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Law and Disagreement

4.5 out of 5 stars 2 customer reviews
ISBN-13: 978-0199243037
ISBN-10: 0199243034
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Editorial Reviews

Review


"An influential contribution to legal philosophy."--International Philosophical


"Waldron's view gets much of its appeal from the way he understands voting as an expression of mutual respect. He is no doubt right to maintain that mutual respect is a fundamental basis of our commitment to majority decisions making in the face of disagreement."--Liam Murphy, Philosophical Review


"...marvellously challenging, engaging and courageous...The arguments and stimulating and helpful" --William Lucy The Modern Law Review November 2000


"Waldron is making an influential contribution to legal philosophy ... Waldron is an eloquent advocate for democratic processes and the protection of autonomy." --Robert John Araujo, S. J., International Philosophical Quarterly December 2000


About the Author


Jeremy Waldron, Maurice and Hilda Friedman Professor of Law and Director of the Center for Law and Philosophy, Columbia University
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Product Details

  • Paperback: 344 pages
  • Publisher: Oxford University Press (April 12, 1999)
  • Language: English
  • ISBN-10: 0199243034
  • ISBN-13: 978-0199243037
  • Product Dimensions: 8.9 x 0.9 x 5.8 inches
  • Shipping Weight: 1.4 pounds (View shipping rates and policies)
  • Average Customer Review: 4.5 out of 5 stars  See all reviews (2 customer reviews)
  • Amazon Best Sellers Rank: #652,155 in Books (See Top 100 in Books)

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Format: Paperback
Waldron's "Law and Disagreement" makes a case against over-constitutionalizing rights because, as the title suggests, people disagree about the nature of those rights. Waldron worries listing rights in a constitution focuses discourse too much on the text rather than the underlying right at stake. Moreover, constitutionalizing rights simply makes it more difficult to amend if society's understanding of those rights changes. However, while Waldron makes some compelling arguments, he also seems ignorant of the reality of current politics. He explicitly assumes that politics can and does engage in civil discourse over genuine disagreements. Yet, that simply cannot realistically describe American politics today or ever, except in a few rare instances. Certain interests seek to constitutionalize rights precisely because they do NOT trust their fellow citizens (such as African Ameriacns after the Civil Rights movement). While ideally society could have a productive discussion on rights, in reality too much is at stake for too many people to relax constitutional rights and judicial review.
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By jnl on July 15, 2013
Format: Paperback Verified Purchase
I was looking for this book, and I found here.. I liked so much.. It is a good website to purchase
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