, Univ. of Oregon, Law
541-346-1599
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- Original Message -
From: msellers [EMAIL PROTECTED]
To: [EMAIL PROTECTED]
Sent: Sunday, July 27, 2003 8:41 PM
Subject: Re: self-rule and liberty
Defining constitutional terms can be very helpful in working out which
values
are more
Defining constitutional terms can be very helpful in working out which values
are more fundamental, and therefore underly others in constitutional
discourse. Self-rule is an important idea, that deserves careful
examination.
The preamble to the U.S. Constitution lists securing the blessings of
To say that "self-rule" potentially serves as a concept unifying individual self-rule and collective self-rule does not in any way imply that there are no differences in how these concepts work. As a unifying concept "self-rule" suggests important similarities not identities.
Different
Bobby has raised exactly the sort of question that this list exists to
discuss: What purposes does (or ought) the U.S. Constitution exist to
serve? and what vocabulary best captures those purposes?
Collective self-rule may well be useful description of what the U.S. (and
other) constitutions
The question of explaining "the sense in which overridden minorities still enjoy" freedom is endemic to any theory of democracy/republicanism/liberty or even the "absence of internal domination." Whenever less than a unanimous vote is concerned, how can the losers be described as engaging in
