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Exit, Voice, and Disloyalty, 62 Duke Law Journal 1349 (2013)

Abstract

This Lecture begins with a puzzle about Albert Hirschman’s famous work Exit, Voice, and Loyalty: Why do we make much of exit and voice but utterly neglect loyalty? It’s a question that goes well beyond Hirschman’s book. For example, much of constitutional theory is preoccupied with a single question: What doesademocracy owe its minorities? And most of the answers to this question fit naturally into the two categories Hirschman made famous: voice and exit. On both the rights side and the structural side of constitutional theory, scholars worry about providing minorities with an adequate level of influence. And the solutions they propose almost inevitably offer minorities a chance at voice or exit, ] as if no other option exists. The First Amendment, for instance, offers minorities the right to free speech (voice) and private association (exit). Similarly, structural arrangements give minorities the chance to vote in national elections (voice) and in state elections (exit).

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2013

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