A Matter of Dispute: Morality, Democracy, and Law

Hardcover | February 2, 2011

byChristopher J. Peters

not yet rated|write a review
Law often purports to require people, including government officials, to act in ways they think are morally wrong or harmful. What is it about law that can justify such a claim?In A Matter of Dispute: Morality, Democracy, and Law, Christopher J. Peters offers an answer to this question, one that illuminates the unique appeal of democratic government, the peculiar structure of adversary adjudication, and the contested legitimacy of constitutional judicial review. Peterscontends that law should be viewed primarily as a device for avoiding or resolving disputes, a function that implies certain core properties of authoritative legal procedures. Those properties - competence and impartiality - give democracy its advantage over other forms of government. They alsounderwrite the adversary nature of common-law adjudication and the duties and constraints of democratic judges. And they ground a defense of constitutionalism and judicial review against persistent objections that those practices are "counter-majoritarian" and thus nondemocratic.This work canvasses fundamental problems within the diverse disciplines of legal philosophy, democratic theory, philosophy of adjudication, and public-law theory and suggests a unified approach to unraveling them. It also addresses practical questions of law and government in a way that shouldappeal to anyone interested in the complex and often troubled relationship among morality, democracy, and the rule of law.Written for specialists and non-specialists alike, A Matter of Dispute explains why each of us individually, and all of us collectively, have reason to obey the law - why democracy truly is a system of government under law.

Pricing and Purchase Info

$71.52 online
$114.00 list price (save 37%)
Ships within 1-3 weeks
Ships free on orders over $25

From the Publisher

Law often purports to require people, including government officials, to act in ways they think are morally wrong or harmful. What is it about law that can justify such a claim?In A Matter of Dispute: Morality, Democracy, and Law, Christopher J. Peters offers an answer to this question, one that illuminates the unique appeal of democr...

Christopher J. Peters is a Professor of Law at the University of Baltimore where he teaches constitutional law, constitutional theory, and civil procedure. He also has taught at the law schools of the University of Chicago, Loyola Marymount University, the University of Michigan, the University of Toledo, and Wayne State University. ...

other books by Christopher J. Peters

Shaping Shakespeare for Performance: The Bear Stage
Shaping Shakespeare for Performance: The Bear Stage

Kobo ebook|Oct 29 2015

$84.69 online$109.99list price(save 23%)
Chefsache Betriebskita: Betriebskindertagesstätten als unternehmerischer Erfolgsfaktor
Chefsache Betriebskita: Betriebskindertagesstätten als ...

Kobo ebook|Oct 22 2014

$14.19 online$18.43list price(save 23%)
see all books by Christopher J. Peters
Format:HardcoverDimensions:378 pages, 6.5 × 9.29 × 1.1 inPublished:February 2, 2011Publisher:Oxford University PressLanguage:English

The following ISBNs are associated with this title:

ISBN - 10:0195387228

ISBN - 13:9780195387223

Look for similar items by category:

Customer Reviews of A Matter of Dispute: Morality, Democracy, and Law

Reviews

Extra Content

Table of Contents

Prologue: The Price of Law1. Introduction: A Government of Laws2. The Problem of Law's Authority3. A Simple Model of Dispute Resolution4. Disputes, Legal Rules, and Democracy5. Democratic Adjudication6. The Forms and Limits of Democratic Adjudication7. Democracy vs. Law?8. Constitutional ProcessEpilogue: The Limits of Law