Jurisdictional Due Process and Political Theory

Abstract

This paper is about the link between due process and political theory, and more specifically, about the link between a particular sort of due process issue and political theory. The goal is to add to the agenda an important legal issue that has not captured its fair share of philosophical attention. As this symposium demonstrates, procedural due process analysis has benefited greatly from the attention of legal philosophers. Its foundations are far clearer and more interesting than they would be if left to straight doctrinal analysis. The time has come for legal philosophers, and philosophically inclined lawyers, to shine some comparable light on the foundations of jurisdiction.