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4Public Justification and the Right to Private PropertyIn Martin O'Neill & Thad Williamson (eds.), Property‐Owning Democracy, Wiley‐blackwell. 2012-02-17.This chapter contains sections titled: Contractualist Justification and Private Property Three Models of Welfare Rights The Proposals as Reasonable Alternatives Objections Conclusion References.
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1Free speech as an inverted right and democratic persuasionIn Rowan Cruft, S. Matthew Liao & Massimo Renzo (eds.), Philosophical Foundations of Human Rights, Oxford University Press Uk. 2015.
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49Judicial Review and Democratic AuthorityJournal of Ethics and Social Philosophy 5 (3): 1-10. 2011.No abstract.
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Reciprocity and Rights: A Democratic Theory of Privacy, Property, Welfare, and LifeDissertation, Princeton University. 2002.Building on the work of Rousseau, Rawls, and theorists of deliberative democracy, my dissertation makes use of a substantive conception of reason-giving called "mutual justification" to develop and defend four basic rights: privacy, property, welfare, and life. While theories of reciprocity are prominent in the literature of democratic theory, my contribution lies in using reciprocity to reformulate the way theorists think about the fundamental rights essential to a legitimate society. My approa…Read more
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74Rights within the social contract : Rousseau on punishmentIn Austin Sarat, Lawrence Douglas & Martha Merrill Umphrey (eds.), Law as Punishment/Law as Regulation, Stanford Law Books. 2011.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…Read more
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IndexIn When the State Speaks, What Should It Say?: How Democracies Can Protect Expression and Promote Equality, Princeton University Press. pp. 207-216. 2012.
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6A Précis of When the State Speaks, What Should It Say?Philosophy and Public Issues - Filosofia E Questioni Pubbliche. 2016.Download.
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124The value theory of democracyPolitics, Philosophy and Economics 5 (3): 259-278. 2006.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…Read more
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56Public Justification and the Right to Private Property: Welfare Rights as Compensation for ExclusionThe Law and Ethics of Human Rights 6 (1): 119-146. 2012.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. In this Article I appeal to Rawlsian co…Read more
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89Democratic Rights: The Substance of Self-GovernmentPrinceton University Press. 2007.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 …Read more
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1ContentsIn When the State Speaks, What Should It Say?: How Democracies Can Protect Expression and Promote Equality, Princeton University Press. 2012.
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23Democracy and Legal Change. By Melissa Schwartzberg. New York: Cambridge University Press, 2007. 240p. $85.00. (review)Perspectives on Politics 6 (2): 363. 2008.
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1Introduction. Averting Two Dystopias: An Introduction to Value DemocracyIn When the State Speaks, What Should It Say?: How Democracies Can Protect Expression and Promote Equality, Princeton University Press. pp. 1-23. 2012.
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1Chapter Two. Publicly Justifiable Privacy and Reflective Revision by CitizensIn When the State Speaks, What Should It Say?: How Democracies Can Protect Expression and Promote Equality, Princeton University Press. pp. 51-70. 2012.
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1747A Transformative Theory of Religious Freedom: Promoting the Reasons for RightsPolitical Theory 38 (2): 187-213. 2010.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 …Read more
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33Review: Popular Constitutionalism and the Case for Judicial Review (review)Political Theory 34 (4). 2006.
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30Equality as a Basis for Religious Toleration: A Response to LeiterCriminal Law and Philosophy 10 (3): 537-546. 2016.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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Chapter Four. Democratic Persuasion and State SubsidyIn When the State Speaks, What Should It Say?: How Democracies Can Protect Expression and Promote Equality, Princeton University Press. pp. 109-141. 2012.
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1258When the State Speaks, What Should it Say? The Dilemmas of Freedom of Expression and Democratic PersuasionPerspectives on Politics 8 (4): 1005-1019. 2010.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 the …Read more
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8The Politics of the Personal: A Liberal ApproachAmerican Political Science Review 101 (1): 19-31. 2007.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 ensur…Read more
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NotesIn When the State Speaks, What Should It Say?: How Democracies Can Protect Expression and Promote Equality, Princeton University Press. pp. 175-198. 2012.
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BibliographyIn When the State Speaks, What Should It Say?: How Democracies Can Protect Expression and Promote Equality, Princeton University Press. pp. 199-206. 2012.
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29When the State Speaks, What Should It Say?: How Democracies Can Protect Expression and Promote EqualityPrinceton University Press. 2012.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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8Responses to Rubenstein, Conly, Vallier, and LeverPhilosophy and Public Issues - Filosofia E Questioni Pubbliche. forthcoming.Download.
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Brown UniversityRegular Faculty
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Philosophy of Law |
Social and Political Philosophy |
Areas of Interest
Philosophy of Law |
Social and Political Philosophy |