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The Persistence Of Power And The Struggle For Dialogic Standards In Postmodern Constitutional Jurisprudence: Michelman, Habermas, And Civic Republicanism, Stephen M. Feldman

Stephen M. Feldman

Since the 1950s, most constitutional scholars have presumed that the American political system is pluralistic, with autonomous individuals struggling in the legislative arena to maximize the satisfaction of their preexisting private interests. The "new republicans" reject these presumptions and insist that constitutional jurisprudence must recognize the potential for virtuous citizens to engage in a political dialogue that generates public values and identifies a common good. Frank I. Michelman has pioneered this revival by confronting one of the most troubling and persistent difficulties of civic republican thought: the likelihood that the political dialogue will be closed to segments of the community …