Dreaming the rule of law

Dyzenhaus, David; Poole, Thomas

doi:10.1017/cbo9781316144930.010

Cited by 5 publications

(1 citation statement)

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“…That the object of constitutional deliberation is akin to interpreting one text is the obverse of the fact that jural community involves subjection to one body of law as opposed to many individual laws. The main virtue of this arrangement, from the perspective of those subject to it, is that only under such a structure is it possible to conceive of the judgements that emanate from the public authority as addressing each associate in the same way and with the same voice (Dyzenhaus 2017). There may be a connection here with our earlier analysis of moral personhood, which revealed an iterative process of internal abstraction and reflection important not just for the purpose of moral self-evaluation but also for the construction of our sense of self.…”

Section: The Character Of a Jural Community: E Pluribus Unummentioning

confidence: 99%

Time and Timelessness in Constitutional Thought

Poole

2020

Res Publica

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This paper considers the character of moral peoplehood, our life as a people, and the rules and principles through which that life is expressed. In so far as those rules and principles take legal form, as determining the ground rules of association and denoting political rights and duties, this moral community is also a jural community. The paper engages with Bernard Williams's thought with a view to resolving the tension between two conceptions of the constitution that differ in their account of the relationship between norms and time. Williams offers the prospect of a non-Kantian liberalism that grows out of the habits and minds of persons but which does not collapse into relativism. I argue that Williams's account of moral personhood devotes insufficient attention to the dynamics of moral deliberation, essential to the growth of personhood. I argue that Williams's account of moral peoplehood is similarly deficient in that it overlooks the role constitutional deliberation plays in constructing the jural community. Plural politics requires accepted ground rules and the sense that we are a unity of plural associates, and this is what constitutional deliberation aims to provide.

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Section: The Character Of a Jural Community: E Pluribus Unummentioning

confidence: 99%