Abstract

Considers the merits of the Locke‐inspired Jeffersonian idea that laws enacted by those who once lived in one's country but are now dead have no authority over the living and hence should lapse unless they are reaffirmed by a democratic majority vote of the living. Considers and rejects consequentialist, communitarian, and Madisonian attempts to justify the authority of the dead over the living. Draws on Ch. 5 to propose and endorse an account based on unanimous Lockean consent of how the laws of the dead can legitimately bind the living.