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Locke and the Legislative Point of View:
Toleration, Contested Principles, and the Law
Alex Tuckness

Book Description | Reviews

TABLE OF CONTENTS:

ACKNOWLEDGMENTS xi
ABBREVIATED REFERENCES xiii
Introduction 1
PART I
The Legislative Point of View and the Ends of Government 15
CHAPTER 1
Contested Laws and Principles 17
Contested Principles and the Legislative Point of View 25
The Analogy between Laws and Moral Principles 31
CHAPTER 2
Contested Principles and the Legislative Point of View 36
Rule-Utilitarianism and Contested Principles 36
Locke, Proast, and Contested Principles 39
The Secular Analogue of the Lockean Argument 46
Two Illustrations 51
CHAPTER 3
Legislative Consent and the Public Good 57
Problems with Contractual Consent 66
Locke's Legislative Consent and the Public Good 74
CHAPTER 4
Beyond Neutrality and Perfectionism 85
Two Liberal Approaches 85
Rawls and Reasonable Agreement 88
Raz and Human Well-Being 101
Beyond Neutrality and Perfectionism 110
PART II
The Legislative Point of View and Constitutional Roles 115
CHAPTER 5
Institutional Roles and the Legislative Point of View 117
Locke on Legislative and Executive Powers 121
Locke and the Missing Judicial Power 127
Judges as Legislators: Functions versus Institutions 132
Implications for Contested Roles 135
CHAPTER 6
Contested Roles, Interpretation, and the Framer's Point of View 137
Contested Jurisdiction and the "Framer's Point of View" 140
Contested Constitutional Jurisdiction in the United States 143
Dworkin and the Legislative Point of View 147
Originalism and the Nature of Law and Legislation 159
Boerne v. Flores 166
Contested Roles and the State of Nature 172
Conclusion 174
APPENDIX I
Textual Support for the Legislative Point of View 179
APPENDIX 2
Locke's Theory of Consent and the Ends of Government 181
BIBLIOGRAPHY 191
COURT CASES CITED 199
INDEX 201

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File created: 7/11/2014

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