num_pages: 584
description: The study of law is a branch of the study of politics. Even those who emphasize the autonomy of law, either sociologically or normatively, must acknowledge that this is a position that requires justification within a broader theory of politics that either explains or justifies this autonomy. Inevitably, therefore, developments in political life and in political philosophy have a significant effect on the practice of law and its theoretical study. Currently this relationship is evident in the impact of recent developments in the practice and theory of democracy that are redolent with implications for law and legal theory.This collection represents the body of captivating literature that is engaged not only with current developments in law and politics but also with the rediscovery of traditional theories. It offers a way into an engaging and important debate that bears of the most fundamental issues within both legal and political theory. Mortimer Sellers (1997-98) Republicanism, Liberalism and the Law; Keith Ewing (2000) The Politics of the British Constitution; Frank Michelman (1996) Democracy and Positive Liberty; Jeremy Waldron (1996) Legizlation, Authority, Voting. Liberal Legalism: Ronald Dworkin (1996) The Moral Reading of the Constitution; Robin West (1990) Taking Freedom Seriously. Republicanism: Cass R. Sunstein (1988) Beyond the Republican Revival; Kathryn Adams (1998) Comments: Law's Republicanism; Philip Pettit (2000) Republican Liberty and its Constitutional Significance. Deliberative Democracy: Jurgen Habermas (1996) Paradigms of Law; Michel Rosenfeld (1995) Law as Discourse: Bridging the Gap between Democracy and Rights; Tom Campbell (1998) Legal Positivism and Deliberative democracy. Democratic Formalism: Antonin Scalia (1989) The Rule of Law as a Law of Rules; Cass R. Sunstein (1989) Justice Scalia's Democratic Formalism; Jeffrey Goldsworthy (1977) Originalism in Constitutional Interpretation. Judicial Review: Samuel Freeman (1990) Constitutional Democracy and the Legitimacy of Judicial Review; Jeremy Waldron (1994) Freeman's Defense of Judicial Review; John D. Whyte (1990) On not Standing for Notwithstanding; Peter Russell (1991) Standing up for Notwithstanding. Name index. Author Biography: About the Editors: Tom D. Campbell, Department of Law, Australian National University, Australia and Adrienne Stone, Charles Sturt University, Australia
language: English
title: Law and Democracy (The International Library of Essays in Law and Legal Theory
titlecomplete: Law and Democracy (The International Library of Essays in Law and Legal Theory (Second Series))
publisher: Routledge