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What Should Constitutions Do?
On April 16-19, 2009 Liberty Fund and the Social Philosophy and Policy Center will sponsor a conference in Tampa, Florida, that will discuss the topic, What Should Constitutions Do? Conferees will discuss the following sorts of questions: What are the normative purposes (if any) that justify constitutions? Is the essential function of a constitution the protection of individual rights? If so, what are these rights and how can they be justified? How can a constitution protect the rights of minorities while upholding democratic processes? Under what circumstances and to what extent should majority will be constrained in the name of protecting individual rights? Alternatively, is the purpose of a constitution to secure the will of the majority, or perhaps a vaguely described "general welfare," with neither individual nor minority "rights" serving as side-constraints? If the former, how is the people's will to be determined: by simple majority voting or by some mechanism that determines a "general" or "true" will of the people? If the latter, how is the "general welfare" to be identified? Answering these questions will be Lawrence A. Alexander, Warren Distinguished Professor of Law, University of San Diego School of Law; Jules L. Coleman, Wesley Newcomb Hohfeld Professor of Jurisprudence and Professor of Philosophy, Yale Law School; Richard A. Epstein, James Parker Hall Distinguished Service Professor of Law and Director, Law and Economics Program, University of Chicago Law School; James F. Fishkin, Janet M. Peck Chair in International Communication, Professor of Communication, Professor of Political Science, Director, Institute for Communication Research, Stanford University; William A. Galston, Senior Fellow, Governance Studies, The Brookings Institution, and College Park Professor, School of Public Policy, University of Maryland; Douglas W. Kmiec, Professor of Constitutional Law and Caruso Family Chair in Constitutional Law, Pepperdine University; Sanford V. Levinson, W. St. John Garwood and W. St. John Garwood, Jr. Centennial Chair and Professor of Government, The University of Texas at Austin; Loren E. Lomasky, Cory Professor of Political Philosophy, Policy and Law, and Director, Political Philosophy, Policy and Law Program, University of Virginia; Guido Pincione, Professor of Law and Philosophy, Universidad Torcuato di Tella, Buenos Aires, Argentina; Ilya Somin, Assistant Professor of Law, George Mason University School of Law; Fernando Tesón, Tobias Simon Eminent Scholar, Florida State University College of Law; and Michael P. Zuckert, Nancy Reeves Dreux Professor of Political Science, University of Notre Dame.
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