Locke and the Legislative Point of View: Toleration, Contested Principles, and Law

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abortion, debates over, 17
act-utilitarianism, 2n.2, 3, 175; and view of violence, 22
agency. See moral agency
agreement, 1
American Founding, 151–154
anarchy, 125
Anti-Federalists, 151. See also Brutus
Applbaum, Arthur, 118, 125
Aquinas, Thomas, 85
Aristotle, 106
Augustine, 85
autonomy. See liberty
Baldwin, Thomas, 105n.40
Barry, Brian, 87
Bentham, Jeremy, 3
Bork, Robert, 159, 160–161
“bracketing,” 17, 102, 118
Brennan, Justice, 171
Brown v. Board of Education, 156
Brutus, 151, 153
Buber, Martin, 85
Career of Toleration (Vernon), 6n.8
censorship, 37–38
Chan, Joseph, 111–113
Charles II, 143
City of Boerne v. Flores, 144, 167–172
civil disobedience, 10, 54–56, 85
Civil War, as constitutional crisis, 137
Clinton, Bill, 144
coercion, 22–23, 53, 60, 67, 141–142
collective consequentialism, 54n.30
common standpoint theories, 86, 87, 88, 103. See also utilitarianism
communitarianism, 1
consent, 10, 62–63; constraints on, 76n.24; contractual, 62–63, 66–74, 7576, 89; hypothetical, 89; legislative, 6263, 74–84,89
consequences, actual and hypothetical, 4445
consequentialism, 125–126
constitutions: adoption of, 136, 141; interpretation of, 138, 139, 144–147; written, 140–141. See also U.S. Constitution; Dworkin, Ronald; originalism
contested jurisdiction, and the “framer's point of view,” 140–143, 146
contested principles, 35, 78, 174; continuum of more and less, 45n.20; and the legislative point of view, 25–31; and Locke, 39–46; and major/minor premises, 26, 27–30, 33; and Proast, 39–46; and rule-utilitarianism, 36–39
contested roles, and the state of nature, 172–173
convergence theories, 86, 87, 88. See also Hobbes, Thomas
Cooper v. Aaron, 144
creationists, 82–83
Critical Notes on Stillingfleet (Locke and Tyrrell), 123; on form of church government, 133
Dignity of Legislation, The (Waldron), 78n.25
disagreement, 1, 25n.22, 49–50
Discourse on Property, John Locke and His Adversaries, A (Tully), 184n.4
Douglas, Stephen, 17
Dred Scott, 144
Dunn, John, 132n.24
Dworkin, Gerald, 34, 36–38, 37n.3, 42n.14, 45n.19
Dworkin, Ronald, 23, 24n.20, 158n.32; and the legislative point of view, 147150; objection to, 150–159
Ely, John Hart, 165
Employment Division, Oregon Dept. of Human Resources v. Smith (1990), 167168
England: and constitutional jurisdiction, 140, 143; legislative power in, 133; and the European Union, 140
Epistola de Tolerantia (Locke), Popple translation of, 5n.5


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