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Constitutionalism and Publius' Critique of Popular Government.
Constitutionalism and Publius' Critique of Popular Government.
상세정보
- Material Type
- 학위논문
- 0017160733
- Date and Time of Latest Transaction
- 20250211151108
- ISBN
- 9798382782577
- DDC
- 320
- Author
- Silver, Benjamin Gordon.
- Title/Author
- Constitutionalism and Publius Critique of Popular Government.
- Publish Info
- [S.l.] : The University of Chicago., 2024
- Publish Info
- Ann Arbor : ProQuest Dissertations & Theses, 2024
- Material Info
- 339 p.
- General Note
- Source: Dissertations Abstracts International, Volume: 85-12, Section: A.
- General Note
- Advisor: Tarcov, Nathan S.
- 학위논문주기
- Thesis (Ph.D.)--The University of Chicago, 2024.
- Abstracts/Etc
- 요약This dissertation takes up two related questions: What is a constitution and why have one? It seeks answers in one of the earliest and most comprehensive works of modern constitutionalism: The Federalist.In fine, the dissertation argues that for Publius-the pseudonymous author of The Federalist-a constitution is a political arrangement designed to constrain public power for the purpose of defeating the problem of judging in one's own case. In light of the Roman law maxim nemo iudex in sua causa, the dissertation refers to this problem as the "nemo iudex problem." Popular governments like republics are always at risk of the nemo iudex problem. And the problem is often fatal. In popular governments, every decision made by the people is simultaneously a private one and a public one. The temptation to create and enforce rules in a self-serving manner proves too much for ordinary citizens or their representatives. Public institutions come to serve private ends, not public ones, and the republic unravels.The Federalist betrays a deep concern with the nemo iudex problem. For starters, the nemo iudex problem underlies the problem of faction in Number 10, which few commentators have emphasized. But Publius' attention to the nemo iudex problem also drives his critiques of other structural forms like the confederation of republics, the mixed regime, and a pure separation of powers. His analysis of each of these political structures points to the same conclusion: Of their own force, none are able to secure republican stability in the face of the nemo iudex problem. For Publius, then, nascent America faces a dilemma: On one hand, the new American regime must be strictly republican; on the other, no known forms of republican rule have successfully protected a republic from the nemo iudex problem.After grounding this dilemma in the text, the dissertation argues that The Federalist presents a novel theory of constitutionalism to navigate the dilemma. According to Publius, a constitution is a form of government that combines three related but distinct features. I call these features "founding," "horizontal monism," and "vertical dualism." Founding provides a point in time at which all legitimate political authority comes into existence. Horizontal monism channels all legitimate political authority into a legal system. And vertical dualism provides a structure to the legal system according to which there are two levels of law. When these three features coincide, a constitution obtains, and the constitution can take certain actions for popular majorities and officers off the table. Moreover, the division between higher law and lower law entails, at least in the republican context, that only supermajorities should be empowered to make higher law. Decisions made by supermajorities are less likely to aim at private concerns, making higher law less likely to be destructively manipulated. The dissertation concludes by discussing Publius' theory of constitutional enforcement, according to which independent judges must be the guardians of the constitution, and examining several limitations recognized in Publius' theory of constitutionalism.
- Subject Added Entry-Topical Term
- Political science.
- Subject Added Entry-Topical Term
- Philosophy.
- Subject Added Entry-Topical Term
- Public administration.
- Subject Added Entry-Topical Term
- American studies.
- Index Term-Uncontrolled
- Constitutionalism
- Index Term-Uncontrolled
- Hamilton
- Index Term-Uncontrolled
- Madison
- Index Term-Uncontrolled
- Republicanism
- Index Term-Uncontrolled
- The Federalist
- Added Entry-Corporate Name
- The University of Chicago Social Thought
- Host Item Entry
- Dissertations Abstracts International. 85-12A.
- Electronic Location and Access
- 로그인을 한후 보실 수 있는 자료입니다.
- Control Number
- joongbu:656705
MARC
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■040 ▼aMiAaPQ▼cMiAaPQ
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■1001 ▼aSilver, Benjamin Gordon.▼0(orcid)0000-0001-5952-8668
■24510▼aConstitutionalism and Publius' Critique of Popular Government.
■260 ▼a[S.l.]▼bThe University of Chicago. ▼c2024
■260 1▼aAnn Arbor▼bProQuest Dissertations & Theses▼c2024
■300 ▼a339 p.
■500 ▼aSource: Dissertations Abstracts International, Volume: 85-12, Section: A.
■500 ▼aAdvisor: Tarcov, Nathan S.
■5021 ▼aThesis (Ph.D.)--The University of Chicago, 2024.
■520 ▼aThis dissertation takes up two related questions: What is a constitution and why have one? It seeks answers in one of the earliest and most comprehensive works of modern constitutionalism: The Federalist.In fine, the dissertation argues that for Publius-the pseudonymous author of The Federalist-a constitution is a political arrangement designed to constrain public power for the purpose of defeating the problem of judging in one's own case. In light of the Roman law maxim nemo iudex in sua causa, the dissertation refers to this problem as the "nemo iudex problem." Popular governments like republics are always at risk of the nemo iudex problem. And the problem is often fatal. In popular governments, every decision made by the people is simultaneously a private one and a public one. The temptation to create and enforce rules in a self-serving manner proves too much for ordinary citizens or their representatives. Public institutions come to serve private ends, not public ones, and the republic unravels.The Federalist betrays a deep concern with the nemo iudex problem. For starters, the nemo iudex problem underlies the problem of faction in Number 10, which few commentators have emphasized. But Publius' attention to the nemo iudex problem also drives his critiques of other structural forms like the confederation of republics, the mixed regime, and a pure separation of powers. His analysis of each of these political structures points to the same conclusion: Of their own force, none are able to secure republican stability in the face of the nemo iudex problem. For Publius, then, nascent America faces a dilemma: On one hand, the new American regime must be strictly republican; on the other, no known forms of republican rule have successfully protected a republic from the nemo iudex problem.After grounding this dilemma in the text, the dissertation argues that The Federalist presents a novel theory of constitutionalism to navigate the dilemma. According to Publius, a constitution is a form of government that combines three related but distinct features. I call these features "founding," "horizontal monism," and "vertical dualism." Founding provides a point in time at which all legitimate political authority comes into existence. Horizontal monism channels all legitimate political authority into a legal system. And vertical dualism provides a structure to the legal system according to which there are two levels of law. When these three features coincide, a constitution obtains, and the constitution can take certain actions for popular majorities and officers off the table. Moreover, the division between higher law and lower law entails, at least in the republican context, that only supermajorities should be empowered to make higher law. Decisions made by supermajorities are less likely to aim at private concerns, making higher law less likely to be destructively manipulated. The dissertation concludes by discussing Publius' theory of constitutional enforcement, according to which independent judges must be the guardians of the constitution, and examining several limitations recognized in Publius' theory of constitutionalism.
■590 ▼aSchool code: 0330.
■650 4▼aPolitical science.
■650 4▼aPhilosophy.
■650 4▼aPublic administration.
■650 4▼aAmerican studies.
■653 ▼aConstitutionalism
■653 ▼aHamilton
■653 ▼aMadison
■653 ▼aRepublicanism
■653 ▼aThe Federalist
■690 ▼a0615
■690 ▼a0422
■690 ▼a0323
■690 ▼a0617
■71020▼aThe University of Chicago▼bSocial Thought.
■7730 ▼tDissertations Abstracts International▼g85-12A.
■790 ▼a0330
■791 ▼aPh.D.
■792 ▼a2024
■793 ▼aEnglish
■85640▼uhttp://www.riss.kr/pdu/ddodLink.do?id=T17160733▼nKERIS▼z이 자료의 원문은 한국교육학술정보원에서 제공합니다.
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