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Galston On Religion, Conscience, And The Case For Accommodation, Larry Alexander Oct 2014

Galston On Religion, Conscience, And The Case For Accommodation, Larry Alexander

Faculty Scholarship

No abstract provided.


Constitutional Theories: A Taxonomy And (Implicit) Critique, Larry Alexander Aug 2014

Constitutional Theories: A Taxonomy And (Implicit) Critique, Larry Alexander

San Diego Law Review

I am honored to have been invited to present this Madison Lecture, and I want to thank my hosts, Robby George and Brad Wilson, for their hospitality and for the excellence achieved by the Madison Program under their stewardship. My charge was to present something on constitutional theory. Now, as you shall see, I do work in one corner of constitutional theory, and of course I believe it is the right corner to work in and that all constitutional theorists should be working in my corner. The baleful truth, however, is that most constitutional theorists reject that claim, despite several …


The Means Principle, Larry Alexander Jan 2014

The Means Principle, Larry Alexander

Faculty Scholarship

Michael Moore believes there are deontological constraints on actors’ pursuit of good consequences. He believes these constraints are best conceived of as agent-relative prohibitions such as “you must not intentionally kill, batter, rape, steal, etc.” I, joined in recent years by Kimberly Ferzan, believe that the best interpretation of deontological constraints — the interpretation that best accounts for our intuitions about certain stock cases — is that they are constraints on the causal means by which good consequences may be achieved. We believe those constraints can be unified under a single deontological principle, what we call the “means principle.” It …