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Corey Brettschneider [36]Corey Lang Brettschneider [1]
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Corey Brettschneider
Brown University
  1. A Transformative Theory of Religious Freedom: Promoting the Reasons for Rights.Corey Brettschneider - 2010 - 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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  2.  65
    Democratic Rights: The Substance of Self-Government.Corey Brettschneider - 2007 - 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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  3. Balancing Procedures and Outcomes Within Democratic Theory: Corey Values and Judicial Review.Corey Brettschneider - 2005 - 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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  4. The Rights of the Guilty: Punishment and Political Legitimacy.Corey Brettschneider - 2007 - 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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  5. When the State Speaks, What Should It Say? The Dilemmas of Freedom of Expression and Democratic Persuasion.Corey Brettschneider - 2010 - 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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  6. The Value Theory of Democracy.Corey Brettschneider - 2006 - 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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  7. Index.Corey Brettschneider - 2012 - In When the State Speaks, What Should It Say?: How Democracies Can Protect Expression and Promote Equality. Princeton University Press. pp. 207-216.
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  8.  1
    Judicial Review and Democratic Authority.Corey Brettschneider - 2011 - Journal of Ethics and Social Philosophy 5 (3):1-10.
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  9.  90
    Free and Equal Citizenship and Non-Profit Status.Corey Brettschneider - 2011 - Political Theory 39 (6):785-792.
  10. When the State Speaks What Should.Corey Brettschneider - 2010 - Perspectives on Politics.
  11. The Politics of the Personal: A Liberal Approach.Corey Brettschneider - 2007 - 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.  32
    Public Justification and the Right to Private Property: Welfare Rights as Compensation for Exclusion.Corey Brettschneider - 2012 - The Law and Ethics of Human Rights 6 (1):119-146.
    The right to private property is among the most fundamental in liberal theory. For many liberals the idea of the state is grounded in its role as a protector of private property. If the liberal state is justified by its ability to protect property, the modern welfare state is often justified by its ability to meet needs. According to a view commonly referred to as “welfarism,” the very fact that needs exist implies there is a moral obligation to meet them. (...)
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  13.  25
    Unreasonable Disagreement.Corey Brettschneider - 2007 - Political Theory 35 (6):811-815.
  14.  14
    Rights Within the Social Contract : Rousseau on Punishment.Corey Brettschneider - 2011 - In Austin Sarat, Lawrence Douglas & Martha Merrill Umphrey (eds.), Law as Punishment/Law as Regulation. Stanford Law Books.
    This chapter argues that the same logic that imbues the state with the legitimate authority to punish also imposes restraints on that authority. It suggests that scholarship on punishment puts more emphasis on the political legitimacy of state punishment rather than on the moral question of what is deserved by criminals. It turns to Rousseau's social contract based justification for punishment as a crucial resource in that effort. It begins by closely examining Rousseau's claim that the criminal consents to punishment, (...)
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  15.  26
    Judicial Review and Democratic Authority: Absolute V. Balancing Conceptions.Corey Brettschneider - forthcoming - Journal of Ethics and Social Philosophy.
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  16.  12
    Equality as a Basis for Religious Toleration: A Response to Leiter.Corey Brettschneider - 2016 - Criminal Law and Philosophy 10 (3):537-546.
    In this short essay, I respond to Brian Leiter’s Why Tolerate Religion. I focus on two criticisms. First, I argue that Leiter’s own theory depends on an unacknowledged ideal of equality, and that equality is central to the utilitarian and Rawlsian bases for religious toleration that he draws upon in his book. Second, I argue against Leiter’s allowing, in certain circumstances, the state to establish religion and to promote religious conceptions of the good.
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  17.  13
    Democracy and Legal Change. By Melissa Schwartzberg. New York: Cambridge University Press, 2007. 240p. $85.00. [REVIEW]Corey Brettschneider - 2008 - Perspectives on Politics 6 (2):363.
  18.  16
    Nancy L. Rosenblum and Robert C. Post, Eds., Civil Society and Government:Civil Society and Government.Corey Brettschneider - 2004 - Ethics 114 (2):374-376.
  19.  3
    Challenging Hate, Protecting Rights.Corey Brettschneider - 2017 - Jurisprudence 8 (2):380-390.
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  20. Contents.Corey Brettschneider - 2012 - In When the State Speaks, What Should It Say?: How Democracies Can Protect Expression and Promote Equality. Princeton University Press.
     
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  21. Chapter One. The Principle of Public Relevance and Democratic Persuasion: Value Democracy’s Two Guiding Ideas.Corey Brettschneider - 2012 - In When the State Speaks, What Should It Say?: How Democracies Can Protect Expression and Promote Equality. Princeton University Press. pp. 24-50.
     
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  22.  13
    Review: Popular Constitutionalism and the Case for Judicial Review. [REVIEW]Corey Brettschneider - 2006 - Political Theory 34 (4):516 - 521.
  23. Introduction. Averting Two Dystopias: An Introduction to Value Democracy.Corey Brettschneider - 2012 - In When the State Speaks, What Should It Say?: How Democracies Can Protect Expression and Promote Equality. Princeton University Press. pp. 1-23.
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  24.  5
    Popular Constitutionalism and the Case for Judicial Review.Corey Brettschneider - 2006 - Political Theory 34 (4):516-521.
  25. Chapter Three. When the State Speaks, What Should It Say?: Democratic Persuasion and the Freedom of Expression.Corey Brettschneider - 2012 - In When the State Speaks, What Should It Say?: How Democracies Can Protect Expression and Promote Equality. Princeton University Press. pp. 71-108.
  26.  1
    Book ReviewsNancy L., Rosenblum, and Robert C., Post, Eds., Civil Society and Government.Princeton, N.J.: Princeton University Press, 2002. Pp. 408. $59.50 ; $19.95. [REVIEW]Corey Brettschneider - 2004 - Ethics 114 (2):374-376.
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  27.  1
    A Précis of When the State Speaks, What Should It Say?Corey Brettschneider - 2016 - Philosophy and Public Issues - Filosofia E Questioni Pubbliche.
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  28. Acknowledgments.Corey Brettschneider - 2012 - In Logic and Logical Philosophy. Princeton University Press.
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  29. Bibliography.Corey Brettschneider - 2012 - In When the State Speaks, What Should It Say?: How Democracies Can Protect Expression and Promote Equality. Princeton University Press. pp. 199-206.
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  30. Chapter Four. Democratic Persuasion and State Subsidy.Corey Brettschneider - 2012 - In When the State Speaks, What Should It Say?: How Democracies Can Protect Expression and Promote Equality. Princeton University Press. pp. 109-141.
  31. Chapter Five. Religious Freedom and the Reasons for Rights.Corey Brettschneider - 2012 - In When the State Speaks, What Should It Say?: How Democracies Can Protect Expression and Promote Equality. Princeton University Press. pp. 142-167.
     
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  32. Chapter Two. Publicly Justifiable Privacy and Reflective Revision by Citizens.Corey Brettschneider - 2012 - In When the State Speaks, What Should It Say?: How Democracies Can Protect Expression and Promote Equality. Princeton University Press. pp. 51-70.
     
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  33. Conclusion: Value Democracy at Home and Abroad.Corey Brettschneider - 2012 - In When the State Speaks, What Should It Say?: How Democracies Can Protect Expression and Promote Equality. Princeton University Press. pp. 168-174.
  34. Notes.Corey Brettschneider - 2012 - In When the State Speaks, What Should It Say?: How Democracies Can Protect Expression and Promote Equality. Princeton University Press. pp. 175-198.
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  35. Responses to Rubenstein, Conly, Vallier, and Lever.Corey Brettschneider - forthcoming - Philosophy and Public Issues - Filosofia E Questioni Pubbliche.
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  36.  10
    When the State Speaks, What Should It Say?: How Democracies Can Protect Expression and Promote Equality.Corey Brettschneider - 2012 - 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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