{"product_id":"democratic-law-the-berkeley-tanner-lectures-9780190084486","title":"Democratic Law (The Berkeley Tanner Lectures)","description":"\u003cp\u003eIn this book  based on her 2017 Berkeley Tanner Lectures  Seana Valentine Shiffrin offers an original  deontological account of democracy  law  and their interrelation. Her central thesis is that democracy and democratic law have intrinsically valuable  interconnected communicative functions. Democracy and democratic law together allow us to fulfill our fundamental duties to convey to each another messages of equal respect by fashioning the sorts of public joint commitments to act that a sincere message of equal respect requires. Law and democracy are essential to each other: the aspirations of democracy cannot be realized except through a legal system  and  conversely  law can fulfill its primary function only in a democratic context.  After defending these theses  Shiffrin explores two doctrinal examples to illustrate how a communicative conception of democratic law would yield concrete implications. First  articulating the special democratic character of judicially articulated common law  she resists instrumental  outcome-oriented conceptions of law and defends the essential importance of the common law duty of good faith in contracts. Second  appealing to the need for law to articulate a coherent set of moral commitments  she criticizes the U.S. Supreme Courts approach to constitutional balancing. In a set of commentaries  Niko Kolodny  Richard Brooks  and Anna Stilz offer illuminating and sometimes provocative discussion of both the philosophical and the legal aspects of Shiffrins discussion. Shiffrins responses expand upon themes concerning legal compliance  commitments  communication  dissent  political participation  and the permissible range of state interests.\u003c\/p\u003e","brand":"My Store","offers":[{"title":"Default Title","offer_id":45665863598133,"sku":"ByrdShop_0190084480","price":76.24,"currency_code":"USD","in_stock":true}],"thumbnail_url":"\/\/cdn.shopify.com\/s\/files\/1\/0627\/8139\/0901\/files\/9780190084486.jpg?v=1782411040","url":"https:\/\/atxbooks.com\/products\/democratic-law-the-berkeley-tanner-lectures-9780190084486","provider":"ATX Books","version":"1.0","type":"link"}