A Theory of Justice
A01=Corey Brettschneider
Attempt
Author_Corey Brettschneider
Basic income
Between Facts and Norms
Bill of attainder
Brown University
Cambridge University Press
Capital punishment
Category=JPHV
Citizens (Spanish political party)
Citizenship
Civil liberties
Coercion
Consideration
Constitutional law
Constitutionalism
Contractualism
Criticism
Cruel and unusual punishment
Deliberation
Deliberative democracy
Democracy
Democratic ideals
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eq_isMigrated=1
eq_isMigrated=2
eq_nobargain
eq_non-fiction
eq_society-politics
Equal Protection Clause
Ex post facto law
Freedom of speech
Fundamental rights
George Kateb
Individual and group rights
Institution
John Rawls
Lawmaking
Lawrence v. Texas
Legislation
Legislature
Legitimacy (political)
Liberal democracy
Liberalism
Majoritarianism
Morality
On Liberty
Political Liberalism
Political philosophy
Political science
Politics
Popular sovereignty
Presumption (canon law)
Privacy
Private property
Procedural law
Public policy
Public reason
Public sphere
Reasonable person
Regime
Requirement
Right to privacy
Right to property
Rights
Ronald Dworkin
Rule of law
Ruler
Substantive due process
Substantive rights
Suggestion
The Social Contract
Two Treatises of Government
United States Constitution
Value theory
Voting
Welfare rights
Product details
- ISBN 9780691119700
- Weight: 425g
- Dimensions: 152 x 235mm
- Publication Date: 22 Jul 2007
- Publisher: Princeton University Press
- Publication City/Country: US
- Product Form: Hardback
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When the Supreme Court in 2003 struck down a Texas law prohibiting homosexual sodomy, it cited the right to privacy based on the guarantee of "substantive due process" embodied by the Constitution. But did the court act undemocratically by overriding the rights of the majority of voters in Texas? Scholars often point to such cases as exposing a fundamental tension between the democratic principle of majority rule and the liberal concern to protect individual rights. Democratic Rights challenges this view by showing that, in fact, democracy demands many of these rights. Corey Brettschneider argues that ideal democracy is comprised of three core values--political autonomy, equality of interests, and reciprocity--with both procedural and substantive implications. These values entitle citizens not only to procedural rights of participation (e.g., electing representatives) but also to substantive rights that a "pure procedural" democracy might not protect. What are often seen as distinctly liberal substantive rights to privacy, property, and welfare can, then, be understood within what Brettschneider terms a "value theory of democracy."
Drawing on the work of John Rawls and deliberative democrats such as Jurgen Habermas, he demonstrates that such rights are essential components of--rather than constraints on--an ideal democracy. Thus, while defenders of the democratic ideal rightly seek the power of all to participate, they should also demand the rights that are the substance of self-government.
Corey Brettschneider is assistant professor of political science and public policy at Brown University.
