The Rule of Recognition and the U.S. Constitution
Matthew Adler and Kenneth Einar Himma
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 o ... More
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
Bibliographic Information
| Print publication date: 2009 |
Print ISBN-13: 9780195343298 |
| Published to Oxford Scholarship Online: September 2009 |
DOI:10.1093/acprof:oso/9780195343298.001.0001 |
