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Conference: Foundational Concepts in Constitutional Theory

10 July 2019鈥12 July 2019, 3:30 pm鈥6:00 pm

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Event Information

Open to

All

Organiser

Laws Events

Location

Gideon Schreier LT
Bentham House
4-8 Endsleigh Gardens
London
WC1H 0EG

About the Conference

Despite the field of constitutional theory coming of age recently, there are at least three problems evident in the scholarly discussion. First, legal scholars and political scientists have often approached the subjects differently and in isolation from one another.听 Second, discussions often remain parochial, taking a familiar jurisdiction鈥檚 institutions as the central case.听 And third, sophisticated scholarly work tends to be deep in respect of particular subjects, but rarely seeks to explore a modestly comprehensive set of foundational concepts, and the relationships between them.

The Bentham House Conference brings together world-leading philosophers, political scientists and legal theorists in an attempt to address these problems. It is the occasion for discussing the first set of papers to be included in a major forthcoming volume, The Cambridge Handbook of Constitutional Theory (Cambridge University Press, forthcoming 2021), co-edited by Richard Bellamy and Jeff King. The Handbook seeks to deepen and broaden our understanding of values, modalities, and institutions in constitutional thought and practice.听 The values specify those attributes, conditions or states of affairs that are of inherent worth (e.g. dignity, liberty, well-being, self-government). 听The modalities relate to arrangements, processes or principles that are of instrumental worth (e.g. the separation of powers, the rule of law, constituent power).听 They are judged by how well they serve the deeper values. The category of institutions 鈥 which is not explored directly at the Bentham House conference 鈥 will offer theoretical reflection on concrete institutions and political arrangements considered in comparative light (e.g. electoral systems, administration, government, legislatures, referenda, central banking).听

The focus at this conference is on the values and modalities Parts of the Handbook.听 The papers will present not so much an overview of the field of writing, but rather the author鈥檚 distinctive conception of a particular concept, with emphasis on its constitutional aspects. The full papers and short summaries of each paper will be made available to all conference participants on a OneDrive folder in advance. Each paper will be briefly presented and discussed in plenary for 40 minutes, half of which will be reserved for open-floor questions.

List of speakers and topics:

  • Matthew听Adler (Duke) 鈥 Well-Being
  • Richard Bellamy (果冻影院) - Constitutionalism: An Introduction
  • Simone Chambers (University of California Irvine) 鈥 Deliberation
  • Thomas Christiano (University of Arizona) 鈥 Self Government
  • Rowan Cruft (University of Stirling) 鈥 Rights
  • Candice Delmas (Northeastern University) 鈥 Civil Disobedience
  • David Dyzenhaus (University of Toronto) 鈥 Sovereignty
  • Timothy Endicott (Oxford) 鈥 Constitutional Interpretation
  • Jon Elster (Columbia University) 鈥 Constitutional Conventions
  • Rainer Forst (Johann Wolfgang Goethe-Universit盲t Frankfurt am Main) 鈥 Justice: Procedural and Substantive
  • Jeff King (果冻影院) 鈥 Rule of Law
  • Matthew Kramer (Cambridge) 鈥 Impartiality
  • Ccile Laborde (Oxford) 鈥 Secularism
  • Nomi Claire Lazar (Yale/NUS College, Singapore) 鈥 Legitimacy
  • George Letsas (果冻影院) 鈥 Proportionality
  • Annabelle Lever (Sciences Po) - Equality
  • Jacob T. Levy (McGill University) 鈥 Separation of Powers
  • Martin Loughlin (LSE) 鈥 Constituent Power
  • Christoph M枚llers (Humboldt University of Berlin) 鈥 Constitutional Review
  • Philip Pettit (Princeton) 鈥 Liberty
  • Helder de Schutter (Leuven University) 鈥 Recognition
  • Nadia Urbinati (Columbia University) 鈥 Representation
  • Jeremy Waldron (New York University) 鈥 Dignity
PROGRAMME (Subject to Change)

Wednesday 10 July 2019

3:00听PM 鈥 3:30 PM听听听听听听听 Registration
3:30 PM 鈥 5:30 PM听听听听听听听 Session 1
  • Richard Bellamy (果冻影院) -听Constitutionalism: An Introduction
  • Jeremy Waldron (New York University) 鈥听Dignity
  • Annabelle Lever (Sciences Po) -听Equality

Thursday 11 July 2019

9:00 AM 鈥 11:00 AM听听听听听 Session 2
  • Philip Pettit (Princeton) 鈥 Liberty
  • Rowan Cruft (University of Stirling) 鈥 Rights
  • Matthew Adler (Duke) 鈥 Well-Being
11:30 AM 鈥 12:50 PM听听听 Session 3
  • Rainer Forst (Johann Wolfgang Goethe-Universit盲t Frankfurt am Main) 鈥 Justice: Procedural and Substantive
  • Nomi Claire Lazar (Yale/NUS College, Singapore) 鈥 Legitimacy
13:50 PM 鈥 2:00听PM听 听 听 Lunch听
2:00 PM 鈥 3:20 PM听听听听听听听 Session 4
  • Matthew Kramer (Cambridge) 鈥 Impartiality
  • Helder de Schutter (Leuven University) 鈥 Recognition

3:50 PM 鈥 5:50 PM听听听听听听听 Session 5
  • Thomas Christiano (University of Arizona) 鈥 Self Government
  • Nadia Urbinati (Columbia University) 鈥 Representation
  • Simone Chambers (University of California Irvine) 鈥 Deliberation

Friday 12 July 2019

9:00 AM 鈥 11:00 AM听听听听听 Session 6
  • Jacob T. Levy (McGill University) 鈥 Separation of Powers
  • Jeff King (果冻影院) 鈥 Rule of Law
  • Candice Delmas (Northeastern University) 鈥 Civil Disobedience
11:30 AM 鈥 1:00 PM听听听听听 Session 7
  • David Dyzenhaus (University of Toronto) 鈥 Sovereignty
  • Martin Loughlin (LSE) 鈥 Constituent Power
1:00听PM 鈥 2:00听PM听 听 听 听 Lunch听
2:00 PM 鈥 3:20 PM听听听听听听听 Session 8
  • Ccile Laborde (Oxford) 鈥Secularism
  • George Letsas (果冻影院) 鈥 Proportionality
3:50 PM 鈥 5:50 PM听听听听听听听 Session 9
  • Jon Elster (Columbia University) 鈥 Constitutional Conventions
  • Christoph M枚llers (Humboldt University of Berlin) 鈥 Constitutional Review
  • Timothy Endicott (Oxford) 鈥 Constitutional Interpretation
FEES and BOOKING INFORMATION

Full Conference only
听听听 Standard Fee: 拢175
听听听 Academic: 拢145
听听听 Student:听 拢50

One Day Conference only
听听听 Standard Fee: 拢125
听听听 Academic: 拢100
听听听 Student: 拢30

Payment can be made using a credit or debit card

ABOUT THE SPEAKERS

Matthew Adler is the Richard A. Horvitz Professor of Law and Professor of Economics, Philosophy and Public Policy at Duke University; and, during 2017-2020, Ludwig M. Lachmann Professorial Research Fellow at the London School of Economics.听 He writes about constitutional theory, the foundations of cost-benefit analysis, risk regulation, and other topics in public law and public policy.听听 His books includes New Foundations of Cost-Benefit Analysis (Harvard University Press 2006, with Eric Posner); Well-Being and Fair Distribution (OUP 2012); and the forthcoming Measuring Social Welfare (OUP 2019).听听 He is the editor, with Marc Fleurbaey, of the Oxford Handbook of Well-Being and Public Policy (2016) and, with Ole Norheim, of the forthcoming Prioritarianism in Practice (Cambridge University Press).听听 With Ken Himma, he edited The Rule of Recognition and the U.S. Constitution (OUP 2009).听 He is an editor of the journal Economics and Philosophy.

Richard Bellamy is Professor of Political Science at 果冻影院 and Director of the Max Weber Programme at the European University Institute in Florence.听His main research interests are in the History of European Social and Political Theory post-1750 and Contemporary Analytical Legal and Political Philosophy.听Richard's books include听Modern Italian Social Theory: Ideology and Politics from Pareto to the Present; Liberalism and Modern Society: An Historical Argument;听(with Darrow Schecter)听Gramsci and the Italian State; Liberalism and Pluralism: Towards a Politics of Compromise;听Rethinking Liberalism;听Political Constitutionalism;听Citizenship: A Very Short Introduction; Croce, Gramsci, Bobbio and the Italian Political Tradition;and听A Republican Europe of States:听Cosmopolitanism, Intergovernmentalism and Democracy in the EU.听His most recent book, co-authored with Dario Castiglione, 听From听Maastricht to听Brexit: Democracy, Constitutionalism and Citizenship in the EU听will be published in June 2019.

Simone Chambers听is a Professor of Political Science at the University of California Irvine.听 She has written and published on such topics as deliberative democracy, referendums, constitutional politics, the public sphere, secularism, rhetoric, civility, and the work of J眉rgen听Habermas听and John Rawls. Her most recent publication is 鈥淒emocracy and constitutional reform: Deliberative versus populist constitutionalism鈥 will appear in听Philosophy and Social Criticism.听 She is working on a book of collected essays:听Deliberation and the Future of Democracy: A realistic but not realist political theory.听

Rowan Cruft听has taught philosophy at the University of Stirling since 2002. 鈥疕e focuses on the nature and justification of rights and duties, including especially human rights, rights of democratic participation and property. His work has been published in journals including Ethics, Law & Philosophy, and The Philosophical Quarterly. He is co-editor of鈥疌rime, Punishment and Responsibility:听the听Jurisprudence of Antony Duff鈥(OUP 2011), and of鈥疨hilosophical Foundations of Human Rights鈥(OUP 2015). His forthcoming monograph - Human Rights, Ownership, and the Individual (OUP, 2019) - starts from a new account of the nature of rights as formally bringing together duty-bearer and right-holder first-personally. Work on this book was supported by a British Academy mid-career fellowship.

Candice Delmas鈥痠s Assistant Professor of Philosophy and Political Science at听Northeastern听University, and the Associate Director of the Politics, Philosophy, and Economics Program. During 2016-17, she was a Dworkin-Balzan听Fellow at the New York University School of Law鈥疌enter听for Law and Philosophy.鈥疭he works in moral, legal, social and political philosophy and bioethics. The overarching theme of her work is a concern with citizens鈥 responsibilities in the face of injustice. Her research has appeared in such venues as鈥疎thics,鈥疞aw and Philosophy, the鈥疛ournal of Political Philosophy,鈥疪es听Publica,鈥疉nalysis,鈥疨hilosophy Compass, and鈥疭ocial Theory and Practice. She is the author of鈥疉 Duty to Resist: When Disobedience Should Be Uncivil鈥(Oxford University Press, 2018).听

David Dyzenhaus is a University Professor of Law and Philosophy at the University of Toronto, and a Fellow of the Royal Society of Canada. 听He is the author of:听 Hard Cases in Wicked Legal Systems: South African Law in the Perspective of Legal Philosophy (now in its second edition); The Constitution of Law: Legality in a Time of Emergency; Legality and Legitimacy: Carl Schmitt, Hans Kelsen, and Hermann Heller in Weimar; and Judging the Judges, Judging Ourselves: Truth, Reconciliation and the Apartheid Legal Order.

Timothy Endicott has been鈥疨rofessor of Legal Philosophy in the University of Oxford since 2006, and鈥痑 Fellow in Law at Balliol College since 1999. He writes on Jurisprudence and Constitutional and Administrative Law, with special interests in law and language and interpretation. He served as the Dean of the Faculty of Law for two terms,鈥痜rom October 2007 to September 2015.鈥鼿e is the author of鈥疺agueness in Law鈥(OUP 2000), and鈥疉dministrative Law, 3rd听ed听(OUP 2015). After graduating with the AB in Classics and English鈥痜rom Harvard, he took the MPhil in Comparative Philology in Oxford, studied Law at the University of Toronto, and practised as a litigation lawyer in Toronto. He completed the DPhil in Law in Oxford in 1998. He was appointed by Universidad Carlos III de Madrid to a听C谩tedra听de听Excelencia听during鈥2016, and听was a Distinguished Visitor at the Faculty of Law, University of Toronto, in 2017. He has been General Editor of the Oxford Journal of Legal Studies since 2015.听

Rainer Forst is Professor of Political Theory and Philosophy at Goethe University Frankfurt and Co-Director of the Research Cluster 鈥楴ormative Orders,鈥 of the Centre for Advanced Studies 鈥楯ustitia Amplificata鈥 as well as Director of the Leibniz Research Group 鈥楾ransnational Justice.鈥 His major publications are Contexts of Justice (Suhrkamp 1994, Univ. of California Press 2002), Toleration in Conflict (Suhrkamp 2003, Cambridge UP 2013), The Right to Justification (Suhrkamp 2007, Columbia UP 2012), Justification and Critique (Suhrkamp 2011, Polity Press, 2013), The Power of Tolerance (with W. Brown, Columbia UP 2014), Justice, Democracy and the Right to Justification (with Replies by Critics; Bloomsbury 2014) and Normativity and Power (Suhrkamp 2015, Oxford UP 2017). In 2012, he received the Gottfried Wilhelm Leibniz Price of the German Research Foundation. He is a Member of the Berlin-Brandenburg Academy of Sciences and Humanities and was an Associate Editor of Ethics for the past ten years, is Member of the Executive Editorial Committee of Political Theory and on the board of numerous international journals in his field. He is co-editor of the series Theorie und Gesellschaft as well as Normative Orders with Campus Publishers (Frankfurt).

Jeff King听is a Professor of Law at the Faculty of Laws, 果冻影院, and presently a Visiting Professor of Law at the University of Oxford. He was formerly the Co-Editor of听Current Legal Problems, the Co-Editor of the UK Constitutional Law Blog, and sits on the Editorial Committee of听Public Law听as well as the General Council of the International Society of Public Law (ICON Society). 听Prior to coming to 果冻影院, he was a Fellow and Tutor in law at Balliol College, University of Oxford (2008-2011), and an attorney at Sullivan & Cromwell LLP in New York City (2003-04).听He has held visiting posts at the University of Toronto, Renmin University (Beijing), the University of New South Wales, and in 2014-15 was an Alexander von Humboldt Foundation visiting fellow at the Humboldt University of Berlin. 听He is the author of听Judging Social Rights听(CUP, 2012, winner of the 2014 Peter Birks Prize for Outstanding Legal Scholarship) and听The Doctrine of Odious Debt in International Law: A Restatement听(CUP 2016) and is co-editor of听The Cambridge Handbook of Deliberative Constitutionalism听(CUP 2018) and of听The Foundations and Future of Public Law: Essays in Honour of Paul Craig听(OUP 2020). 听He was awarded a Philip Leverhulme Prize in Law in 2017.

Matthew H. Kramer is Professor of Legal and Political Philosophy at the鈥齍niversity of Cambridge and a Fellow of Churchill College, Cambridge.鈥疕e鈥齣s Director of the Cambridge Forum for Legal & Political Philosophy, and鈥齢e has been a Fellow of the British Academy since 2014.鈥疕e is the author鈥齩f sixteen books (two of which were co-authored), and he is the co-editor鈥齩f four further books.鈥疕is writings cover many areas of political, moral,鈥痑nd legal philosophy.鈥 Among his most recent books are OBJECTIVITY AND THE鈥 RULE OF LAW (Cambridge University Press, 2007); MORAL REALISM AS A MORAL鈥鼶OCTRINE (Blackwell, 2009); THE ETHICS OF CAPITAL PUNISHMENT (Oxford鈥 University Press, 2011); TORTURE AND MORAL INTEGRITY (Oxford University鈥 Press, 2014); LIBERALISM WITH EXCELLENCE (Oxford University Press, 2017);鈥 and H.L.A. HART: THE NATURE OF LAW (Polity Press, 2018).听

C茅cile听Laborde听holds the Nuffield Chair of Political Theory at the University of Oxford. She was the Founding Director of 果冻影院鈥檚 Religion and Political Theory Centre. In 2013 she was elected as a Fellow of the British Academy.鈥 She has published widely on theories of law and the state, pluralism, syndicalism, and on contemporary theories of nationalism, toleration, republicanism, multiculturalism, secularism and global justice. Her work has appeared in major journals of political and legal theory. She is notably the author of鈥疨luralist Thought and the State鈥(2000) and鈥疌ritical Republicanism鈥(2008). Edited volumes include鈥疪epublicanism and Political Theory鈥(2007) and鈥疪eligion in Liberal Political Philosophy鈥(2017). Her last monograph,鈥疞iberalism's Religion, was published by Harvard UP in 2017.听

Nomi Claire Lazar听is Associate Professor of鈥疨olitics and Associate Dean of Faculty at Yale-NUS College in Singapore. Professor听Lazar's听work addresses鈥痶ensions between institutions and agency as they emerge鈥痠n crisis politics. Specifically, she writes about鈥痵tates of emergency,鈥痗risis rhetoric, political legitimacy,鈥痑nd the politics of time and temporality.鈥疕er鈥痓ooks include鈥疧ut of Joint: Power, Crisis and the Rhetoric of Time鈥(Yale, 2019) and鈥疭tates of Emergency in Liberal Democracies鈥(Cambridge, 2009). Professor Lazar鈥痟olds degrees in philosophy (Toronto), legal and political thought鈥(果冻影院) and a PhD in鈥痯olitics (Yale) and has taught at the University of Chicago, Yale, and in the Graduate School of Public and International Affairs in her hometown of Ottawa, Canada.鈥疘n addition to her academic work, Lazar鈥痵erved鈥痮n鈥痶he Criminal Law Policy team that developed Canada's youth justice strategy.听

George Letsas听holds a chair in the Philosophy of Law at 果冻影院 since 2014. His main research interests are in jurisprudence and human rights with particular emphasis on the philosophy of rights, human rights theory, constitutional theory, theory of European law, theory of private law and the European Convention on Human Rights. He has written extensively on issues surrounding the interpretation of human rights (margin of appreciation, living instrument, proportionality) and the bearing of moral and political philosophy on legal theory (law and conventions, the normativity of law, pluralism, law and polity). He is the author of听A Theory of Interpretation of the European Convention on Human Rights听(OUP) and co-editor of听Philosophical Foundations of Contract Law听(OUP).

Annabelle Lever听is a professor of political theory at IEP, Paris (SciencesPo) and co-editor of the鈥疌ritical Review of International Social and Political Philosophy.鈥疭he is the author of鈥疧n Privacy鈥痑nd鈥疉 Democratic Conception of Privacy鈥痑s well as articles on sexual and racial equality, intellectual property, security, the ethics of voting and democratic theory.鈥 She co-edited鈥疶he Routledge Handbook of Ethics and Public Policy鈥痺ith Andrei听Poama听and a collection of essays in honour of Joshua Cohen,鈥疘deas that Matter: Justice Democracy and Rights,鈥痺ith Debra听Satz听and is the editor of鈥疦ew Frontiers in the Philosophy of Intellectual Property.鈥疭he is working on a monograph,鈥疉 Democratic Conception of Ethics鈥痑nd a short book on the ethics of voting.听

Jacob鈥 T.鈥 Levy鈥痠s鈥疶omlinson鈥疨rofessor鈥痮f Political Theory,鈥疨rofessor鈥痮f Political Science, associated faculty in the Department of Philosophy, coordinator of the Research Group on Constitutional Studies, and founding director of the Yan P. Lin Centre for the Study of Freedom and Global Orders鈥痠n the Ancient and Modern Worlds at McGill University. He鈥痠s鈥痶he author of鈥疶he Multiculturalism of Fear鈥(OUP 2000) and鈥疪ationalism, Pluralism, and Freedom鈥(OUP 2015), and editor or coeditor of鈥疌olonialism and Its Legacies, Nomos LV: Federalism and Subsidiarity,鈥痑nd the forthcoming鈥疧xford Handbook of Classics in Contemporary Political Theory.鈥 He is the field editor for political theory of鈥疶he Journal of Politics.鈥疕e holds a B.A. in Political Science from Brown University, an M.A. and Ph.D. in Politics from Princeton University, and an LL.M. from the University of Chicago Law School. His current book project is entitled鈥疛ustice in Babylon鈥痑nd it draws on recent work including ","鈥疎uropean Journal of Political Theory,鈥痑nd ","鈥疭ocial Philosophy and Policy.听

Martin Loughlin听is Professor of Public Law at the London School of Economics & Political Science. His publications include听Local Government in the Modern State听(1986),听Public Law and Political Theory听(1992),听Legality and Locality听(1996),听Sword and Scales听(2000),听The Idea of Public Law听(2003),听Foundations of Public Law听(2010),听The British Constitution: A Very Short Introduction听(2013) and听Political Jurisprudence听(2017).

Christoph M枚llers is a Professor of Public Law and Jurisprudence, Faculty of Law, Humboldt-University Berlin and a Permanent Fellow at the Institute for Advanced Study Berlin. His main research interests include German, European and comparative constitutional law, regulated industries, democratic theory in public law, and the theory of normativity. He was a Fellow at NYU School of Law and at the Wissenschaftskolleg zu Berlin and visiting Professor at CEU, Princeton University, LSE and Universit茅s Paris I and II. He is a member of the Berlin-Brandenburg Academy of Sciences, and was a judge at the Superior Administrative Court in Berlin. M枚llers has represented the Federal Government and Parliament as well as other parties in the German Federal Constitutional Court. In 2016, he was awarded the Gotthold-Wilhelm-Leibniz-Prize of the German Research Council. His works have been translated into English, French, Spanish, Chinese and Japanese. His last English publications include The Three Branches (OUP 2013) and The Court without Limits (co-author, forthcom. OUP 2019). A monograph on social norms is currently in translation into English.

Philip Pettit听is听L.S.Rockefeller听University Professor of Human Values at听Princeton University and听Distinguished Professor of Philosophy at听the Australian National University. He has worked in a range of areas, including ethical and political theory; the theory of collective and corporate agency; and the philosophy of mind. He has published听a number of听books in those areas, most recently听Just Freedom听(Norton 2014),听The Robust Demands of the Good听(OUP 2014), and听The Birth of Ethics听(OUP 2018).听He gave the Tanner Lectures in Human Values in Berkeley in 2015 and听the听John Locke Lectures in Philosophy in Oxford 2019.听Common Minds: Themes from the Philosophy of Philip Pettit鈥痑ppeared from OUP in 2007, edited by Geoffrey Brennan听et al.鈥

Helder鈥 De鈥 Schutter鈥痠s Professor of Social and Political Philosophy at KU Leuven. He works on normative issues of language policy, federalism in multinational states, migration, and on the role of territoriality in justice. He also has a strong interest in 18th century philosophy of language.鈥疕e has held visiting research positions at Princeton University (in 2006, and as a Fung Global Fellow鈥痠n 2013-2014) and at the University of Oxford, Nuffield College (2008-2009), and was听a 鈥痯art-time guest professor at the鈥疷niversit茅鈥疌atholique鈥痙e Louvain from 2010 until 2016 to teach 'Political Philosophy and the European Union' (with Philippe Van鈥疨arijs). He currently coordinates KU Leuven鈥檚鈥疌entre for Ethics, Social and Political Philosophy鈥痑nd supervises鈥(together with Leuven colleagues听Eszter听Kollar听and Johan听Olsthoorn) a research project involving鈥5 researchers addressing the normative grounds of differentiated rights for immigrants and citizens.听

Nadia听Urbinati,听Kyriakos听Tsakopoulos听Professor of Political Theory in the Department of Political Science, Columbia University.鈥 Her most recent books are鈥疶he Tyranny of the Moderns鈥(Yale University Press 2016),鈥疍emocracy Disfigured: Opinion, Truth and the People鈥(Harvard University Press 2014) and Me听The听People: How Populism Transforms Democracy (Harvard University Press 2019).听

QUERIES

Please send queries to the 果冻影院 Laws Events team at听laws-events@ucl.ac.uk.听Inquiries about the conference may be sent to jeff.king@ucl.ac.uk听 or听r.bellamy@ucl.ac.uk