{"product_id":"democratic-rights-the-substance-of-selfgovernment-9780691149301","title":"Democratic Rights  The Substance of","description":"\u003cb\u003eBook Synopsis\u003c\/b\u003e\u003cbr\u003eWhen 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. This book argues that ideal democracy is comprised of three core values - political autonomy, equality of interests, and reciprocity.\u003cbr\u003e\u003cbr\u003e\u003cb\u003eTrade Review\u003c\/b\u003e\u003cbr\u003eOne of Choice's Outstanding Academic Titles for 2007 \"Develops a 'value theory of democracy' grounded in political autonomy, equality of interests, and reciprocity.\"--Nina C. Ayoub, Chronicle of Higher Education \"[B]rettschneider has produced an innovative, imaginative new perspective on judicial review. He makes a persuasive case that democracy itself demands the legal recognition of certain substantive rights...[N]o one interested in rights or democratic theory can afford to ignore this book.\"--A.D. Sarat, Choice \"Democratic Rights is not only ambitious but distinctive ... and marked by virtues that one does not always find in such books, being clearly written, carefully argued, and admirably concise. It is a book, in short, that is well worth the attention of democratic theorists and anyone who wants to know how far contractualism can take us in political and legal philosophy.\"--Richard Dagger, Criminal Law and Philosophy\u003cbr\u003e\u003cbr\u003e\u003cb\u003eTable of Contents\u003c\/b\u003e\u003cbr\u003eAcknowledgments 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","brand":"Princeton University Press","offers":[{"title":"Default Title","offer_id":49403781153111,"sku":"9780691149301","price":20.9,"currency_code":"GBP","in_stock":true}],"thumbnail_url":"\/\/cdn.shopify.com\/s\/files\/1\/0817\/1739\/5799\/files\/9780691149301.jpg?v=1730484525","url":"https:\/\/bookcurl.com\/products\/democratic-rights-the-substance-of-selfgovernment-9780691149301","provider":"Book Curl","version":"1.0","type":"link"}