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Profile: Corey Brettschneider (Brown University)
  1. Corey Brettschneider (forthcoming). Judicial Review and Democratic Authority: Absolute V. Balancing Conceptions. Journal of Ethics and Social Philosophy.
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  2. Corey Brettschneider (2012). Public Justification and the Right to Private Property: Welfare Rights as Compensation for Exclusion. Law and Ethics of Human Rights 6 (1):119-146.
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  3. Corey Brettschneider (2012). When the State Speaks, What Should It Say?: How Democracies Can Protect Expression and Promote Equality. Princeton University Press.
    Brettschneider extends this analysis from freedom of expression to the freedoms of religion and association, and he shows that value democracy can uphold the protection of these freedoms while promoting equality for all citizens.
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  4. Corey Brettschneider (2011). Free and Equal Citizenship and Non-Profit Status: A Reply to Spinner-Halev. Political Theory 39 (6):785 - 792.
  5. Corey Brettschneider (2011). Rights Within the Social Contract : Rousseau on Punishment. In Austin Sarat, Lawrence Douglas & Martha Merrill Umphrey (eds.), Law as Punishment/Law as Regulation. Stanford Law Books.
  6. Corey Brettschneider (2010). A Transformative Theory of Religious Freedom. Political Theory 38 (2):187-213.
    Religious freedom is often thought to protect not only religious practices but also the underlying religious beliefs of citizens. But what should be said about religious beliefs that oppose religious freedom itself or that deny the concept of equal citizenship? The author argues here that such beliefs, while protected against coercive sanction, are rightly subject to attempts at transformation by the state in its expressive capacities. Transformation is entailed by a commitment to publicizing the reasons and principles that justify the (...)
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  7. Corey Brettschneider (2010). When the State Speaks What Should. Perspectives on Politics.
  8. Corey Brettschneider (2010). When the State Speaks, What Should It Say? The Dilemmas of Freedom of Expression and Democratic Persuasion. Perspectives on Politics 8 (4):1005-1019.
    Hate groups are often thought to reveal a paradox in liberal thinking. On the one hand, such groups challenge the very foundations of liberal thought, including core values of equality and freedom. On the other hand, these same values underlie the rights such as freedom of expression and association that protect hate groups. Thus a liberal democratic state that extends those protections to such groups in the name of value neutrality and freedom of expression may be thought to be undermining (...)
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  9. Corey Brettschneider (2008). This Book Provocatively Inquires Into Whether Some Aspects of Law Should Be Regarded as Beyond the Purview of Dem-Ocratic Procedures. On Melissa Schwartzberg's Account,“Entrenchment,”—Her Term for Those Aspects of Law Thought. Argument 6 (2):363.
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  10. Corey Brettschneider (2007). Democratic Rights: The Substance of Self-Government. Princeton University Press.
    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 (...)
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  11. Corey Brettschneider (2007). The Politics of the Personal: A Liberal Approach. American Political Science Review 101 (1):19-31.
    Feminist thinkers have long criticized liberal theory’s public/private distinction for perpetuating indifference to injustices within the family. Thinkers such as Susan Okin have extended this criticism in evaluating the theory of political liberalism, suggesting that this theory’s reliance on a public conception of citizenship renders it indifferent to the way in which the internal politics of the family can undermine equality.However, I argue in this article that the feminist concern to ensure equality within the domestic sphere can in fact be (...)
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  12. Corey Brettschneider (2007). The Rights of the Guilty. Political Theory 35 (2):175-199.
    In this essay I develop and defend a theory of state punishment within a wider conception of political legitimacy. While many moral theories of punishment focus on what is deserved by criminals, I theorize punishment within the specific context of the state’s relationship to its citizens. Central to my account is Rawls’s “liberal principle of legitimacy,” which requires that all state coercion be justifiable to all citizens. I extend this idea to the justification of political coercion to criminals qua citizens. (...)
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  13. Corey Brettschneider (2007). The Rights of the Guilty: Punishment and Political Legitimacy. Political Theory 35 (2):175-199.
    In this essay I develop and defend a theory of state punishment within a wider conception of political legitimacy. While many moral theories of punishment focus on what is deserved by criminals, I theorize punishment within the specific context of the state's relationship to its citizens. Central to my account is Rawls's “liberal principle of legitimacy,” which requires that all state coercion be justifiable to all citizens. I extend this idea to the justification of political coercion to criminals qua citizens. (...)
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  14. Corey Brettschneider (2007). Unreasonable Disagreement: Reply to Lovett. Political Theory 35 (6):811 - 815.
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  15. Corey Brettschneider (2006). Review: Popular Constitutionalism and the Case for Judicial Review. [REVIEW] Political Theory 34 (4):516 - 521.
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  16. Corey Brettschneider (2006). The Value Theory of Democracy. Politics, Philosophy and Economics 5 (3):259-278.
    Liberal political theorists often argue that justice requires limits on policy outcomes, limits delineated by substantive rights. Distinct from this project is a body of literature dedicated to elaborating on the meaning of democracy in procedural terms. In this article, I offer an alternative to the traditional divide between procedural theories of democracy and substantive theories of justice; I call this the ‘value theory of democracy’. I argue that the democratic ideal is fundamentally about a core set of values (political (...)
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  17. Corey Brettschneider (2005). Balancing Procedures and Outcomes Within Democratic Theory: Corey Values and Judicial Review. Political Studies 53:423-451.
    Democratic theorists often distinguish between two views of democratic procedures. ‘Outcomes theorists’ emphasize the instrumental nature of these procedures and argue that they are only valuable because they tend to produce good outcomes. In contrast, ‘proceduralists’ emphasize the intrinsic value of democratic procedures, for instance, on the grounds that they are fair. In this paper. I argue that we should reject pure versions of these two theories in favor of an understanding of the democratic ideal that recognizes a commitment to (...)
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  18. Corey Brettschneider (2004). Nancy L. Rosenblum and Robert C. Post, Eds., Civil Society and Government:Civil Society and Government. Ethics 114 (2):374-376.
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