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xi | |
Introduction: Liberal Constitutional Democracy, its Illiberal Challengers, and the Question of Distributive Justice |
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1 | (30) |
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I Situating the Nexus between Liberal Constitutionalism and Distributive Justice in its Historical and Theoretical Context |
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4 | (15) |
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II Searching for Liberal Constitutionalism's Distributive Justice Baseline: The Journey from Rawls's "Constitutional Essentials" to the Constitution's "Justice Essentials" |
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19 | (3) |
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III Organization of the Book |
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22 | (9) |
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PART I NEW CHALLENGES AND THREATS |
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1 Disembodied Law, Reinvigorated Religion, and Tribal Politics |
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31 | (34) |
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I Imagining an Ideal of a Just Constitution and Laws for Each, All, and their Multiple Competing Ideologies |
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31 | (9) |
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II The Road to Alien and Disembodied Law |
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40 | (13) |
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(a) Transnationalization and multiplication of a plurality of legal regimes that foster layering and segmentation |
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44 | (4) |
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(b) Fragmentation and compounding complexity through administrative regulation, selection of applicable law by the economically powerful, and the move from public adjudication to private arbitration |
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48 | (2) |
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(c) Asymmetrical uses and evasions of existing legal norms to foster unprecedented relationships based on domination and control of the individual's needs and objectives |
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50 | (3) |
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III The Redeployment of Religion as a Politic Against Institutional Secularism |
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53 | (8) |
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IV From Adversary to Enemy: The Rise of Tribal Politics |
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61 | (4) |
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2 Local versus Global, Material Well-Being, States of Stress, and the Erosion of Justice |
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65 | (40) |
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65 | (2) |
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II The Justice Essentials Confront the Divide between Redistribution and Recognition |
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67 | (1) |
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III The Global Economy, Exacerbation of Economic Inequalities, and the Justice Essentials |
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68 | (7) |
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IV The Minimum of Justice and the Contrast Between First- and Second-Generation Constitutional Rights |
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75 | (12) |
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(a) Philosophy and the correlation between right and duty |
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75 | (3) |
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(b) Social and economic rights in comparative constitutional law |
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78 | (6) |
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(c) Second-generation rights versus first-generation rights and their respective policy-based and budgetary implications |
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84 | (3) |
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V Economic Globalization, Transnational Plurality of Legal Regimes, and Constitutional Redistribution under Minimum Justice |
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87 | (2) |
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VI Constitutional Democracies Confront the Stress of Global Terrorism and Worldwide Pandemics |
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89 | (16) |
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(a) Conditions of stress as halfway between ordinary times and times of crisis |
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90 | (4) |
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(b) The stress of global terrorism |
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94 | (4) |
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(c) Stress and the COVID-19 pandemic |
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98 | (7) |
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PART II REVISITING AND RECONFIGURING THE PHILOSOPHICAL GROUNDING OF LIBERAL CONSTITUTIONALISM'S IDEAL OF JUSTICE |
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3 Confronting the Gulf between Law and Solidarity: Kelsen Encounters Freud |
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105 | (24) |
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105 | (2) |
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II Kelsen's Kantian Pure Theory of Law and the Minimum of Universal Justice According to Law |
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107 | (6) |
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III Freud's Psychoanalytic Account of the Passage from Individual Singularity to Group Identity |
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113 | (9) |
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IV Kelsen's Turn to Freud to Bolster his Conception of the State as Pure Law |
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122 | (2) |
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V The Broader Implications of the Encounter between Kelsen and Freud |
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124 | (5) |
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4 Law Redux: Schmitt, CLS, and the Drift to Politics; from Posner Back to Marx and the Absorption of Law into Economics |
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129 | (31) |
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129 | (3) |
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II Schmitt's Secular Theology and its Politics of Division Rallying Friends Against Enemies |
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132 | (8) |
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III Critical Legal Studies (CLS) and Law as Indeterminate and Political All the Way Down |
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140 | (5) |
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IV Posner's Economic Framing of Law to Conform with the Ideology of Wealth Maximization |
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145 | (6) |
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V Rereading Marx on Law as a Tool in the Arsenal of a Materialist Political Economy |
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151 | (9) |
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5 Kantian Universalism Reframed for a Post-Totalitarian Age: The Legacy of Rawls, Habermas, and Dworkin |
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160 | (37) |
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160 | (1) |
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II Kant's Categorical Imperative and the Severing of Justice from the Good |
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161 | (6) |
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III Rawls' Hypothetical Social Contract, His Two Principles of Justice, and the "Constitutional Essentials" |
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167 | (7) |
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IV Habermas' Dialogical Proceduralism, the Dynamic between System and Lifeworld, and the Call for Constitutional Patriotism |
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174 | (11) |
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V Dworkin's Substantive Political Philosophy and Liberal Egalitarian Constitutional Jurisprudence: A Path to the Justice Essentials? |
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185 | (12) |
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6 Tragic Deconstruction Set Against the Impenetrable Singular and Reconstruction as Spectacle and Administration: From Derrida to Agamben |
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197 | (30) |
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197 | (2) |
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II Derrida's Deconstruction of the Nexus between Law and Justice: Confronting Irreducible Fissures in the Context of Interpretation and Ethics |
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199 | (3) |
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III The Nietzschean and Heideggerian Roots of Derrida's Radical Conception of Singularity |
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202 | (8) |
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IV Derrida's Insurmountable Gap between Law and Justice: A Pure or Merely Relative Tragedy? |
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210 | (2) |
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V Agamben's Reconstruction: Law's Split into the Glow of Divine Glory and the Minutiae of Administration |
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212 | (7) |
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VI Assessing the Coupling of Derrida's Deconstruction and Agamben's Reconstruction from the Standpoint of the Justice Essentials |
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219 | (8) |
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PART III BUILDING A COMMONLY SHARED BASIS TOWARD A PLURALIST INCLUSIVIST CONSTITUTION |
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7 The Dialectics of Comprehensive Pluralism: Approaching the Justice Essentials from the Middle |
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227 | (22) |
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227 | (2) |
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II Comprehensive Pluralism's Negative and Positive Dialectical Moments and Their Hegelian Origins |
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229 | (9) |
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III The Normative Case for Comprehensive Pluralism |
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238 | (7) |
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IV Comprehensive Pluralism's Responses to Critics |
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245 | (4) |
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8 Justice Essentials Minima and Comprehensive Pluralism's Fixed-core Minimum Set Against its Plural Maximum |
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249 | (38) |
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I The Justice Minima under Comprehensive Pluralism: Linking Justice to Identity, Autonomy, and Solidarity |
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249 | (22) |
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(a) The bare bones of pluralist justice |
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249 | (5) |
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(b) Minimal identity as mediation between inward retreat and outward lurch |
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254 | (9) |
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(c) The combined minimum of autonomy and solidarity within a just constitutional order: care and concern for insiders without demeaning the dignity of outsiders |
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263 | (8) |
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II Comprehensive Pluralism's Approach to the Justice Essentials: The Dialectic between the Fixed-core Minimum and the Plural Maximum |
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271 | (11) |
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III Challenges and Pathologies Confronting Comprehensive Pluralism's Quest to Meet the Justice Essentials |
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282 | (5) |
Conclusion: Projecting the Nexus between Liberal Constitutionalism and the Justice Essentials into Its Conceivable Futures |
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287 | (6) |
Bibliography |
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293 | (10) |
Index |
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303 | |