Browse / Law
Law and Disagreement 9780199243037

Law and Disagreement

ISBN-10: 0199243034
ISBN-13: 9780199243037
AUTHOR:
PUBLISHER: Oxford University Press, Incorporated
Also available at Amazon.com
Note: Not guaranteed to come with supplemental materials (access codes, CDs, DVDs)
Product Description: When people disagree about justice and about individual rights, how should political decisions be made among them? How should they decide about issues like tax policy, welfare provision, criminal procedure, discrimination law, hate speech, pornography, political dissent and the limits ofreligious toleration?The most familiar answer is that these decisions should be made democratically, by majority voting among the people or their representatives. Often, however, this answer is qualified by adding ' providing that the majority decision does not violate individual rights.'In this book Jeremy Waldron has revisited and thoroughly revised thirteen of his most recent essays. He argues that the familiar answer is correct, but that the qualification about individual rights is incoherent. If rights are the very things we disagree about, then we are quarrelling preciselyabout what that qualification should amount to. At best, what it means is that disagreements about rights should be resolved by some other procedure, for example, by majority voting, not among the people or their representatives, but among judges in a court. This proposal - although initiallyattractive - seems much less agreeable when we consider that the judges too disagree about rights, and they disagree about them along exactly the same lines as the citizens.This book offers a comprehensive critique of the idea of the judicial review of legislation. The author argues that a belief in rights is not the same as a commitment to a Bill of Rights. He shows the flaws and difficulties in many common defences of the 'democratic' character of judicial review.And he argues for an alternative approach to the problem of disagreement: when disagreements about rights arise, the respectful way to resolve them is by decision-making among the right-holders on a basis that reflects an equal respect for them as the holders of views about rights. This respect forordinary right-holders, he argues, has been sadly lacking in the theories of justice, rights, and constitutionalism put forward in recent years by philosophers such as John Rawls and Donald Dworkin.But the book is not only about judicial review. The first tranche of essays is devoted to a theory of legislation, a theory which highlights the size, the scale and the diversity of modern legislative assemblies. Although legislation is often denigrated as a source of law, Waldron seeks to restoreits tattered dignity. He deprecates the tendency to disparage legislatures and argues that such disparagement is often a way of bolstering the legitimacy of the courts, as if we had to transform our parliaments into something like the American Congress to justify importing American-style judicialreviews.Law and Disagreement redresses the balances in modern jurisprudence. It presents legislation by a representative assembly as a form of law making which is especially apt for a society whose members disagree with one another about fundamental issues of principle, for it is a form of law making thatdoes not attempt to conceal the fact that our decisions are made and claim their authority in the midst of, not in spite of, our political and moral disagreements. This timely rights-based defence of majoritarian legislation will be welcomed by scholars of legal and political philosophy throughout the world.

Additional Details


PUBLICATION DATE:
PAGES: 344
CATEGORY: Law
Star

21 Day Unconditional Guarantee

any book, any reason

Rent This Book Now:

Price guaranteed for 45:00 longer
Due May 15 $795.15
130 days (due Aug 2) $919.61
85 days (due Jun 18) $836.85
55 days (due May 19) $800.06
Select Your Own Date
--

Buy this book used:

$1011.58

List Price: $75.00
Your Savings:
Total Price:
 

REVIEWS for Law and Disagreement


Select a star rating

FAQ'S

1. How do textbook rentals work?
It’s simple. Begin by searching for your textbook by ISBN (10 or 13-digit number that can be found on the back cover of each book), title, author or keyword. Next select how long you would like to rent the book then add it to your cart. Repeat for each book you’re looking for. After completing the order we’ll ship them to you and you’ll also receive a prepaid mailer. Return your books in the mailer by your rental due date.
2. Is renting a textbook better than purchasing it?
We offer both! You can buy or rent the book through Campus Book Rentals. It’s up to you to decide which option best meets your educational needs.
3. How do I track my order?
Login to your account here, you’ll see your current rentals listed textbook rentals listed with a yellow box that says “track”. Click the box to view the tracking number. *Not all books will have a tracking number since they may be sent from one of our partners. Tracking numbers will be updated as they become available.
4. How do I return my books?
When you rent textbooks from Campus Book Rentals you’ll receive a prepaid mailer. When it’s nearing your due date you’ll place your books inside the mailer and take it to the nearest USPS drop box or Post Office. If you don’t receive a mailer you can print a return label from your account. Return shipping is prepaid so please use either of the two methods to ensure they arrive at the correct facility.
5. Can I write or highlight in my book?
Of course! Just remember that future students will rent the same book after you, so please be respectful.
6. How much money can renting my books save?
It depends on the book. Generally renting textbooks can save you up to 80% compared to a new textbook.
7. Are Campus Book Rentals’ books the same as my bookstore’s?
Yes! We only ship US edition textbooks, which are the same as your campus bookstore.
8. Do access codes or other supplements come with a textbook rental?
One time use access codes and other supplemental materials are NOT included with rental books and must be purchased separately.
9. What if I don’t return my rental?
If your book rental is not returned by the due date, your credit card will be charged a non-return fee, equal to the replacement value for the book.
10. Can I purchase my book after I rent it?
Certainty! You’re only charged the difference between what you already paid and the value of the book at the time you initially rented. Login to your account and choose to purchase your book and it’ll walk you through the checkout process.

Textbook Rentals

We know that textbook rentals are the best way currently to distribute high quality textbooks, and we want to have you on board! Join over a million students that have saved money by renting! Not only is it better for you, but when you return it that book can go on to help even more students access affordable education. We're confident we offer the best value in rentals, but if you're not a believer you can always return your book for a no questions asked refund within 21 days.

Why Choose Us?

1. Campus Book Rentals pioneered the idea of textbook rentals, making prices significantly cheaper for every student while still maintaining the highest quality. We've been at it since 2007 and the entire industry has had to adapt to keep up.

2. Though keeping prices low has always been the goal, we can boast an excellent support team that has helped thousands of students get the best value for their education. Chat with them at 855-200-0021 or use our chat box.

3. We practice what we preach. We routinely read our own textbooks to further our own education while at work. We know that only with a well-educated team of individuals can we continue to change the industry for the better.

Make A Difference

At Campus Book Rentals our company is guided by a single question, "How are we making education more affordable?" We know that getting a college education is quickly becoming a rite of passage for students and is becoming more important every year. In order to make education more attainable for the 99%, we started renting textbooks so students could avoid high purchase prices and buyback programs. We know it's a better way, and we're going to show everyone how to make a college education affordable again.