Contributions by ‘Robert Post’

Although I have often contemplated the relationship between First Amendment doctrine and democratic legitimation, I have always done so in the manner of a legal scholar.[1] I have not inquired—as perhaps a moral philosopher might—about what James Weinstein calls “the objective criteria that morally entitle a political entity to govern.”[2] I find myself unmoved to speculate about such objective normative criteria, and am instead content to focus on the descriptive conditions necessary for a diverse and heterogeneous population to live together in a relatively peaceable manner under a common system of governance and politics.