Images of the Citizen and the State Resolving the Paradox of Public and Private Power in Constitutional Law

by Beeferman, Larry W.

• ISBN13: 9780761802327
• ISBN10: 0761802320
• Format: Paperback
• Copyright: 1995-12-26
• Publisher: UPA

Summary

This book studies how the legal system handles the ever-changing lines between public and private power. It covers the paradox that occurs when the Constitution's expansion of one individual's spheres of protection ultimately leads to the contraction of another person's sphere of freedom. In order to exhibit the legal system's reaction to such a paradox, the study describes diverse approaches in course law, doctrine, and theory. It covers premises common to these approaches and their inability to resolve the problem. It confronts and exposes the different views of the citizen-state relationship implicit in those approaches. Finally, the study suggests that continuing to question and investigate perspectives of the citizen-state relationship will offer insight as to how the conduct of private individuals and public officials might properly be governed. Images of the Citizen and the State will appeal to law teachers and scholars as well as those in practice. It is highly appropriate for courses and seminars in constitutional law, civil rights law, jurisprudence, and legal theory.

Table of Contents

Introduction	p. 1
Historical Origins of "State Action" Doctrine: The Civil Rights Cases	p. 13
Historical Origins of Themes Related to State Action Doctrine	p. 49
"State Choice": Avoiding the Incoherence of "State Action" Doctrine	p. 77
"State Choice": Clarifying the Relationship Between "State Action" and Non-"State Action" Cases	p. 125
"State Choice": Confirmation by a Theoretical Model of State Conduct	p. 163
The Unitary Character of "State Choice": The Duality of "State Action" Doctrine Rejected	p. 179
The Unitary Character of "State Choice": The Religion Clauses as a Special Case of "State Choice"	p. 245
Critique of Specific "State Action" Doctrinal Techniques	p. 279
"State Action" or "State Choice"?: Images of the State and the Rhetoric of the State-Citizen Relationship	p. 345
"State Choice": Exposing the Confusion of "State Action" With Other Doctrines	p. 401
Conclusion: What Remains to be Done	p. 459
Appendix	p. 467
Table of Case Authorities	p. 487
Index	p. 495
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