Locke and the legislative point of view toleration, contested principles, and law - Tuckness, Alex Scott 1971- (Princeton, N.J. Princeton University Press, 2002)
pt. 1. The legislative point of view and the ends of government. Contested laws and principles : Contested principles and the legislative point of view ; The analogy between laws and moral principles -- Contested principles and legislative point of view. Rule-utilitarianism and contested principles ; Locke, Proast, and contested principles ; The secular analogue of the Lockean argument ; Two illustrations -- Legislative consent and the public good. Problems with contractual consent ; Locke's legislative consent and the public good -- Beyond neutrality and perfectionism. Two liberal approaches ; Rawls and responsible agreement ; Raz and human well-being ; Beyond neutrality and perfectionism -- pt. 2. The legislative point of view. Institutional roles and the legislative point of view. Locke on legislative and executive powers ; Locke and the missing judicial power ; Judges as legislators : functions versus institutions ; Implications for contested roles -- Contested roles, interpretation, and the framer's point of view. Contested jurisdiction and the "framer's point of view" ; Contested constitutional jurisdiction in the United States ; Dworkin and the legislative point of view ; Originalism and the nature of law and legislation ; Boerne v. Flores ; Contested roles and the state of nature ; Conclusion -- Appendix 1 : Textual support for the legislature point of view -- Appendix 2. Locke's theory of consent and the ends of government.
Includes bibliographical references and index.
Keywords: Locke, John -- 1632-1704.; Political ethics; Legislative bodies -- Ethics; Legislative power