Democratic Law

Seana Valentine Shiffrin argues that democracy and democratic law have valuable, interconnected communicative functions. She explores two doctrinal examples to illustrate how a communicative conception of democratic law would yield concrete implications, such as articulating the special democratic character of judicially articulated common law and criticizing the U.S. Supreme Court's approach to constitutional balancing. Niko Kolodny, Richard Brooks, and Anna Stilz offer commentaries on the philosophical and legal aspects of Shiffrin's discussion.

Format: Hardback
Length: 248 pages
Publication date: 08 November 2021
Publisher: Oxford University Press Inc

In her book, titled "Democracy, Law, and Their Interrelation," Seana Valentine Shiffrin delves into an original and deontological account of democracy, law, and their intricate relationship. Her central thesis revolves around the notion that democracy and democratic law possess intrinsic value and are interconnected through communicative functions. Shiffrin argues that democracy and democratic law enable us to fulfill our fundamental duties to convey messages of equal respect to one another. By creating public joint commitments to act that align with sincere messages of equal respect, we can establish a framework for meaningful communication and cooperation.

Law and democracy are mutually reinforcing, as the aspirations of democracy cannot be realized without a robust legal system. Conversely, law can only fulfill its primary function within a democratic context. Shiffrin substantiates her theses by presenting two doctrinal examples. Firstly, she emphasizes the democratic character of judicially articulated common law, resisting instrumental and outcome-oriented conceptions of law. She advocates for the preservation of the common law duty of good faith in contracts, recognizing its essential role in fostering trust and fairness.

Secondly, Shiffrin critiques the approach of the U.S. Supreme Court to constitutional balancing. She argues that law must articulate a coherent set of moral commitments to guide societal behavior. By appealing to this need, Shiffrin challenges the Court's tendency to prioritize individual rights over collective interests. In a series of commentaries, Niko Kolodny, Richard Brooks, and Anna Stilz contribute insightful and thought-provoking discussions on both the philosophical and legal dimensions of Shiffrin's discussion. Shiffrin's responses further expand upon themes such as legal compliance, commitments, communication, dissent, political participation, and the permissible range of state interests.

Through her comprehensive analysis, Shiffrin offers a fresh perspective on democracy, law, and their interdependence. Her book contributes to the ongoing debate about the role of law in shaping democratic societies and the importance of preserving democratic values. It serves as a valuable resource for scholars, policymakers, and individuals interested in understanding the complex dynamics between law, democracy, and social justice.

Weight: 386g
Dimension: 227 x 167 x 27 (mm)
ISBN-13: 9780190084486