Format:
Online-Ressource (270 p)
ISBN:
9780300080483
Content:
Intro -- Contents -- Part I: Living in the Present -- 1. The Moment and the Millenium -- 2. The Age of the New -- 3. Constitutional Self-Government on the Model of Speech -- 4. The Antinomies of Speech-Modeled Self-Government -- Part II: Being Over Time -- 5. Commitment -- 6. Reason Over Time -- 7. Being Over Time -- 8. Popularity -- Part III: Constitutionalism as Democracy -- 9. Constitutionalism as Democracy -- 10. Reading the Constitution as Written: Paradigm Case Interpretation -- 11. Sex Discrimination and Race Preferences -- 12. The Right of Privacy -- Index.
Content:
Should we try to live in the present? Such is the imperative of modernity, Jed Rubenfeld writes in this important and original work of political theory. Since Jefferson proclaimed that 'the earth belongs to the living', since Freud announced that mental health requires people to 'get free of their past', since Nietzsche declared that the happy man is the man who 'leaps into the moment', modernity has directed its inhabitants to live in the present, as if there alone could they find happiness, authenticity, and above all freedom. But this imperative, Rubenfeld argues, rests on a profoundly inadequate, deforming picture of the relationship between freedom and time. Instead, Rubenfeld suggests, human freedom, indeed human being itself, necessarily extends into both past and future; self-government consists of giving our lives meaning and purpose over time. From this conception of self-government, Rubenfeld derives a new theory of constitutional law's place in democracy. Democracy, he writes, is not a matter of governance by the present 'will of the people'; it is a matter of a nation's laying down and living up to enduring political and legal commitments. Constitutionalism is not counter to democracy, as many believe, or a pre-condition of democracy; it is or should be democracy itself over time. On this basis, Rubenfeld offers a new understanding of constitutional interpretation and of the fundamental right of privacy
Note:
Description based upon print version of record
,
pt. 1. Living in the presentpt. 2. Being over time -- pt. 3. Constitutionalism as democracy.
,
pt. 1. Living in the presentpt. 2. Being over time -- pt. 3. Constitutionalism as democracy.
Additional Edition:
ISBN 9780300129427
Additional Edition:
ISBN 9780300080483
Additional Edition:
Print version Freedom and Time : A Theory of Constitutional Self-Government
Language:
English
Keywords:
Electronic books
URL:
Volltext
(lizenzpflichtig)
