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5Public 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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50Judicial 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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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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1781A 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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36Review: Popular Constitutionalism and the Case for Judicial Review (review)Political Theory 34 (4). 2006.
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31Equality 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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1290When 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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Chapter Five. Religious Freedom and the Reasons for RightsIn When the State Speaks, What Should It Say?: How Democracies Can Protect Expression and Promote Equality, Princeton University Press. pp. 142-167. 2012.
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AcknowledgmentsIn When the State Speaks, What Should It Say?: How Democracies Can Protect Expression and Promote Equality, Princeton University Press. 2012.
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1351The Rights of the Guilty: Punishment and Political LegitimacyPolitical Theory 35 (2): 175-199. 2007.In this essay I develop and defend a theory of state punishment within a wider conception of political legitimacy. While many moral theories of punishment focus on what is deserved by criminals, I theorize punishment within the specific context of the state's relationship to its citizens. Central to my account is Rawls's “liberal principle of legitimacy,” which requires that all state coercion be justifiable to all citizens. I extend this idea to the justification of political coercion to crimin…Read more
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16Popular Constitutionalism and the Case for Judicial ReviewPolitical Theory 34 (4): 516-521. 2006.
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Conclusion: Value Democracy at Home and AbroadIn When the State Speaks, What Should It Say?: How Democracies Can Protect Expression and Promote Equality, Princeton University Press. pp. 168-174. 2012.
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1552Balancing Procedures and Outcomes Within Democratic Theory: Corey Values and Judicial ReviewPolitical Studies 53 423-451. 2005.Democratic theorists often distinguish between two views of democratic procedures. ‘Outcomes theorists’ emphasize the instrumental nature of these procedures and argue that they are only valuable because they tend to produce good outcomes. In contrast, ‘proceduralists’ emphasize the intrinsic value of democratic procedures, for instance, on the grounds that they are fair. In this paper. I argue that we should reject pure versions of these two theories in favor of an understanding of the democra…Read more
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76Rights 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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Brown UniversityRegular Faculty
Areas of Specialization
Philosophy of Law |
Social and Political Philosophy |
Areas of Interest
Philosophy of Law |
Social and Political Philosophy |