Research output: Contribution to journal › Article › peer-review
Representative Legislatures, Grammars of Political Representation, and the Generality of Statutes. / Tsarapatsanis, Dimitrios.
In: Ratio Juris. An International Journal in Jurisprudence and Philosophy of Law, Vol. 31, No. 4, 19.11.2018, p. 444-459.Research output: Contribution to journal › Article › peer-review
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TY - JOUR
T1 - Representative Legislatures, Grammars of Political Representation, and the Generality of Statutes
AU - Tsarapatsanis, Dimitrios
PY - 2018/11/19
Y1 - 2018/11/19
N2 - This article explores the claim that representative legislatures should create general legal norms. After distinguishing the requirement that statutes be general from the broader rule-of-law idea that law be general, I concentrate on the French constitutional tradition to argue that the plausibility of the claim turns on the elucidation of a set of social norms and understandings about the proper role of representative legislatures mediating between abstract ideals of the common good and local practices. I call these norms grammars. The article then briefly compares the French “Sieyèsian” with the US “Madisonian” grammar of political representation regarding the issue of the generality of statutes and concludes with a plea for an in-depth comparative investigation into different such grammars.
AB - This article explores the claim that representative legislatures should create general legal norms. After distinguishing the requirement that statutes be general from the broader rule-of-law idea that law be general, I concentrate on the French constitutional tradition to argue that the plausibility of the claim turns on the elucidation of a set of social norms and understandings about the proper role of representative legislatures mediating between abstract ideals of the common good and local practices. I call these norms grammars. The article then briefly compares the French “Sieyèsian” with the US “Madisonian” grammar of political representation regarding the issue of the generality of statutes and concludes with a plea for an in-depth comparative investigation into different such grammars.
UR - http://www.scopus.com/inward/record.url?scp=85056899092&partnerID=8YFLogxK
U2 - 10.1111/raju.12226
DO - 10.1111/raju.12226
M3 - Article
VL - 31
SP - 444
EP - 459
JO - Ratio Juris. An International Journal in Jurisprudence and Philosophy of Law
JF - Ratio Juris. An International Journal in Jurisprudence and Philosophy of Law
SN - 0952-1917
IS - 4
ER -