Freedom and time : a theory of constitutional self-government / Jed Rubenfeld.
Material type: TextPublisher: New Haven : Yale University Press, [2001]Copyright date: ©2001Description: 266 pages ; 24 cmContent type:- text
- unmediated
- volume
- 0300080484
- 9780300080483
- 320.011
- JC585. R82 2001
Item type | Current library | Call number | Copy number | Status | Date due | Barcode | |
---|---|---|---|---|---|---|---|
Book | City Campus City Campus Main Collection | 320.011 RUB (Browse shelf(Opens below)) | 1 | Available | A409479B |
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320.011 RAW A theory of justice / | 320.011 REA Reading Rawls : critical studies on Rawls' A theory of justice / | 320.011 RIG Justice and reconciliation : after the violence / | 320.011 RUB Freedom and time : a theory of constitutional self-government / | 320.011 RUS Principles of social reconstruction / | 320.011 RUS Power : a new social analysis / | 320.011 SAD Equality and legitimacy / |
Includes bibliographical references and index.
Pt. I. Living in the Present. 1. The Moment and the Millennium. 2. The Age of the New. 3. Constitutional Self-Government on the Model of Speech. 4. The Antinomies of Speech-Modeled Self-Government -- Pt. II. Being Over Time. 5. Commitment. 6. Reason Over Time. 7. Being Over Time. 8. Popularity -- Pt. III. Constitutionalism as Democracy. 9. Constitutionalism as Democracy. 10. Reading the Constitution as Written: Paradigm Case Interpretation. 11. Sex Discrimination and Race Preferences. 12. The Right of Privacy.
"Should we try to "live in the present"? Such is the imperative of modernity Jed Rubenfeld writes in this important and original work of political theory. Since Jefferson proclaimed that "the earth belongs to the living" - since Freud announced that mental health requires people to "get free of their past" - since Nietzsche declared that the happy man is the man who "leaps" into "the moment" - modernity has directed its inhabitants to live in the present, as if there alone could they find happiness, authenticity, and above all freedom." "But this imperative, Rubenfeld argues, rests on a profoundly inadequate, deforming picture of the relationship between freedom and time. Instead, Rubenfeld suggests, human freedom - human being itself - necessarily extends into both past and future; self-government consists of giving our lives meaning and purpose over time. From this conception of self-government, Rubenfeld derives a new theory of constitutional law's place in democracy. Democracy, he writes, is not a matter of governance by the present "will of the people"; it is a matter of a nation's laying down and living up to enduring political and legal commitments. Constitutionalism is not counter to democracy, as many believe, or a precondition of democracy; it is or should be democracy itself - over time. On this basis, Rubenfeld offers a new understanding of constitutional interpretation and of the fundamental right of privacy."--BOOK JACKET.
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