Frank I Michelman
Dados Biográficos
| ID | 1048225 |
|---|---|
| NOME | Frank I Michelman |
| PRENOMES | Frank I |
| SOBRENOME | Michelman |
| ASSINATURA | MICHELMAN F I |
| AFILIAÇÕES | Harvard University Press |
| ORCID | 0000-0001-7330-1101 |
| VERIFICADO | Sim |
| TOTAL DE OBRAS | 32 |
| TOTAL DE CITAÇÕES | 35 |
| OBRAS COMO AUTOR | 32 |
| OBRAS COMO EDITOR | 0 |
| PRIMEIRO ANO DE PUBLICAÇÃO | 1973 |
| ANO MAIS RECENTE DE PUBLICAÇÃO | 2024 |
| ÍNDICE H | 3 |
Response
This response to commentaries composing a symposium on my book ‘Constitutional Essentials: On the Constitutional Theory of Political Liberalism’ (2022) includes restatements of some major themes from the book, as prompted by thoughts from the commentators.
Political liberalism, dualist democracy and the call to constituent power
Alessandro Ferrara’s argument in Sovereignty Across Generations takes shape within a broadly Rawlsian ‘political liberal’ framework of thought about moral underpinnings for a constitutional-democratic practice of politics. Where, exactly (I ask here), is the place within that thought for concern about occurrences in a country’s past of popular constituent power? If the country’s currently established constitutional regime is fully democratic (and…
Totality, morality, and social philosophy
Morality, Identity and “Constitutional Patriotism”
In a modern, plural society, there can be no settled agreement on the concrete legal content of a country’s constitution. The idea of the constitution is nonetheless pivotal in contemporary, liberal-minded theories of political justification, such as the ones advanced by Jürgen Habermas and John Rawls. Justification in these theories depends finally on “constitutional patriotism,” a consciously shared sentiment arising from an ethical assessment …
“Constitution (Written or Unwritten)”
John Rawls proposed, as what he called “the liberal principle of legitimacy,” that coercive exercises of political power can be justified to free and equal dissenters when “in accordance with a constitution (written or unwritten) the essentials of which all citizens, as reasonable and rational, can endorse.” Does “unwritten constitution” there refer to norms of constitutional import, but that subsist only as custom, not as law? To norms that subs…
At the liberal edge in Prague
A constitutional horizon
In The Democratic Horizon: Hyperpluralism and the Renewal of Political Liberalism, Alessandro Ferrara seeks a philosophical breakthrough from what looks like it could be a pending dead-end for democracy. The best hope, Ferrara superbly maintains, lies through an extension or updating – a “renewal,” as he calls it – of lines of thought bequeathed to us, by John Rawls and others, under the name of political liberalism. Somewhere near the crux of Fe…
Citizens Divided
The Supreme Court's 5-4 decision in Citizens United v. Federal Election Commission, which struck down a federal prohibition on independent corporate campaign expenditures, is one of the most controversial opinions in recent memory. Defenders of the First Amendment greeted the ruling with enthusiasm, while advocates of electoral reform recoiled in disbelief. Robert Post offers a new constitutional theory that seeks to reconcile these sharply divid…
The Property Clause Question
The constitution, social rights, and liberal political justification
Proposals to put positive social and economic guarantees into constitutional law typically meet an objection linked to judicial review (the “institutional objection”). It seems that a related objection would hold even assuming away judicial “enforcement.” The constitutionalized rights would, after all, be no less intended to curb and constrain the choices of current majorities (the “majoritarian objection”). Constitutionalization of social rights…
Constitutional Legitimation for Political Acts
The question of legal legitimacy, liberally understood, is that of whether anyone has a morally justified complaint about impressment into compliance with a particular law or set of laws. A good constitution may possibly contribute towards a liberally legitimate practice of national politics. This essay is concerned with one way in which a constitution, no matter how excellent, cannot thus contribute. We cannot use judgments regarding constitutio…
Rawls on Constitutionalism and Constitutional Law
Constitutionalism he idea of the subjection the idea of the subjection of even the highest political authority in a country to limits and requirements having the form and force of law he idea of the subjection is a notion of normative political theory. Despite this notion's familiarity to us, theorists continue to puzzle over what, exactly, it means for it to be put into practice or how, exactly, its being put into practice may bear on the moral …
The Cambridge Companion to Rawls
Each volume of this series of companions to major philosophers contains specially commissioned essays by an international team of scholars and will serve as a reference work for students and nonspecialists. John Rawls is the most significant and influential philosopher and moral philosopher of the twentieth century. His work has profoundly shaped contemporary discussions of social, political and economic justice in philosophy, law, political scie…
American Constitutional Theory for Canadians (And the Rest of the World)
Postmodernism, Proceduralism, and Constitutional Justice
Morality, Identity and “Constitutional Patriotism”
In a modern, plural society, there can be no settled agreement on the concrete legal content of a country's constitution. The idea of the constitution is nonetheless pivotal in contemporary, liberal‐minded theories of political justification, such as the ones advanced by Jürgen Habermas and John Rawls. Justification in these theories depends finally on “constitutional patriotism,” a consciously shared sentiment arising from an ethical assessment …
Human Rights and the Limits of Constitutional Theory
The question of what is truly just in the matter of a country's currently established human‐rights interpretations appears not to be the same as the question of what it is morally right to do by way of coercively effectuating a given set of such interpretations. There are grounds for contending that acts of support for a coercive political regime can be justified morally on the condition that the regime's prevailing human‐rights interpretations a…
Brennan and Democracy
Journal Article Brennan and Democracy Get access Michelman Frank I., Brennan and DemocracyPrinceton: Princeton University Press, 1999. 148 pp. $24.95. Howard Ball Howard Ball University of Vermont Search for other works by this author on: Oxford Academic Google Scholar American Journal of Legal History, Volume 44, Issue 4, October 2000, Pages 459–461, https://doi.org/10.2307/3113806 Published: 01 October 2000
Brennan and Democracy
Frank I. Michelman, Brennan and Democracy: The 1996-97 Brennan Center Symposium Lecture, California Law Review, Vol. 86, No. 3, The Brennan Center Symposium on Constitutional Law (May, 1998), pp. 399-427
The Constitution, Social Rights and Reason
(1998). The Constitution, Social Rights and Reason: A Tribute to Etienne Mureinik. South African Journal on Human Rights: Vol. 14, No. 4, pp. 499-507
Anti-Negativity as Form
Agreeing and sympathizing as I do with what I take to be the core of Professor Abraham's argument'-that prevailingly American constitutional thought and public reason2 model their conceptions of liberty and basic too much on proprietorship and too little on citizenship3-I confine myself here to a suggestion about the framing of the argument. For the sake of human dignity, Abraham urges, it would be well for America to revise its notion of individ…
Anti-Negativity as Form
Agreeing and sympathizing as I do with what I take to be the core of Professor Abraham's argument—that prevailingly American constitutional thought and public reason model their conceptions of liberty and basic rights too much on proprietorship and too little on citizenship—I confine myself here to a suggestion about the framing of the argument
Parsing “A Right to Have Rights
Can Constitutional Democrats Be Legal Positivists? Or Why Constitutionalism
Cases and Comments
Parsing “A Right to Have Rights
Brennan and Democracy
Frank I. Michelman, Brennan and Democracy: The 1996-97 Brennan Center Symposium Lecture, California Law Review, Vol. 86, No. 3, The Brennan Center Symposium on Constitutional Law (May, 1998), pp. 399-427
Constitutional Legitimation for Political Acts
The question of legal legitimacy, liberally understood, is that of whether anyone has a morally justified complaint about impressment into compliance with a particular law or set of laws. A good constitution may possibly contribute towards a liberally legitimate practice of national politics. This essay is concerned with one way in which a constitution, no matter how excellent, cannot thus contribute. We cannot use judgments regarding constitutio…
Can Constitutional Democrats Be Legal Positivists? Or Why Constitutionalism
A constitutional horizon
In The Democratic Horizon: Hyperpluralism and the Renewal of Political Liberalism, Alessandro Ferrara seeks a philosophical breakthrough from what looks like it could be a pending dead-end for democracy. The best hope, Ferrara superbly maintains, lies through an extension or updating – a “renewal,” as he calls it – of lines of thought bequeathed to us, by John Rawls and others, under the name of political liberalism. Somewhere near the crux of Fe…
From dialogue rights to property rights
Jeremy Shearmur's consequentialist argument for universality in the distribution of individual “negative”; liberties claims that what is gained as a consequence of extending such liberties to the last hitherto excluded group is likely to outweigh what is lost by doing so. In trying to make such a claim convincing, does it help to notice that whoever is denied negative liberties is thereby impeded from contributing to social dialogue about the art…
Political liberalism, dualist democracy and the call to constituent power
Alessandro Ferrara’s argument in Sovereignty Across Generations takes shape within a broadly Rawlsian ‘political liberal’ framework of thought about moral underpinnings for a constitutional-democratic practice of politics. Where, exactly (I ask here), is the place within that thought for concern about occurrences in a country’s past of popular constituent power? If the country’s currently established constitutional regime is fully democratic (and…
Cases and Comments
Saving Old Glory
In Pursuit of Constitutional Welfare Rights
A Theory of Justice' is a remarkable book.It is learned and ambitious, deep (though multileveled), subtle (though lucid), rich and complex.It has been received with favor and fanfare by distinguished philosophical critics. 2 Its topic can hardly be disdained by devotees of the law.Some books are like cathedrals.Depth, subtlety, richness and complexity may retard comprehension however much they reward it ultimately.It is impossible to grasp and ab…
Law's Republic
Saving Old Glory
From dialogue rights to property rights
Jeremy Shearmur's consequentialist argument for universality in the distribution of individual “negative”; liberties claims that what is gained as a consequence of extending such liberties to the last hitherto excluded group is likely to outweigh what is lost by doing so. In trying to make such a claim convincing, does it help to notice that whoever is denied negative liberties is thereby impeded from contributing to social dialogue about the art…
Judge Clarence Thomas' Views on the Fundamental Right to Privacy
The Republican Revival in American Constitutional Theory
The Subject of Liberalism
Cases and Comments
Anti-Negativity as Form
Agreeing and sympathizing as I do with what I take to be the core of Professor Abraham's argument'-that prevailingly American constitutional thought and public reason2 model their conceptions of liberty and basic too much on proprietorship and too little on citizenship3-I confine myself here to a suggestion about the framing of the argument. For the sake of human dignity, Abraham urges, it would be well for America to revise its notion of individ…
Anti-Negativity as Form
Agreeing and sympathizing as I do with what I take to be the core of Professor Abraham's argument—that prevailingly American constitutional thought and public reason model their conceptions of liberty and basic rights too much on proprietorship and too little on citizenship—I confine myself here to a suggestion about the framing of the argument
Parsing “A Right to Have Rights
Can Constitutional Democrats Be Legal Positivists? Or Why Constitutionalism
Brennan and Democracy
Frank I. Michelman, Brennan and Democracy: The 1996-97 Brennan Center Symposium Lecture, California Law Review, Vol. 86, No. 3, The Brennan Center Symposium on Constitutional Law (May, 1998), pp. 399-427
The Constitution, Social Rights and Reason
(1998). The Constitution, Social Rights and Reason: A Tribute to Etienne Mureinik. South African Journal on Human Rights: Vol. 14, No. 4, pp. 499-507
Human Rights and the Limits of Constitutional Theory
The question of what is truly just in the matter of a country's currently established human‐rights interpretations appears not to be the same as the question of what it is morally right to do by way of coercively effectuating a given set of such interpretations. There are grounds for contending that acts of support for a coercive political regime can be justified morally on the condition that the regime's prevailing human‐rights interpretations a…
Brennan and Democracy
Journal Article Brennan and Democracy Get access Michelman Frank I., Brennan and DemocracyPrinceton: Princeton University Press, 1999. 148 pp. $24.95. Howard Ball Howard Ball University of Vermont Search for other works by this author on: Oxford Academic Google Scholar American Journal of Legal History, Volume 44, Issue 4, October 2000, Pages 459–461, https://doi.org/10.2307/3113806 Published: 01 October 2000
Morality, Identity and “Constitutional Patriotism”
In a modern, plural society, there can be no settled agreement on the concrete legal content of a country's constitution. The idea of the constitution is nonetheless pivotal in contemporary, liberal‐minded theories of political justification, such as the ones advanced by Jürgen Habermas and John Rawls. Justification in these theories depends finally on “constitutional patriotism,” a consciously shared sentiment arising from an ethical assessment …
Rawls on Constitutionalism and Constitutional Law
Constitutionalism he idea of the subjection the idea of the subjection of even the highest political authority in a country to limits and requirements having the form and force of law he idea of the subjection is a notion of normative political theory. Despite this notion's familiarity to us, theorists continue to puzzle over what, exactly, it means for it to be put into practice or how, exactly, its being put into practice may bear on the moral …
The Cambridge Companion to Rawls
Each volume of this series of companions to major philosophers contains specially commissioned essays by an international team of scholars and will serve as a reference work for students and nonspecialists. John Rawls is the most significant and influential philosopher and moral philosopher of the twentieth century. His work has profoundly shaped contemporary discussions of social, political and economic justice in philosophy, law, political scie…
American Constitutional Theory for Canadians (And the Rest of the World)
Postmodernism, Proceduralism, and Constitutional Justice
The constitution, social rights, and liberal political justification
Proposals to put positive social and economic guarantees into constitutional law typically meet an objection linked to judicial review (the “institutional objection”). It seems that a related objection would hold even assuming away judicial “enforcement.” The constitutionalized rights would, after all, be no less intended to curb and constrain the choices of current majorities (the “majoritarian objection”). Constitutionalization of social rights…
Constitutional Legitimation for Political Acts
The question of legal legitimacy, liberally understood, is that of whether anyone has a morally justified complaint about impressment into compliance with a particular law or set of laws. A good constitution may possibly contribute towards a liberally legitimate practice of national politics. This essay is concerned with one way in which a constitution, no matter how excellent, cannot thus contribute. We cannot use judgments regarding constitutio…
The Property Clause Question
Citizens Divided
The Supreme Court's 5-4 decision in Citizens United v. Federal Election Commission, which struck down a federal prohibition on independent corporate campaign expenditures, is one of the most controversial opinions in recent memory. Defenders of the First Amendment greeted the ruling with enthusiasm, while advocates of electoral reform recoiled in disbelief. Robert Post offers a new constitutional theory that seeks to reconcile these sharply divid…
Political science (28 obras) · Law (26 obras) · Sociology (21 obras) · Politics (19 obras) · Political Philosophy and Ethics (16 obras) · Law (15 obras) · Law and economics (13 obras) · Philosophy (13 obras) · American Constitutional Law and Politics (11 obras) · Judicial and Constitutional Studies (10 obras)