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Product Identifiers

PublisherRoutledge

ISBN-100813323495

ISBN-139780813323497

eBay Product ID (ePID)383216

Product Key Features

Number of Pages236 Pages

LanguageEnglish

Publication NameWords That Bind : Judicial Review and the Grounds of Modern Constitutional Theory

Publication Year1995

SubjectConstitutional, Judicial Power, General

TypeTextbook

AuthorJohn Arthur

Subject AreaLaw, Philosophy

FormatTrade Paperback

Dimensions

Item Height0.2 in

Item Weight13.4 Oz

Item Length9 in

Item Width6 in

Additional Product Features

Intended AudienceCollege Audience

LCCN94-029699

Dewey Edition20

IllustratedYes

Dewey Decimal347.73/12

Table Of ContentPreface -- Introduction -- Enforcing the Social Contract: Original Intent -- Perfecting the Democratic Process -- Critical Legal Studies and the Denial of Law -- Promoting the General Welfare: Utilitarianism, Law, and Economics -- Democratic Contractualism and the Search for Equality

SynopsisWords That Bind presents a careful and nuanced treatment of constitutional interpretation and judicial review. By bringing constitutional theory and contemporary political philosophy to bear on each other, John Arthur illuminates these topics as no other recent author has., The words of the U.S. Constitution limit the possibilities of political action: they bind us in certain ways. How they bind us, however, depends upon how these words are interpreted and upon the distinctively American practice of judicial review.In Words That Bind, John Arthur examines conflicting theories of constitutional interpretation and judicial review, arguing that each of the dominant legal approaches'from original intent to law and economics, from legal pragmatism to critical legal studies'rests on a distinct philosophical conception of democracy.Turning to recent work in political philosophy, Arthur explores the important but oft-ignored implications of both utilitarianism and social contract theory for constitutional interpretation and judicial review. He addresses such important and contested issues as the justification of rights, the rule of law, popular consent, equality, and feminist constitutional theory. The book makes an especially significant contribution through the fruitful interaction of two traditions: constitutional jurisprudence and contemporary political theory.Words That Bind presents a careful and nuanced treatment of a set of ideas and institutional forms absolutely central to U.S. democracy. Arguing that neither legal theory nor political philosophy can proceed independently of the other, Arthur illuminates both topics as no other recent author has., The words of the U.S. Constitution limit the possibilities of political action: they bind us in certain ways. How they bind us, however, depends upon how these words are interpreted and upon the distinctively American practice of judicial review.In Words That Bind, John Arthur examines conflicting theories of constitutional interpretation and judicial review, arguing that each of the dominant legal approaches--from original intent to law and economics, from legal pragmatism to critical legal studies--rests on a distinct philosophical conception of democracy.Turning to recent work in political philosophy, Arthur explores the important but oft-ignored implications of both utilitarianism and social contract theory for constitutional interpretation and judicial review. He addresses such important and contested issues as the justification of rights, the rule of law, popular consent, equality, and feminist constitutional theory. The book makes an especially significant contribution through the fruitful interaction of two traditions: constitutional jurisprudence and contemporary political theory. Words That Bind presents a careful and nuanced treatment of a set of ideas and institutional forms absolutely central to U.S. democracy. Arguing that neither legal theory nor political philosophy can proceed independently of the other, Arthur illuminates both topics as no other recent author has., This book examines conflicting theories of constitutional interpretation and judicial review, arguing that each of the dominant legal approaches rests on a distinct philosophical conception of democracy. It explores the important implications of utilitarianism and social contract theory.

LC Classification NumberKF4575.A97 1995