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A Matter of Dispute
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A Matter of Dispute: Morality, Democracy, and Law

Christopher J. Peters

Abstract

Law often purports to require people, including government officials, to act in ways they think are morally wrong or harmful. What is it about law that can justify such a claim? This book offers an answer to this problem of law's authority, one that illuminates the unique appeal of democratic government, the peculiar structure of adversary adjudication, and the contested legitimacy of constitutional judicial review. The book contends that law should be viewed primarily as a device for avoiding or resolving disputes, a function that implies certain core properties of authoritative legal procedu ... More

Keywords: legal authority, democratic legitimacy, adversary adjudication, dispute resolution, constitutionalism, constitutional law, judicial review, countermajoritarian difficulty

Bibliographic Information

Print publication date: 2011 Print ISBN-13: 9780195387223
Published to Oxford Scholarship Online: May 2011 DOI:10.1093/acprof:oso/9780195387223.001.0001

Authors

Affiliations are at time of print publication.

Christopher J. Peters, author
University of Baltimore School of Law
Author Webpage