Andrew Koppelman
Biographic Data
| ID | 2538964 |
|---|---|
| NAME | Andrew Koppelman |
| GIVEN NAMES | Andrew |
| FAMILY NAME | Koppelman |
| SIGNATURE | KOPPELMAN A |
| AFFILIATIONS | Northwestern University |
| ORCID | 0009-0008-3023-6205 |
| VERIFIED | Yes |
| TOTAL WORKS | 10 |
| TOTAL CITATIONS | 22 |
| AUTHOR COUNT | 10 |
| EDITOR COUNT | 0 |
| FIRST PUBLICATION YEAR | 1997 |
| LATEST PUBLICATION YEAR | 2024 |
| H-INDEX | 3 |
The fluidity of political legitimacy
What can constitutional law contribute to the justification of political power? Quite a lot, Frank Michelman argues in Constitutional Essentials. It can establish a publicly known framework for addressing the deep disagreements that are inevitable in any free society. Michelman’s analysis has powerful attractions, but he overclaims the clarity with which rights can be defended within the Rawlsian framework he contemplates. The interests that cour…
Madison’s Non Sequitur
Why Rawls Can't Support Liberal Neutrality
Some arguments against the law’s special treatment of religion are adapted from Rawls. These overlook the ways in which the abstract rights agreed to in the original position are given specific institutional form at the constitutional stage. Because the rights established in the original position are vaguely specified, liberty of conscience can’t be implemented without reliance on contestable values such as religion. Public reason, when refracted…
Human Rights as Social Construction
Passive Aggressive
Antonin Scalia’s coauthored treatise on legal interpretation is also a melodrama, with sharply drawn good guys and bad guys. The hero is the Faithful and Impartial Judge, the servant of Democracy. The argument is weak and inconsistent with Scalia’s actual practice as a judge. The book nonetheless nicely accomplishes what it is trying to do. Scalia is one of the authors, to be sure, but he is also the protagonist of a narrative. The author’s preem…
The Limits of Constructivism
Constructivist political theory, championed most prominently by John Rawls, builds up a conception of justice from the minimal requirements of political life. It has two powerful attractions. It promises a kind of civic unity in the face of irresolvable differences about the good life. It also offers a foundation for human rights that is secure in the face of those same differences. The very parsimony that is its strength, however, deprives it of…
Same Sex, Different States
Miscegenation in the Conflict of Laws
This chapter describes legal precedents from the controversy over interracial marriage. It covers polygamy cases; the functions of the miscegenation taboo; and three classes of choice of law problems involving interracial marriages: evasion cases, extraterritorial cases, and migratory cases.
The Fluidity of Neutrality
The political ideal of neutrality toward conceptions of the good is unsustainable at the extremely abstract level proposed by some liberal theorists. Neutrality is nonetheless a valuable political ideal. One of the many ways that government can go wrong is to take a position on some question that it would, all things considered, be better for it to abstain from deciding. The classic example is the question of which (if any) religion is true. The …
Three Arguments for Gay Rights
Human Rights as Social Construction
The Fluidity of Neutrality
The political ideal of neutrality toward conceptions of the good is unsustainable at the extremely abstract level proposed by some liberal theorists. Neutrality is nonetheless a valuable political ideal. One of the many ways that government can go wrong is to take a position on some question that it would, all things considered, be better for it to abstain from deciding. The classic example is the question of which (if any) religion is true. The …
The Limits of Constructivism
Constructivist political theory, championed most prominently by John Rawls, builds up a conception of justice from the minimal requirements of political life. It has two powerful attractions. It promises a kind of civic unity in the face of irresolvable differences about the good life. It also offers a foundation for human rights that is secure in the face of those same differences. The very parsimony that is its strength, however, deprives it of…
The fluidity of political legitimacy
What can constitutional law contribute to the justification of political power? Quite a lot, Frank Michelman argues in Constitutional Essentials. It can establish a publicly known framework for addressing the deep disagreements that are inevitable in any free society. Michelman’s analysis has powerful attractions, but he overclaims the clarity with which rights can be defended within the Rawlsian framework he contemplates. The interests that cour…
Madison’s Non Sequitur
Why Rawls Can't Support Liberal Neutrality
Some arguments against the law’s special treatment of religion are adapted from Rawls. These overlook the ways in which the abstract rights agreed to in the original position are given specific institutional form at the constitutional stage. Because the rights established in the original position are vaguely specified, liberty of conscience can’t be implemented without reliance on contestable values such as religion. Public reason, when refracted…
Three Arguments for Gay Rights
The Fluidity of Neutrality
The political ideal of neutrality toward conceptions of the good is unsustainable at the extremely abstract level proposed by some liberal theorists. Neutrality is nonetheless a valuable political ideal. One of the many ways that government can go wrong is to take a position on some question that it would, all things considered, be better for it to abstain from deciding. The classic example is the question of which (if any) religion is true. The …
Same Sex, Different States
Miscegenation in the Conflict of Laws
This chapter describes legal precedents from the controversy over interracial marriage. It covers polygamy cases; the functions of the miscegenation taboo; and three classes of choice of law problems involving interracial marriages: evasion cases, extraterritorial cases, and migratory cases.
The Limits of Constructivism
Constructivist political theory, championed most prominently by John Rawls, builds up a conception of justice from the minimal requirements of political life. It has two powerful attractions. It promises a kind of civic unity in the face of irresolvable differences about the good life. It also offers a foundation for human rights that is secure in the face of those same differences. The very parsimony that is its strength, however, deprives it of…
Human Rights as Social Construction
Passive Aggressive
Antonin Scalia’s coauthored treatise on legal interpretation is also a melodrama, with sharply drawn good guys and bad guys. The hero is the Faithful and Impartial Judge, the servant of Democracy. The argument is weak and inconsistent with Scalia’s actual practice as a judge. The book nonetheless nicely accomplishes what it is trying to do. Scalia is one of the authors, to be sure, but he is also the protagonist of a narrative. The author’s preem…
Why Rawls Can't Support Liberal Neutrality
Some arguments against the law’s special treatment of religion are adapted from Rawls. These overlook the ways in which the abstract rights agreed to in the original position are given specific institutional form at the constitutional stage. Because the rights established in the original position are vaguely specified, liberty of conscience can’t be implemented without reliance on contestable values such as religion. Public reason, when refracted…
Madison’s Non Sequitur
The fluidity of political legitimacy
What can constitutional law contribute to the justification of political power? Quite a lot, Frank Michelman argues in Constitutional Essentials. It can establish a publicly known framework for addressing the deep disagreements that are inevitable in any free society. Michelman’s analysis has powerful attractions, but he overclaims the clarity with which rights can be defended within the Rawlsian framework he contemplates. The interests that cour…
Law (9 works) · Political science (9 works) · Law (7 works) · Politics (7 works) · Sociology (7 works) · Law and economics (4 works) · Philosophy (4 works) · Philosophy (4 works) · Political Philosophy and Ethics (4 works) · American Constitutional Law and Politics (3 works)