David Bourget (Western Ontario)
David Chalmers (ANU, NYU)
Rafael De Clercq
Ezio Di Nucci
Jack Alan Reynolds
Learn more about PhilPapers
Stellenbosch Law Review 24 (2):312-28 (2013)
I address Frank Michelman’s recent attempts to dispel the notion that there are deep tensions between a liberal approach to constitution making and a resolute commitment to fighting poverty, i.e., to holding what he calls ‘social liberalism’. He focuses on the prima facie tension between anti-poverty struggle on the part of government and the existence of a property clause in a constitution, a tension that several commentators in South Africa have contended requires removing that clause from its Constitution. In reply, Michelman argues that in the final analysis there need be no principled conflict between the two, which implies that amending the South African Constitution is unnecessary and perhaps even unwise. I provide reason to think that Michelman’s attempted resolution is incomplete, and suggest plausible ways to understand the legal function of a property clause in a liberal constitutional order beyond those Michelman addresses that can also help to resolve the apparent tension between it and a concerted effort to reduce poverty.
|Keywords||No keywords specified (fix it)|
|Categories||categorize this paper)|
Setup an account with your affiliations in order to access resources via your University's proxy server
Configure custom proxy (use this if your affiliation does not provide a proxy)
|Through your library|
References found in this work BETA
No references found.
Citations of this work BETA
No citations found.
Similar books and articles
Frank I. Michelman (2012). The Property Clause Question. Constellations 19 (2):152-163.
Jeremy Shearmur (1990). From Intersubjectivity Through Epistemology to Property: Rejoinder to Michelman. Critical Review 4 (1-2):144-154.
William A. Galston (2007). Why the New Liberalism Isn't All That New, and Why the Old Liberalism Isn't What We Thought It Was. Social Philosophy and Policy 24 (1):289-305.
Richard Ashcraft (1992). Liberalism and the Problem of Poverty. Critical Review 6 (4):493-516.
Michael Coenen, The Significance of Signatures: Why the Framers Signed the Constitution and What They Meant by Doing So.
Frank I. Michelman (1996). Can Constitutional Democrats Be Legal Positivists? Or Why Constitutionalism? Constellations 2 (3):293-308.
Michael P. Zuckert (2007). On Constitutional Welfare Liberalism: An Old-Liberal Perspective. Social Philosophy and Policy 24 (1):266-288.
Todd Hedrick (2010). Coping with Constitutional Indeterminacy: John Rawls and Jürgen Habermas. Philosophy and Social Criticism 36 (2):183-208.
Frank I. Michelman (1997). Review: Must Constitutional Democracy Be "Responsive"? [REVIEW] Ethics 107 (4):706 - 723.
Frank I. Michelman (2001). Morality, Identity and "Constitutional Patriotism". Ratio Juris 14 (3):253-271.
Richard Ashcraft (1994). Exclusive and Inclusive Theories of Property Rights: Rejoinder to Horne. Critical Review 8 (3):435-440.
Frank I. Michelman (2000). Human Rights and the Limits of Constitutional Theory. Ratio Juris 13 (1):63-76.
Joseph Jedwab (2013). A Critique of Baker's Constitution View. Metaphysica 14 (1):47-62.
Added to index2012-06-10
Total downloads13 ( #262,468 of 1,793,264 )
Recent downloads (6 months)2 ( #344,495 of 1,793,264 )
How can I increase my downloads?