Against Obligation : The Multiple Sources of Authority in a Liberal Democracy / Abner S. Greene.
Greene, Abner S., author.
2012
K240 .G74 2012eb
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Title Against Obligation : The Multiple Sources of Authority in a Liberal Democracy / Abner S. Greene.
Author Greene, Abner S., author.
ISBN 9780674065178
DOI https://doi.org/10.4159/harvard.9780674065178
Published Cambridge, MA : Harvard University Press, [2012]
Copyright ©2012
Language English
Language Note In English.
Description 1 online resource (352 p.)
Other Standard Identifiers 10.4159/harvard.9780674065178 doi
Call Number K240 .G74 2012eb
Dewey Decimal Classification 340 .112
Summary Do citizens of a nation such as the United States have a moral duty to obey the law? Do officials, when interpreting the Constitution, have an obligation to follow what that text meant when ratified? To follow precedent? To follow what the Supreme Court today says the Constitution means?These are questions of political obligation (for citizens) and interpretive obligation (for anyone interpreting the Constitution, often officials). Abner Greene argues that such obligations do not exist. Although citizens should obey some laws entirely, and other laws in some instances, no one has put forth a successful argument that citizens should obey all laws all the time. Greene's case is not only "against" obligation. It is also "for" an approach he calls "permeable sovereignty": all of our norms are on equal footing with the state's laws. Accordingly, the state should accommodate religious, philosophical, family, or tribal norms whenever possible.Greene shows that questions of interpretive obligation share many qualities with those of political obligation. In rejecting the view that constitutional interpreters must follow either prior or higher sources of constitutional meaning, Greene confronts and turns aside arguments similar to those offered for a moral duty of citizens to obey the law.
Access Note Access limited to authorized users.
System Details Note Mode of access: Internet via World Wide Web.
Digital File Characteristics text file PDF
Source of Description Description based on online resource; title from PDF title page (publisher's Web site, viewed 30. Aug 2021)
In E-BOOK GESAMTPAKET / COMPLETE PACKAGE 2012
E-BOOK PACKAGE LAW 2012
E-BOOK PAKET RECHTSWISSENSCHAFTEN 2012
HUP eBook-Package Backlist 2000-2013 (Canada)
Harvard University Press eBook Package Backlist 2000-2013
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Frontmatter
CONTENTS
INTRODUCTION
1. AGAINST POLITICAL OBLIGATION
2. ACCOMMODATING OUR PLURAL OBLIGATIONS
3. AGAINST INTERPRETIVE OBLIGATION TO THE PAST
4. AGAINST INTERPRETIVE OBLIGATION TO THE SUPREME COURT
CONCLUSION
NOTES
BIBLIOGRAPHY
ACKNOWLEDGMENTS
INDEX

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