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The Hollow Hope: Can Courts Bring About Social Change? Second Edition (American Politics and Political Economy Series)
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Any concept of justice that hopes to win broad support in the real world has to be political in these three ways: to be narrow in scope; to be free-standing of any comprehensive moral doctrine; and to be grounded in widely shared ideas drawn from the public political culture. The original position ensures that Rawls’s principles possess these featu
... See moreDaniel Chandler • Free and Equal: A Manifesto for a Just Society
And Zachary Liscow, former Chief Economist at the Office of Management and Budget, proposes ample “front-end civic participation” in exchange for reduced back-end litigation. That is, do the democratic work upfront then get on a fast track, rather than use the fast-track to avoid the democratic work and then suffer the blowback.