Open Access. Powered by Scholars. Published by Universities.®
- Publication
Articles 1 - 2 of 2
Full-Text Articles in Law
Fairness And The Distribution Of Primary Goods, Nathan W. Dean
Fairness And The Distribution Of Primary Goods, Nathan W. Dean
Nathan W. Dean
I consider whether any one of the schemes of distributive justice envisioned by John Rawls, Robert Nozick, or G.A. Cohen is truly fair. By means of a close and critical reading of their work on distributive justice, I conclude that their schemes of distributive justice in some instances fail to correct for elements of unfairness and at other times introduce unfairness in the furtherance of other largely unacknowledged ends. More specifically, I (1) describe the ways in which Rawls, Nozick, and Cohen fail to show us what a fair scheme of distributive justice would look like, (2) sketch what I …
"The People" And "The People": Disaggregating Citizen Lawmaking From Popular Constitutionalism, Raphael Rajendra
"The People" And "The People": Disaggregating Citizen Lawmaking From Popular Constitutionalism, Raphael Rajendra
Raphael Rajendra
In this essay, I argue that popular constitutionalism can be understood – and the borders it shares with the wider corpus of studies on constitutional change can be demarcated – by thinking of constitutions that either "live among people" or are "entombed in glass cases." This analysis distinguishes between popular constitutionalism and a ballot initiative-oriented notion of constitutional change that I call "initiative constitutionalism." Popular constitutionalism and initiative constitutionalism advance substantially different models for tempering democracy and other fundamental values. To conflate these models – and to call the MCRI a product of popular constitutionalism when it is not – …