|Abstract||This talk, prepared for delivery at the 2008 Wayne State University Humanities Center Faculty Fellows Conference, explores the relationship between popular sovereignty and legality. Legality - in particular, legal rights entrenched in a constitution - often is thought to conflict with popular sovereignty in a way that mirrors the supposed tension between individual autonomy and legal authority. Both perceived conflicts, however, rest in part upon the problematic idea that the law knows better than legal subjects what to do in particular cases. In fact, legal authority is best justified as a means of resolving disputes about what to do in particular cases. A dispute-resolution account of law shifts the focus away from the supposed conflict between law on the one hand and individual autonomy or popular sovereignty on the other, and toward the function of law as a means of settling conflict about, among other things, what autonomy and popular sovereignty entail. In particular, the dispute-resolution account suggests that judicially enforced constitutional rights might serve as a relatively neutral means of settling disagreements about the relationship between political majorities and political minorities.|
|Keywords||No keywords specified (fix it)|
|Through your library||Only published papers are available at libraries|
Similar books and articles
D. M. Lewis (1989). Athenian Politics Martin Ostwald: From Popular Sovereignty to the Sovereignty of Law. Law, Society and Politics in Fifth-Century Athens. Pp. Xxii + 663. Berkeley, Los Angeles and London: University of California Press, 1986. $75. [REVIEW] The Classical Review 39 (02):279-281.
Keith Charles Culver (2010). Legality's Borders: An Essay in General Jurisprudence. Oxford University Press.
Eric Cavallero (2003). Popular Sovereignty and the Law of Peoples. Legal Theory 9 (3):181-200.
Charles A. Barbour & George Pavlich (eds.) (2010). After Sovereignty: On the Question of Political Beginnings. Routledge.
Ronald A. Brand, Sovereignty: The State, the Individual, and the International Legal System in the Twenty First Century.
Joseph V. Dolan (1989). Book Review:From Popular Sovereignty to the Sovereignty of Law: Law, Society, and Politics in Fifth-Century Athens. Martin Ostwald. [REVIEW] Ethics 99 (2):436-.
David Laycock (2005). Visions of Popular Sovereignty: Mapping the Contested Terrain of Contemporary Western Populisms. Critical Review of International Social and Political Philosophy 8 (2):125-144.
Nicholas F. Jones (1989). From Popular Sovereignty to the Sovereignty of Law: Law, Society, and Politics in Fifth-Century Athens. Ancient Philosophy 9 (1):118-121.
Patrick Macklem (2008). Humanitarian Intervention and the Distribution of Sovereignty in International Law. Ethics and International Affairs 22 (4):369-393.
Pavlos Eleftheriadis (2010). Law and Sovereignty. Law and Philosophy 29 (5):535-569.
Added to index2009-01-28
Total downloads7 ( #133,587 of 549,516 )
Recent downloads (6 months)1 ( #63,397 of 549,516 )
How can I increase my downloads?