The Rule of Recognition and the U.S. Constitution
Adler, Matthew (Editor)
Himma, Kenneth Einar (Editor)
Print publication date: 2009
Published to Oxford Scholarship Online: September 2009 Print ISBN-13: 978-0-19-534329-8 doi:10.1093/acprof:oso/9780195343298.001.0001 |
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Abstract:
This book contains original chapters that discuss the applicability of Hart's rule of recognition model of a legal system to U.S. constitutional law. The contributors are leading scholars in analytical jurisprudence and constitutional theory, including Matthew Adler, Larry Alexander, Mitchell Berman, Michael Dorf, Kent Greenawalt, Richard Fallon, Michael Green, Kenneth Einar Himma, Stephen Perry, Frederick Schauer, Scott Shapiro, Jeremy Waldron, and Wil Waluchow. The book makes a contribution both in jurisprudence, using the U.S. as a “test case” that highlights the strengths and limitations of the rule of recognition model; and in constitutional theory, by showing how the model can illuminate topics such as the role of the Supreme Court, the constitutional status of precedent, the legitimacy of unwritten sources of constitutional law, the choice of methods for interpreting the text of the Constitution, and popular constitutionalism.
Keywords: recognition model, U.S. constitutional law, constitutional theory, Supreme Court, precedent, unwritten sources, popular constitutionalism Table of Contents
Introduction
1. The Rule of Recognition and the Constitution
2. Precedent-Based Constitutional Adjudication, Acceptance, and the Rule of Recognition
3. How the Written Constitution Crowds out the Extraconstitutional Rule of Recognition
4. Understanding the Relationship Between the U.S. Constitution and the Conventional Rule of Recognition
5. Four Concepts of Validity: Reflections on Inclusive and Exclusive Positivism
6. How to Understand the Rule of Recognition and the American Constitution
7. Rules of Recognition, Constitutional Controversies, and the Dizzying Dependence of Law on Acceptance
8. Social Facts, Constitutional Interpretation, and the Rule of Recognition*
9. What Is the Rule of Recognition (And Does It Exist)?
10. Constitutional Theory and the Rule of Recognition
11. Where Have All the Powers Gone?
12. Who Needs Rules of Recognition?
13. Kelsen, Quietism, and the Rule of Recognition
Index
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