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https://hdl.handle.net/20.500.12202/10077
Title: | Pluralist justice and liberal constitutionalism: A reply to critics |
Authors: | Rosenfeld, Michel |
Keywords: | comprehensive pluralism constituent and constituted power distributive justice Global North and Global South Hegel, justice essentials liberal constitutionalism political liberalism political theology Rawls Carl Schmitt the universal as it relates to the singular and the plural |
Issue Date: | 28-Feb-2024 |
Publisher: | Benjamin N. Cardozo School of Law, Yeshiva University |
Citation: | Rosenfeld, M. (2024, February 28). Pluralist Justice and Liberal Constitutionalism: A Reply to Critics (February 28, 2024). 45 Cardozo L. Rev. (Forthcoming) , Cardozo Legal Studies Research Paper No. 2024-12. |
Series/Report no.: | Cardozo Legal Studies Research Paper;No. 2024-12 Cardozo L. Rev.;45(6) |
Abstract: | In my book, A Pluralist Theory of Constitutional Justice: Assessing Liberal Democracy in Times of Rising Populism and Illiberalism (OUP 2022) I advance the thesis that liberal constitutionalism must satisfy a minimum of distributive justice in its three dimensions of material welfare, identitarian recognition, and democratic representation. I label this minimum the “justice essentials” drawing on Rawls’s concept of “constitutional essentials”, and defend it within the ambit of my theory of comprehensive pluralism. In this writing, I reply to the comments and criticisms of five scholars and further clarify and elaborate my theory. Specifically, I clarify how my theory impacts on the dichotomy between constituent and constituted powero and on that between political and constitutional theology. I defend the justice essentials as not amounting to one competing conception of justice against others. I stress that the dialectical dimension of comprehensive pluralism clearly distinguishes my theory from that of Rawls’s in his Political Liberalism. I respond to the claim that my theory does not properly account for constitutionalism in the Global South. And finally, I grapple with the way my theory is suited to handle the inherently inclusionary and exclusionary dimensions of all universals |
Description: | Scholarly article / Open access |
URI: | https://papers.ssrn.com/sol3/papers.cfm?abstract_id=4741829 https://hdl.handle.net/20.500.12202/10077 |
ISSN: | 0270-5192; 2169-4893 |
Appears in Collections: | Benjamin N. Cardozo School of Law: Faculty Publications |
Files in This Item:
File | Description | Size | Format | |
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Rosenfeld (2024) OA Pluralist justice.pdf | 573.42 kB | Adobe PDF | View/Open |
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