By (author) Alan Brudner
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Constitutional Goods by Alan Brudner
Book DescriptionThis book aims to distil the essentials of liberal constitutionalism from the jurisprudence and practice of contemporary liberal-democratic states. Most constitutional theorists have despaired of a liberal consensus on the fundamental goals of constitutional order. Instead they have contented themselves either with agreement on lower-level principles on which those who disagree on fundamentals may coincidentally converge, or, alternatively with a process for translating fundamental disgreement into acceptable laws. Alan Brudner suggests a conception of fundamental justice that liberals of competing philosophic schools may accept as fulfilling their own basic commitments. He argues that the model liberal-democratic constitution is best understood as a unity of three constitutional frameworks: libertarian, egalitarian, and communitarian. Each of these has a particular conception of public reason. Brudner criticizes each of these frameworks insofar as its organizing conception claims to be fundamental, and moves forward to suggest an Hegelian conception of public reason within which each framework is contained as a constituent element of a whole. When viewed in this light, the liberal constitution embodies a surprising synthesis. It reconciles a commitment to individual liberty and freedom of conscience with the perfectionist idea that the state ought to cultivate a type of personality whose fundamental ends are the goods essential to dignity. Such a reconciliation, the author suggests, may attract competing liberalisms to a consensus on an inclusive conception of public reason under which political authority is validated for those who share a confidence in the individual's inviolable worth.
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Book DetailsISBN: 9780199225798
(234mm x 156mm x 25mm)
Imprint: Oxford University Press
Publisher: Oxford University Press
Publish Date: 29-Mar-2007
Country of Publication: United Kingdom
Books By Author Alan Brudner
Unity of the Common Law, Hardback (October 2013)
A fully revised edition of Brudner's classic account of the foundational structures and rationale of private law. Brudner proposes a radical unification of formalist and functionalist understandings of the law. In doing so, he rethinks the foundations of tort, contract, property and unjust enrichment as a unity of private and public law.
Punishment and Freedom, Paperback (February 2012)
The book provides a novel theory of the criminal law that focuses, not on when it is appropriate to blame and make suffer an individual character, but on when it is legitimate to deprive a free agent of its liberty and on how it is possible to reconcile punishment with individual freedom.
Constitutional Goods, Hardback (September 2004)» View all books by Alan Brudner
Aims to distil the essentials of liberal constitutionalism from the jurisprudence and practice of contemporary liberal-democratic states. This book argues that the model liberal-democratic constitution is best understood as a unity of three constitutional frameworks: libertarian, egalitarian, and communitarian.
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Author Biography - Alan Brudner
Alan Brudner is Albert Abel Professor of Law at the University of Toronto.
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