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Equitable Sharing: Distributing the Benefits and Detriments of Democratic Society, Lexington Press, 2014

Posted: 8 Jan 2014  

Thomas Kleven

Texas Southern University - Thurgood Marshall School of Law

Date Written: January 6, 2014

Abstract

Equitable Sharing: Distributing the Benefits and Detriments of Democratic Society 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. To illustrate the centrality of equitable sharing to democracy, the book 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. To illustrate the centrality of equitable sharing to U.S. society, the book 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. While the primary responsibility for implementing equitable sharing rests with the legislative branch, the book argues that 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. This point is illustrated through a discussion of several contemporary issues: same sex marriage, racial integration in public schools, health care, and the regulation of the electoral process.

Suggested Citation

Kleven, Thomas, Equitable Sharing: Distributing the Benefits and Detriments of Democratic Society, Lexington Press, 2014 (January 6, 2014). Available at SSRN: https://ssrn.com/abstract=2375412

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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