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Book
Equitable Sharing: Distributing the Benefits and Detriments of Democratic Society
(2014)
  • Thomas Kleven, Thurgood Marshall School of Law
Abstract
The book argues that a principle of equitable sharing is fundamental to the concept of democracy and to the democratic society the United States purports to be. It examines the political philosophies of John Locke, John Stuart Mill, and John Rawls, all of which contain a principle of equitable sharing in some form. It then examines the Declaration of Independence and the Constitution, both of which evidence a commitment to equitable sharing as foundational to the democratic society they contemplate. The book argues that, while the legislative branch is primarily responsible for implementing equitable sharing, the Supreme Court also has a meaningful role to play in the dialogue over the requirements of equitable sharing and can play this role in a manner consistent with democratic principles. To illustrate the application of the principle of equitable sharing, the book addresses the issues of same-sex marriage, school integration, the electoral process, health care, and states’ rights.
Publication Date
2014
Publisher
Lexington Press
Citation Information
Thomas Kleven. Equitable Sharing: Distributing the Benefits and Detriments of Democratic Society. (2014)
Available at: http://0-works.bepress.com.library.simmons.edu/thomas_kleven1/6/