Equitable Sharing and Democratic Theory

24 Pages Posted: 15 Apr 2012

See all articles by Thomas Kleven

Thomas Kleven

Texas Southern University - Thurgood Marshall School of Law

Date Written: April 14, 2012

Abstract

This article argues that a truly democratic society must adhere to a principle of equitable sharing, meaning that all the benefits and detriments of social life must be distributed in an equitable manner among all members of society. The argument derives from an examination of John Locke’s libertarianism, John Mill’s utilitarianism, and John Rawls’ egalitarianism, all of which contain forms of equitable sharing of which aspects appear in the philosophical underpinnings and historical development of this society. Related articles argue that plausible readings of the society’s founding documents, the Declaration of Independence and the Constitution, support a requirement of equitable sharing, and that the Supreme Court has a viable and legitimate role to play in implementing equitable sharing.

Keywords: constitutional law, democratic theory

Suggested Citation

Kleven, Thomas, Equitable Sharing and Democratic Theory (April 14, 2012). Available at SSRN: https://ssrn.com/abstract=2039822 or http://dx.doi.org/10.2139/ssrn.2039822

Thomas Kleven (Contact Author)

Texas Southern University - Thurgood Marshall School of Law ( email )

3100 Cleburne Street
Houston, TX 77004
United States
713-313-7355 (Phone)

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