This collection assembles twelve contributions discussing Rainer Forst's political and social philosophy. Forst's work is addressed from the perspective of how it can contribute to tackling some core questions of the philosophy of law and legal theory ... In particular, the volume asks how Forst's comprehensive theory of justice can shed light on the nature and value of constitutional law and the rights that are protected therein.
Esther Neuhann, University of Hamburg, Jurisprudence
Constitutionalism Justified analyzes leading Frankfurt School theorist Rainer Forst's theory of a basic right to justification, unique in combining insights from philosophy, constitutionalism, and legal theory. Drawing upon Kant's critical philosophy and Habermas's discourse theory, he has developed fresh perspectives on core topics like the concept of justice, the relation between modernity and emancipation, and human rights. The contributors to this volume explore Forst's work from three different perspectives: philosophy, legal philosophy, and constitutional theory.
The first part of this volume addresses the philosophical argument of the basic right to justification, including the influence of Kantian thought on this right, the deontological versus teleological fundamentals, the tension between moral pluralism and universalism, and the relation of the right to justification with social and distributive justice. The second part covers how the right to justification is embedded in constitutional and legal frameworks. It explores the implications that Forst's right to justification has for conceptualizing constitutional democracy and its foundations, and how the moral right to justification may translate into particular practices of justification that are constrained by a legal framework. This includes discussion of the value of constitutionalism in general, of the relation between the formal structure of democracy and substantive justice, of the inclusion of outsiders to the constitutional setting, and of proportionality analysis and judicial review as forms of justification. The book concludes with Rainer Forst's reply to his interlocutors, making the book a valuable source for future research.
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Introduction
By Ester Herlin-Karnell and Matthias Klatt
Part One | The Right to Justification
1. The Innate Right of Humanity and the Right to Justification
By Arthur Ripstein
2. Engaging with Forst's "Right to Justification": Kantian Analogies and the Problem of Subjectivity
By Claudio Corradetti
3. Human Rights, Interests, and Variation
By Andrea Sangiovanni
4. Distributions, Relations, and Justifications: Mixing Flavors of Egalitarianism
By Christian Hiebaum
5. Practical Justice
By Bernhard Schlink
6. Noumenal Power, Reasons, and Justification: A Critique of Forst
By Enzo Rossi and Sameer Bajaj
7. The Limits of Justification: Critique Disclosure, and Reflexivity
By Lois McNay
Part Two | Constitutional Theory
8. Proportionality and Justification
By Matthias Klatt
9. Republicanising Rights? Proportionality, Justification, and Non-domination
By Eoin Daly
10. Constitutionalism and Justice
By Alon Harel
11. Democracy as Good in Itself: Three Kinds of Noninstrumental Justification
By Christian F. Rostbøll
12. The Concept of Non-domination and the Right to Justification in EU Security-Related Texts
By Ester Herlin-Karnell
Part Three | Responses
13. The Constitution of Justification: Replies and Comments
By Rainer Forst
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"This collection assembles twelve contributions discussing Rainer Forst's political and social philosophy. Forst's work is addressed from the perspective of how it can contribute to tackling some core questions of the philosophy of law and legal theory ... In particular, the volume asks how Forst's comprehensive theory of justice can shed light on the nature and value of constitutional law and the rights that are protected therein." -- Esther Neuhann,
University of Hamburg, Jurisprudence
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Selling point: Explores Rainer Forst's right to justification through a constitutional theory lens
Selling point: Forst provides a detailed response to his interlocutors
Selling point: Combines perspectives from practical, legal, and political philosophy
Selling point: An in-depth discussion of the latest developments in discursive constitutionalism
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Ester Herlin-Karnell is Professor and University Research Chair of EU Constitutional Law and Justice at VU University of Amsterdam
Matthias Klatt holds the Chair of Jurisprudence at the University of Graz
Héctor A. Morales Zúñiga is a University Assistant the University of Graz
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Selling point: Explores Rainer Forst's right to justification through a constitutional theory lens
Selling point: Forst provides a detailed response to his interlocutors
Selling point: Combines perspectives from practical, legal, and political philosophy
Selling point: An in-depth discussion of the latest developments in discursive constitutionalism
Les mer
Produktdetaljer
ISBN
9780190889050
Publisert
2019
Utgiver
Oxford University Press Inc
Vekt
680 gr
Høyde
165 mm
Bredde
236 mm
Dybde
33 mm
Aldersnivå
P, 06
Språk
Product language
Engelsk
Format
Product format
Innbundet
Antall sider
384