Princeton University Press (2007)
|Abstract||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 Jürgen 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.|
|Keywords||Democracy Liberalism Rights Property Privacy Punishment Democratic Theory Rawls Habermas co-original|
|Categories||categorize this paper)|
|Buy the book||$3.00 used (93% off) $22.36 new (45% off) $39.10 direct from Amazon (7% off) Amazon page|
|Through your library||Configure|
Similar books and articles
Corey Brettschneider (2006). The Value Theory of Democracy. Politics, Philosophy and Economics 5 (3):259-278.
Jeff Noonan (2005). Modernization, Rights, and Democratic Society: The Limits of Habermas's Democratic Theory. [REVIEW] Res Publica 11 (2):101-123.
Samuel Freeman (1990). Constitutional Democracy and the Legitimacy of Judicial Review. Law and Philosophy 9 (4):327 - 370.
William Nelson (2008). Corey Brettschneider,Democratic Rights: The Substance of Self‐Government:Democratic Rights: The Substance of Self‐Government. Ethics 118 (3):540-543.
Sarah Fine (2011). Democracy, Citizenship and the Bits in Between. Critical Review of International Social and Political Philosophy 14 (5):623-640.
Richard Bellamy (2012). Rights as Democracy. Critical Review of International Social and Political Philosophy 15 (4):449-471.
W. J. Talbott (2010). Human Rights and Human Well-Being. Oxford University Press.
Anne Newman (2012). A Democratic Framework for Educational Rights. Educational Theory 62 (1):7-23.
Thomas Christiano (2010). The Constitution of Equality: Democratic Authority and Its Limits. OUP Oxford.
Jitendra Nath Sarker (2006). Majority Rule and Minority Rights. The Proceedings of the Twenty-First World Congress of Philosophy 2:169-173.
Eva Erman (2011). Human Rights Do Not Make Global Democracy. Contemporary Political Theory 10 (4):463.
Corey Brettschneider (2005). Balancing Procedures and Outcomes Within Democratic Theory: Corey Values and Judicial Review. Political Studies 53:423-451.
Michael Goodhart (2008). Human Rights and Global Democracy. Ethics and International Affairs 22 (4):395-420.
Added to index2010-09-23
Total downloads36 ( #38,010 of 722,742 )
Recent downloads (6 months)2 ( #36,438 of 722,742 )
How can I increase my downloads?