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  E-mail Message: I thought you might be interested in this item at http://www.worldcat.org/oclc/40567345 Title: Law and disagreement Author: Jeremy Waldron Publisher: Oxford : New York : Clarendon Press ; Oxford University Press, [1999] ©1999 ISBN/ISSN: 0198262132 9780198262138 0199243034 9780199243037 OCLC:40567345

  
  

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Law and disagreement

Author:	Jeremy Waldron
Publisher:	Oxford : Clarendon Press ; New York : Oxford University Press, [1999] ©1999
Edition/Format:	Print book : EnglishView all editions and formats
Summary:	When people disagree about justice and about individual rights, how should political decisions be made among them? How should they decide about issues such as affirmative action, criminal procedure, discrimination law, hate speech, pornography, political dissent, and the limits of religious toleration? The most familiar answer is that these decisions should be made democratically, by majority voting among the people or their representatives. Often, however, this answer is qualified by adding 'providing that the majority decision does not violate individual rights.'. In this book Jeremy Waldron has revisited and thoroughly revised thirteen of his most recent essays. He argues that the familiar answer is correct, but that the qualification about individual rights is incoherent. At best, what it means is that disagreements about rights should be resolved by some other procedure, for example, by majority voting, not among the people or their representatives, but among judges in a court. This book offers a comprehensive critique of the idea of the judicial review of legislation. The author argues that a belief in rights is not the same as a commitment to a Bill of Rights. He shows the flaws and difficulties in many common defences of the 'democratic' character of judicial review. And he argues for an alternative approach to the problem of disagreement: when disagreements about rights arise, the respectful way to resolve them is by decision-making among the right-holders on a basis that reflects an equal respect for them as the holders of views about rights. This rights-based defence of majoritarian legislation will be welcomed by scholars of legal and political philosophy throughout the world.  Read more...
Subjects	Law -- Philosophy. Legislation. Droit -- Philosophie. View all subjects
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