Document Type
Article
Publication Date
2015
ISSN
1743-9752
Language
en-US
Abstract
In Democratic Rights: The Substance of Self-Government, Corey Brettschneider develops an attractive and powerful conception of self-government - the value theory of democracy - that encompasses both substantive rights like privacy and procedural rights. Although he argues, following Habermas and Rawls, that substantive rights and procedural rights are "co-original," the structure of his theory may lead him to reduce the former into the latter and not fully to account for personal self-government in his conception of democratic self-government. The wages of his democratic justifications for substantive rights may be a surprising anxiety or unwarranted tension concerning judicial review protecting such rights.
Recommended Citation
James E. Fleming,
The Substance of Self-Government
,
in
11
Law, Culture, and the Humanities
184
(2015).
Available at:
https://scholarship.law.bu.edu/faculty_scholarship/2875
