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Democratic Rights:
The Substance of Self-Government
Corey Brettschneider

Book Description | Reviews
Introduction [HTML] or [PDF format]

TABLE OF CONTENTS:

Acknowledgments ix
INTRODUCTION 1

CHAPTER ONE
The Value Theory of Democracy 7
I. Introduction 7
II. Procedural Democractic Theories 11
III. Procedure-Independent Theories: Epistemic and Democratic 17
IV. Conclusion 26

CHAPTER TWO
Paradigmatic Democratic Rights and Citizens as Addressees of Law 28
I. Introduction 28
II. Citizens as Authors and Addressees: Co-Originality and Citizens' Status 29
III. Rule of Law 38
IV. Freedom of Expression and Conscience 44
V. Conclusion 52

CHAPTER THREE
Democratic Contractualism: A Framework for Justifiable Coercion 54
I. Introduction 54
II. A Lexicon of Citizenship 55
III. The Principle of Democracy's Public Reason 61
IV. The Inclusion Principle 64
V. Conclusion 69

CHAPTER FOUR
Public Justification and the Right to Privacy 71
I. Introduction 71
II. Situating Democratic Privacy: A Critique of Liberal and Republican Accounts 73
III. Relevance and the Boundaries of Privacy 78
IV. Privacy, Equality, and Democratically Justifiable Coercion 85
V. Conclusion 94

CHAPTER FIVE
The Rights of the Punished 96
I. Introduction 96
II. The Need for Justification to Criminals qua Citizens: The Problem with Punishment as War 98
III. State Punishment as an Issue of Political Morality: Punishing Criminals qua Persons versus Criminals qua Citizens 101
IV. Democratic Rights Against Punishment 105
V. Capital Punishment 108
VI. Conclusion 112

CHAPTER SIX
Private Property and the Right to Welfare 114
I. Introduction 114
II. The Right to Private Property and State Coercion 115
III. Democratic Contractualism and the Right to Private Property 119
IV. Democratic Proposals for Welfare Rights 126
V. Objections 132
VI. Conclusion 135

CHAPTER SEVEN
Judicial Review: Balancing Democratic Rights and Procedures 136
I. Introduction 136
II. The Limits of a Pure Outcomes-Based Theory 140
III. The Failure of Pure Procedural Theories 145
IV. Impure Procedural and Outcomes-Based Theories 146
V. The Flaws with Formal Democratic Arguments and the Need for Examples in a Theory of Democracy 150
VI. The Objection from Benevolent Dictatorship 157
VII. Conclusion 158

Conclusion: Democratic Rights and Contemporary Politics 160
Bibliography 163
Index 169

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File created: 4/17/2014

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