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This volume includes both jurisprudence, using the U.S. as a 'test case' that highlights the strengths and limitations of the rule of recognition model, and constitutional theory, by showing how the model can illuminate topics such as the role of the Supreme Court, the constitutional status of precedent, and much more.
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Subjects
Constitutional law, Methodology, Philosophy, Legal positivism, JurisprudenceShowing 1 featured edition. View all 1 editions?
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The rule of recognition and the U.S. Constitution
2009, Oxford University Press
in English
0195343298 9780195343298
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Book Details
Published in
New York
Table of Contents
Introduction / Matthew D. Adler and Kenneth Einar Himma
The rule of recognition and the Constitution / Kent Greenawalt
Precedent-based constitutional adjudication, acceptance, and the rule of recognition / Richard H. Fallon, Jr
How the written constitution crowds out the extra-constitutional rule of recognition / Michael C. Dorf
Understanding the relationship between the U.S. Cconstitution and the conventional rule of recognition / Kenneth Einar Himma
Four concepts of validity : reflections on inclusive and exclusive positivism / Wil Waluchow
How to understand the rule of recognition and the American Constitution / Kent Greenawalt
Rules of recognition, constitutional controversies, and the dizzying dependence of law on acceptance / Larry Alexander and Frederick Schauer
Social facts, constitutional interpretation, and the rule of recognition / Matthew D. Adler
What is the rule of recognition (and does it exist)? / Scott J. Shapiro
Constitutional theory and the rule of recognition : toward a fourth theory of law / Mitchell N. Berman
Where all have the powers gone : Hartian rules of recognition, noncognitivsm, and the constitutional and jurisprudential foundations of law / Stephen Perry
Who needs rules of recognition? / Jeremy Waldron
Kelsen, quietism, and the rule of recognition / Michael Steven Green.
Edition Notes
Includes bibliographical references and index.
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