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Between Facts and Norms - Contributions to a ... - Blogs Unpad

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546------Notes <strong>to</strong> pages 268-27553.]. Ritter, Hegel <strong>and</strong> the French Revolution, trans. R. D. Winfield (Cambridge,Mass., 1982).54. F. I. Michelman, "The Supreme Court 1985 TermForeword: Traces of Self­Government," Harvard Law Review 100 (1986) : 4-77.55. F. I. Michelman, "Conceptions of Democracy in American ConstitutionalArgument: Voting Rights," Florida Law Review 41 (1989): 443-90 (hereafter,"Conceptions of Democracy: Voting").56. See H. Arendt, On Revolution (New York, 1963); see also her On Violence (NewYork, 1970).57. F. I. Michelman, "Political Truth <strong>and</strong> the Rule of Law," Tel Aviv UniversityStudies in Law 8 ( 1988): 283: "The political society envisioned by bumper-stickerrepublicans is the society of private rights bearers, an association whose firstprinciple is the protection of the lives, liberties, <strong>and</strong> estates of its individualmembers. In that society, the state is justified by the protection it gives <strong>to</strong> thosepre-political interests; the purpose of the constitution is <strong>to</strong> ensure that the stateapparatus, the government, provides such protection for the people at largerather than serves the special interests of the governors or their patrons; thefunction of citizenship is <strong>to</strong> operate the ' constitution <strong>and</strong> thereby motivate thegovernors <strong>to</strong> act according <strong>to</strong> that protective purpose; <strong>and</strong> the value <strong>to</strong> you ofyour political franchiseyour right <strong>to</strong> vote <strong>and</strong> speak, <strong>to</strong> have your views heard<strong>and</strong> countedis the h<strong>and</strong>le it gives you on influencing the system so that it willadequately heed <strong>and</strong> protect your particular, pre-political rights <strong>and</strong> otherinterests."58. Michelman, "Political Truth," p. 284: "In civic constitutional vision, politicalsociety is primarily the society not of rights-bearers, but of citizens, an associationwhose first principle is the creation <strong>and</strong> provision of a public realm within whicha people, <strong>to</strong>gether, argue <strong>and</strong> reason about the right terms of social coexistence,terms that they will set <strong>to</strong>gether <strong>and</strong> which they underst<strong>and</strong> as comprising theircommon good . ... Hence, the state is justified by its purpose of establishing <strong>and</strong>ordering the public sphere within which persons can achieve freedom in thesense of self-government by the exercise of reason in public dialogue."59. Michelman, "Conceptions of Democracy: Voting," pp. 446f.60. Michelman, "Conceptions of Democracy: Voting," p. 484.61. F. I. Michelman, "Conceptions of Democracy in American ConstitutionalArgument: The Case of Pornography Regulation," Tennessee Law Review 56( 1989): 293 (hereafter, "Conceptions of Democracy: Pornography").62. F. I. Michelman, "Bringing the Law <strong>to</strong> Life: A Plea for Disenchantment,"Cornell Law Review 74 (1989): 257.63. Michelman, "Conceptions of Democracy: Pornography," p. 293.64. Michelman, "Law's Republic," pp. 1526f.65. Michelman, "Law's Republic," p. 1529; he goes on (p. 1531) as follows:The full lesson of the civil rights movement will escape whoever focuses <strong>to</strong>o

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