Review of Robert C. Post, Democracy, expertise, and academic freedom: a First Amendment jurisprudence for the modern state, New Haven: Yale University Press, 2012.

FEDERICO JOSÉ ARENA

Humanamente. Journal of Philosophical Studies

Humanamente

Año: 2015

1972-1293

In his brief, clear, elegantly written book, Robert Post offers an analysis of the relationship between the values and purposes of the First Amendment of the US Constitution and the practices that create and sustain disciplinary knowledge. Along his work, the author offers us not only a sharp insight into what might be considered a tension between the First Amendment and disciplinary knowledge, he also gives us the analytical tools to understand and, as he claims, to reconcile these two values. Some of the analytical tools are the distinctions between democratic legitimacy and democratic competence, and between constitutional coverage and protection1; and the elucidation of key concepts, such as public discourse, academic freedom, and university goals, between others. In order to carry on this endeavor the author proposes us to use the methodology of reflective equilibrium. Using the well-known method advanced by John Rawls, Post analyzes a rich set of US judicial decisions.