The rule of recognition and the U.S. Constitution
By: edited by Matthew D. Adler and Kenneth Einar Himma
Publisher: Oxford University Press
Published: 2009
Place of publication: Oxford; New York
Language: eng
Number of pages: 389
ISBN-13: 9780199711161
Subjects: Constitutional law; Philosophy; Jurisprudence; Methodology; Legal positivism; Droit; Méthodologie; Positivisme juridique; LAW; Constitutional; Public; Verfassungsrecht; Staatsrecht; Filosofische aspecten; Rechtspositivisme; Concept of law (Hart, H.L.A.); Verfassung <1787>
Description: This volume includes both jurisprudence, using the U.S. as a 'test case' that highlights the strengths and limitations of the rule of recognition model, and constitutional theory, by showing how the model can illuminate topics such as the role of the Supreme Court, the constitutional status of precedent, and much more.
Notes: Includes bibliographical references and index.
Table of contents: title: The rule of recognition and the Constitution / Kent Greenawalt; title: Precedent-based constitutional adjudication, acceptance, and the rule of recognition / Richard H. Fallon, Jr; title: How the written constitution crowds out the extra-constitutional rule of recognition / Michael C. Dorf; title: Understanding the relationship between the U.S. Cconstitution and the conventional rule of recognition / Kenneth Einar Himma; title: Four concepts of validity : reflections on inclusive and exclusive positivism / Wil Waluchow; title: How to understand the rule of recognition and the American Constitution / Kent Greenawalt; title: Rules of recognition, constitutional controversies, and the dizzying dependence of law on acceptance / Larry Alexander and Frederick Schauer; title: Social facts, constitutional interpretation, and the rule of recognition / Matthew D. Adler; title: What is the rule of recognition (and does it exist)? / Scott J. Shapiro; title: Constitutional theory and the rule of recognition : toward a fourth theory of law / Mitchell N. Berman; title: Where have all the powers gone? : Hartian rules of recognition, noncognitivism, and the constitutional and jurisprudential foundations of law / Stephen Perry; title: Who needs rules of recognition? / Jeremy Waldron; title: Kelsen, quietism, and the rule of recognition / Michael Steven Green.