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Acknowledgments | p. xi |
Abbreviated References | p. xiii |
Introduction | p. 1 |
The Legislative Point of View and the Ends of Government | p. 15 |
Contested Laws and Principles | p. 17 |
Contested Principles and the Legislative Point of View | p. 25 |
The Analogy between Laws and Moral Principles | p. 31 |
Contested Principles and the Legislative Point of View | p. 36 |
Rule-Utilitarianism and Contested Principles | p. 36 |
Locke, Proast, and Contested Principles | p. 39 |
The Secular Analogue of the Lockean Argument | p. 46 |
Two Illustrations | p. 51 |
Legislative Consent and the Public Good | p. 57 |
Problems with Contractual Consent | p. 66 |
Locke's Legislative Consent and the Public Good | p. 74 |
Beyond Neutrality and Perfectionism | p. 85 |
Two Liberal Approaches | p. 85 |
Rawls and Reasonable Agreement | p. 88 |
Raz and Human Well-Being | p. 101 |
Beyond Neutrality and Perfectionism | p. 110 |
The Legislative Point of View and Constitutional Roles | p. 115 |
Institutional Roles and the Legislative Point of View | p. 117 |
Locke on Legislative and Executive Powers | p. 121 |
Locke and the Missing Judicial Power | p. 127 |
Judges as Legislators: Functions versus Institutions | p. 132 |
Implications for Contested Roles | p. 135 |
Contested Roles, Interpretation, and the Framer's Point of View | p. 137 |
Contested Jurisdiction and the "Framer's Point of View" | p. 140 |
Contested Constitutional Jurisdiction in the United States | p. 143 |
Dworkin and the Legislative Point of View | p. 147 |
Originalism and the Nature of Law and Legislation | p. 159 |
Boerne v. Flores | p. 166 |
Contested Roles and the State of Nature | p. 172 |
Conclusion | p. 174 |
Textual Support for the Legislative Point of View | p. 179 |
Locke's Theory of Consent and the Ends of Government | p. 181 |
Bibliography | p. 191 |
Court Cases Cited | p. 199 |
Index | p. 201 |
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