Locke and the legislative point of view : toleration, contested principles, and law / Alex Tuckness.

Includes bibliographical references and index.

pt. 1. The legislative point of view and the ends of government. Contested laws and principles : Contested principles and the legislative point of view ; The analogy between laws and moral principles -- Contested principles and legislative point of view. Rule-utilitarianism and contested principles ; Locke, Proast, and contested principles ; The secular analogue of the Lockean argument ; Two illustrations -- Legislative consent and the public good. Problems with contractual consent ; Locke's legislative consent and the public good -- Beyond neutrality and perfectionism. Two liberal approaches ; Rawls and responsible agreement ; Raz and human well-being ; Beyond neutrality and perfectionism -- pt. 2. The legislative point of view. Institutional roles and the legislative point of view. Locke on legislative and executive powers ; Locke and the missing judicial power ; Judges as legislators : functions versus institutions ; Implications for contested roles -- Contested roles, interpretation, and the framer's point of view. Contested jurisdiction and the "framer's point of view" ; Contested constitutional jurisdiction in the United States ; Dworkin and the legislative point of view ; Originalism and the nature of law and legislation ; Boerne v. Flores ; Contested roles and the state of nature ; Conclusion -- Appendix 1 : Textual support for the legislature point of view -- Appendix 2. Locke's theory of consent and the ends of government.

Determining which moral principles should guide political action is a vexing question in political theory. This is especially true when faced with the "toleration paradox": believing that something is morally wrong but also believing that it is wrong to suppress it. In this book, Alex Tuckness argues that John Locke's potential contribution to this debate--what Tuckness terms the "legislative point of view"--Has long been obscured by overemphasis on his doctrine of consent. Building on a line of reasoning Locke made explicit in his later writings on religious toleration, Tuckness explores the.

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