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Constitutional Domains : Democracy, Community, Management by ROBERT C.POST, Post, Robert C., Robert C. Post is a book available to read on EtoBox.

What is Constitutional Domains : Democracy, Community, Management about?

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; 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 In a series of remarkable forays, Post develops an original account of how law functions in a democratic society. He draws on work in sociology, philosophy, and political theory, to offer a radically new perspective on some of the most pressing constitutional issues o

Author

ROBERT C.POST, Post, Robert C., Robert C. Post

Publisher

Harvard University, Department of Sanskrit & Indian Studies

Published

1995

Language

EN

ISBN

9780674276994

Subjects

Law