Constitutional Domains: Democracy, Community, Management Robert Post

ISBN: 9780674165458

Published: March 19th 1995

Hardcover

463 pages


Description

Constitutional Domains: Democracy, Community, Management  by  Robert Post

Constitutional Domains: Democracy, Community, Management by Robert Post
March 19th 1995 | Hardcover | PDF, EPUB, FB2, DjVu, audiobook, mp3, ZIP | 463 pages | ISBN: 9780674165458 | 10.75 Mb

Drawing on work in sociology, philosophy, and political theory, Post demonstrates that the law establishes distinct and competing forms of social order: democracy, in which the law embodies the possibilities of collective self-determination-MoreDrawing on work in sociology, philosophy, and political theory, Post demonstrates that the law establishes distinct and competing forms of social order: democracy, in which the law embodies the possibilities of collective self-determination- community, in which the law articulates and enforces a common social identity- and management, in which the law creates the conditions for accomplishing specific goals.

Debates over the boundaries between these distinct domains, Post argues, are central to some of the most intractable problems of modern constitutional law. Here we see, for instance, how the controversy over the regulation of racist speech negotiates the boundary between communitarian and democratic forms of social ordering. We see how public forum doctrine, a crucial but notoriously mysterious component of First Amendment jurisprudence, arbitrates distinctions between the social domains of democracy and management. Taking up specific court cases, such as that against Hustler magazine and that allowing prayers before state legislatures, Post shows us what is actually at stake in these constitutional struggles.

A highly complex and sophisticated account of the operation of constitutional law in modern society, Constitutional Domains is essential reading for lawyers, social theorists, and makers of public policy.



Enter the sum





Related Archive Books



Related Books


Comments

Comments for "Constitutional Domains: Democracy, Community, Management":


shumarlaw.com

©2011-2015 | DMCA | Contact us