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Constitutional Goods [Hardcover]

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  • Category: Books (Law)
  • Author:  Brudner, Alan
  • Author:  Brudner, Alan
  • ISBN-10:  0199274665
  • ISBN-10:  0199274665
  • ISBN-13:  9780199274666
  • ISBN-13:  9780199274666
  • Publisher:  Oxford University Press
  • Publisher:  Oxford University Press
  • Pages:  464
  • Pages:  464
  • Binding:  Hardcover
  • Binding:  Hardcover
  • Pub Date:  01-Jul-2004
  • Pub Date:  01-Jul-2004
  • SKU:  0199274665-11-MPOD
  • SKU:  0199274665-11-MPOD
  • Item ID: 100745612
  • Seller: ShopSpell
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  • Delivery by: Dec 30 to Jan 01
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InConstitutional Goods, Alan Brudner distills the essentials of liberal constitutionalism from the jurisprudence and practice of contemporary liberal-democratic states, and argues that the model liberal-democratic constitution is best understood as a unity of three constitutional frameworks: libertarian, egalitarian, and communitarian. Each of these has a particular conception of public reason. Brudner criticizes each of these frameworks insofar as its organizing conception claims to be fundamental, and moves forward to suggest a Hegelian conception of public reason within which each framework is contained as a constituent element of a whole.

When viewed in this light, the liberal constitution embodies a surprising synthesis. It reconciles a commitment to individual liberty and freedom of conscience with the perfectionist idea that the state ought to cultivate a type of personality whose fundamental ends are the goods essential to dignity. Such a reconciliation, the author suggests, may attract competing liberalisms to a consensus on an inclusive conception of public reason under which political authority is validated for those who share a confidence in the individual's inviolable worth.

Preface
Introduction: The Aim of Constitutional Theory
Part One: Liberty
1. The Libertarian Conception of the Public
2. Constitutional Principles: Civil Rights
3. Constitutional Principles: Political Rights
Part Two: Equality
4. The Egalitarian Principle of Justice
5. Self-authorship and Substantive Justice
6. Self-rule and Procedural Justice
7. Social and Economic Rights
Part Three: Community
8. Hegel's Idea of Sittlichkeit
9. Sex, Family, and Self-Authorship
10. The Liberal Duty to Recognize Cultures
11. Consociationalism
Conclusion

Brudner's book is an unqualified success. The author has admirably moved the discourse of constitutional thought to a hlsj
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