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Law in the Age of Pluralism$
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Andrei Marmor

Print publication date: 2007

Print ISBN-13: 9780195338478

Published to Oxford Scholarship Online: January 2009

DOI: 10.1093/acprof:oso/9780195338478.001.0001

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Should We Value Legislative Integrity?

Should We Value Legislative Integrity?

Chapter:
(p.39) CHAPTER 2 Should We Value Legislative Integrity?
Source:
Law in the Age of Pluralism
Author(s):

Andrei Marmor (Contributor Webpage)

Publisher:
Oxford University Press
DOI:10.1093/acprof:oso/9780195338478.003.0002

This chapter challenges the widely held view that legislative integrity is a distinct political ideal. According to this ideal, lawmakers should try to make the total set of laws they enact as morally coherent as possible. There are two types of arguments advanced against this ideal. First, it is shown that the ideal of legislative integrity is directly at odds with the value of pluralism and the commitment of a liberal state to respect reasonable pluralism. Second, the chapter looks at the main causes of the failure of legislative integrity in democratic legislatures, arguing that there is nothing regrettable about these causes; on the contrary, they manifest commendable aspects of democratic lawmaking.

Keywords:   legislative integrity, pluralism, liberal state, democratic legislature, lawmaking

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