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The Rule of Recognition and the U.S. Constitution

The Rule of Recognition and the U.S. Constitution is a volume of original essays that discuss the applicability of Hart's rule of recognition model of a legal system to U.S. constitutional law. The contributors are leading scholars in analytical jurisprudence and constitutional theory, including Matthew Adler, Larry Alexander, Mitchell Berman, Michael Dorf, Kent Greenawalt, Richard Fallon, Michael Green, Kenneth Einar Himma, Stephen Perry, Frederick Schauer, Scott Shapiro, Jeremy Waldron, and Wil Waluchow. The volume makes a contribution both in jurisprudence, using the U.S. as a "test case" that highlights the strengths and limitations of the rule of recognition model; and in constitutional theory, by showing how the model can illuminate topics such as the role of the Supreme Court, the constitutional status of precedent, the legitimacy of unwritten sources of constitutional law, the choice of methods for interpreting the text of the Constitution, and popular constitutionalism.

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  • "Introduction / Matthew D. Adler and Kenneth Einar Himma -- The rule of recognition and the Constitution / Kent Greenawalt -- Precedent-based constitutional adjudication, acceptance, and the rule of recognition / Richard H. Fallon, Jr -- How the written constitution crowds out the extra-constitutional rule of recognition / Michael C. Dorf -- Understanding the relationship between the U.S. Cconstitution and the conventional rule of recognition / Kenneth Einar Himma -- Four concepts of validity : reflections on inclusive and exclusive positivism / Wil Waluchow -- How to understand the rule of recognition and the American Constitution / Kent Greenawalt -- Rules of recognition, constitutional controversies, and the dizzying dependence of law on acceptance / Larry Alexander and Frederick Schauer -- Social facts, constitutional interpretation, and the rule of recognition / Matthew D. Adler -- What is the rule of recognition (and does it exist)? / Scott J. Shapiro -- Constitutional theory and the rule of recognition : toward a fourth theory of law / Mitchell N. Berman -- Where all have the powers gone : Hartian rules of recognition, noncognitivsm, and the constitutional and jurisprudential foundations of law / Stephen Perry -- Who needs rules of recognition? / Jeremy Waldron -- Kelsen, quietism, and the rule of recognition / Michael Steven Green."
  • "The Rule of Recognition and the U.S. Constitution is a volume of original essays that discuss the applicability of Hart's rule of recognition model of a legal system to U.S. constitutional law. The contributors are leading scholars in analytical jurisprudence and constitutional theory, including Matthew Adler, Larry Alexander, Mitchell Berman, Michael Dorf, Kent Greenawalt, Richard Fallon, Michael Green, Kenneth Einar Himma, Stephen Perry, Frederick Schauer, Scott Shapiro, Jeremy Waldron, and Wil Waluchow. The volume makes a contribution both in jurisprudence, using the U.S. as a "test case" that highlights the strengths and limitations of the rule of recognition model; and in constitutional theory, by showing how the model can illuminate topics such as the role of the Supreme Court, the constitutional status of precedent, the legitimacy of unwritten sources of constitutional law, the choice of methods for interpreting the text of the Constitution, and popular constitutionalism."@en

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  • "Electronic resource."@en
  • "Electronic books."@en
  • "Livre électronique (Descripteur de forme)"
  • "Llibres electrònics."
  • "Ressource Internet (Descripteur de forme)"

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  • "The rule of recognition and the U.S. Constitution /"
  • "The Rule of Recognition and the U.S. Constitution"@en
  • "The rule of recognition and the U. S. Constitution /"
  • "The rule of recognition and the U. S. Constitution"
  • "The rule of recognition and the U.S. Constitution"
  • "The rule of recognition and the U.S. Constitution"@en