Constitutional Rights -What They Are and What They Ought to Be
This work explains the nature of constitutional rights. It does so by means of an analysis of the nature of law in general, the nature of constitutions, and the nature of rights. It looks in detail at several aspects of constitutional law, rights and inst
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Carl Wellman
Constitutional Rights -What They Are and What They Ought to Be
Law and Philosophy Library Volume 115
Series editors Francisco J. Laporta Department of Law, Autonomous University of Madrid, Madrid, Spain Frederick Schauer School of Law, University of Virginia, Charlottesville, Virginia, U.S.A. Torben Spaak Department of Law, Stockholm University, Stockholm, Sweden
The Law and Philosophy Library, which has been in existence since 1985, aims to publish cutting edge works in the philosophy of law, and has a special history of publishing books that focus on legal reasoning and argumentation, including those that may involve somewhat formal methodologies. The series has published numerous important books on law and logic, law and artificial intelligence, law and language, and law and rhetoric. While continuing to stress these areas, the series has more recently expanded to include books on the intersection between law and the Continental philosophical tradition, consistent with the traditional openness of the series to books in the Continental jurisprudential tradition. The series is proud of the geographic diversity of its authors, and many have come from Latin America, Spain, Italy, the Netherlands, Germany, and Eastern Europe, as well, more obviously for an English-language series, from the United Kingdom, the United States, Australia, and Canada.
More information about this series at http://www.springer.com/series/6210
Carl Wellman
Constitutional Rights -What They Are and What They Ought to Be
Carl Wellman Philosophy Department Washington University in Saint Louis Saint Louis, Missouri, USA
ISSN 1572-4395 ISSN 2215-0315 (electronic) Law and Philosophy Library ISBN 978-3-319-31525-6 ISBN 978-3-319-31526-3 (eBook) DOI 10.1007/978-3-319-31526-3 Library of Congress Control Number: 2016937981 © Springer International Publishing Switzerland 2016 This work is subject to copyright. All rights are reserved by the Publisher, whether the whole or part of the material is concerned, specifically the rights of translation, reprinting, reuse of illustrations, recitation, broadcasting, reproduction on microfilms or in any other physical way, and transmission or information storage and retrieval, electronic adaptation, computer software, or by similar or dissimilar methodology now known or hereafter developed. The use of general descriptive names, registered names, trademarks, service marks, etc. in this publication does not imply, even in the absence of a specific statement, that such names are exempt from the relevant protective laws and regulations and therefore free for general use. The publisher, the authors and the editors are safe to assume that the advice and information in this book are believed to be true and accurate at the date of publication. Neither the publisher nor the authors or the editors give a warranty, express or implied, with respect to the material contained herein or for any errors or omissions that may have been made. Printed on acid-free paper This Springer imprint is published by Spri
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