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Libertarianism without Inequality$
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Michael Otsuka

Print publication date: 2003

Print ISBN-13: 9780199243952

Published to Oxford Scholarship Online: November 2003

DOI: 10.1093/0199243956.001.0001

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The Problem of Intergenerational Sovereignty

The Problem of Intergenerational Sovereignty

Chapter:
(p.132) Chapter 7 The Problem of Intergenerational Sovereignty
Source:
Libertarianism without Inequality
Author(s):

Michael Otsuka (Contributor Webpage)

Publisher:
Oxford University Press
DOI:10.1093/0199243956.003.0008

Considers the merits of the Locke‐inspired Jeffersonian idea that laws enacted by those who once lived in one's country but are now dead have no authority over the living and hence should lapse unless they are reaffirmed by a democratic majority vote of the living. Considers and rejects consequentialist, communitarian, and Madisonian attempts to justify the authority of the dead over the living. Draws on Ch. 5 to propose and endorse an account based on unanimous Lockean consent of how the laws of the dead can legitimately bind the living.

Keywords:   authority of dead over living, communitarianism, democracy, intergenerational sovereignty, Thomas Jefferson, James Madison, majority rule, unanimous consent

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