Democratic Experimentalism

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Democratic Experimentalism

Author : Brian E. Butler
Publisher : Rodopi
ISBN 13 : 940120926X
Total Pages : 321 pages
Book Rating : 4.4/5 (12 download)

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Book Synopsis Democratic Experimentalism by : Brian E. Butler

Download or read book Democratic Experimentalism written by Brian E. Butler and published by Rodopi. This book was released on 2013 with total page 321 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume focuses on democratic experimentalism, gathering a collection of original and previously unpublished essays focusing upon its major outlines, as well as specific aspects ¿ both promising and troublesome - of this theoretical approach. Together these essays offer conceptions of democracy and democratic governance that emphasize and highlight experimentalist aspects of pragmatic thought, particularly Deweyan pragmatism, and its relationship to instantiation in concrete social and political institutions. Issues of democratic governance, political organization and the relationship of law to democracy are analyzed.

The Democratic Constitution

Author : Brian E. Butler
Publisher : University of Chicago Press
ISBN 13 : 022647464X
Total Pages : 258 pages
Book Rating : 4.2/5 (264 download)

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Book Synopsis The Democratic Constitution by : Brian E. Butler

Download or read book The Democratic Constitution written by Brian E. Butler and published by University of Chicago Press. This book was released on 2017-08-21 with total page 258 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Supreme Court is seen today as the ultimate arbiter of the Constitution. Once the Court has spoken, it is the duty of the citizens and their elected officials to abide by its decisions. But the conception of the Supreme Court as the final interpreter of constitutional law took hold only relatively recently. Drawing on the pragmatic ideals characterized by Charles Sanders Peirce, John Dewey, Charles Sabel, and Richard Posner. Brian E. Butler shows how this conception is inherently problematic for a healthy democracy. Butler offers an alternative democratic conception of constitutional law, “democratic experimentalism,” and applies it in a thorough reconstruction of Supreme Court cases across the centuries, such as Brown v. Board of Education, Citizens United v. Federal Election Commission, Lucas v. South Carolina Coastal Council, and Lochner v. New York. In contrast to the traditional tools and conceptions of legal analysis that see the law as a formally unique and separate type of practice, democratic experimentalism combines democratic aims and experimental practice. Butler also suggests other directions jurisprudential roles could take: for example, adjudication could be performed by primary stakeholders with better information. Ultimately, Butler argues persuasively for a move away from the current absolute centrality of courts toward a system of justice that emphasizes local rule and democratic choice.

Searching for Contemporary Legal Thought

Author : Justin Desautels-Stein
Publisher : Cambridge University Press
ISBN 13 : 1108365221
Total Pages : 596 pages
Book Rating : 4.1/5 (83 download)

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Book Synopsis Searching for Contemporary Legal Thought by : Justin Desautels-Stein

Download or read book Searching for Contemporary Legal Thought written by Justin Desautels-Stein and published by Cambridge University Press. This book was released on 2017-12-28 with total page 596 pages. Available in PDF, EPUB and Kindle. Book excerpt: For more than a century, law schools have trained students to 'think like a lawyer'. In these times of legal crisis, both in legal education and in global society, what does that mean for the rest of us? In this book, thirty leading international scholars - including Louis Assier-Andrieu, Marianne Constable, Yves Dezalay, Denise Ferreira da Silva, Bryant Garth, Peter Goodrich, Duncan Kennedy, Martti Koskenniemi, Shaun McVeigh, Samuel Moyn, Annelise Riles, Charles Sabel and William Simon - examine what is distinctive about legal thought. They probe the relation between law and time, law and culture, and legal thought and legal action; the nature of current legal thought; the geography of legal thought; and the conditions for recognition of a new 'contemporary' style of law. This work will help theorists, social scientists, historians and students understand the intellectual context of legal problems, legal doctrine, and jurisprudential trends in the current conjuncture.

Deweyan Experimentalism and the Problem of Method in Political Philosophy

Author : Joshua Forstenzer
Publisher : Routledge
ISBN 13 : 1351064444
Total Pages : 259 pages
Book Rating : 4.3/5 (51 download)

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Book Synopsis Deweyan Experimentalism and the Problem of Method in Political Philosophy by : Joshua Forstenzer

Download or read book Deweyan Experimentalism and the Problem of Method in Political Philosophy written by Joshua Forstenzer and published by Routledge. This book was released on 2019-03-13 with total page 259 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book proposes a pragmatist methodological framework for generating practically relevant political philosophy. It draws on John Dewey’s social and political philosophy to develop an "experimentalist" method, thus charting a middle course between idealism and realism in political philosophy. Deweyan experimentalism promises to balance civic deliberation, empirical facts, and moral considerations by reconstructing Dewey’s pragmatist conceptions of ‘philosophy’ and ‘democracy’ from the perspective of social action. While some authors have taken the steps to articulate Dewey’s experimentalism, they have focused on institutional rather than methodological implications. This book is original in the ways in which it situates the role of ideas in political practice and contemporary political problems. Additionally, it underlines the similarities between today and the historical context in which Dewey wrote, connects Dewey’s social and political philosophy to Greek and Roman mythology, and concludes with a timely case study in which the author’s methodological insights are applied. The result is a book that offers a focused reconstruction of Dewey’s work and shows its relevance for engaging with contemporary issues in political philosophy and political theory.

Democracy Realized

Author : Roberto Mangabeira Unger
Publisher : Verso
ISBN 13 : 9781859840092
Total Pages : 324 pages
Book Rating : 4.8/5 (4 download)

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Book Synopsis Democracy Realized by : Roberto Mangabeira Unger

Download or read book Democracy Realized written by Roberto Mangabeira Unger and published by Verso. This book was released on 2000-06-17 with total page 324 pages. Available in PDF, EPUB and Kindle. Book excerpt: Unger gives detailed content to a progressive and practical alternative to neoliberalism and institutionally conservative social democracy in a strategy that has drawn increasing attention throughout the world as well as in his native Brazil.

Just Giving

Author : Rob Reich
Publisher : Princeton University Press
ISBN 13 : 0691202273
Total Pages : 258 pages
Book Rating : 4.6/5 (912 download)

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Book Synopsis Just Giving by : Rob Reich

Download or read book Just Giving written by Rob Reich and published by Princeton University Press. This book was released on 2020-05-05 with total page 258 pages. Available in PDF, EPUB and Kindle. Book excerpt: The troubling ethics and politics of philanthropy Is philanthropy, by its very nature, a threat to today’s democracy? Though we may laud wealthy individuals who give away their money for society’s benefit, Just Giving shows how such generosity not only isn’t the unassailable good we think it to be but might also undermine democratic values. Big philanthropy is often an exercise of power, the conversion of private assets into public influence. And it is a form of power that is largely unaccountable and lavishly tax-advantaged. Philanthropy currently fails democracy, but Rob Reich argues that it can be redeemed. Just Giving investigates the ethical and political dimensions of philanthropy and considers how giving might better support democratic values and promote justice.

Experimentalist Governance in the European Union

Author : Charles F. Sabel
Publisher : Oxford University Press on Demand
ISBN 13 : 0199572496
Total Pages : 385 pages
Book Rating : 4.1/5 (995 download)

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Book Synopsis Experimentalist Governance in the European Union by : Charles F. Sabel

Download or read book Experimentalist Governance in the European Union written by Charles F. Sabel and published by Oxford University Press on Demand. This book was released on 2010-02-25 with total page 385 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book brings together a distinguished interdisciplinary group of European and American scholars to analyze the core theoretical features of the EU's new experimentalist governance architecture and explore its empirical development across a series of key policy domains.

Pragmatism and the Wide View of Democracy

Author : Roberto Frega
Publisher : Springer
ISBN 13 : 3030185613
Total Pages : 427 pages
Book Rating : 4.0/5 (31 download)

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Book Synopsis Pragmatism and the Wide View of Democracy by : Roberto Frega

Download or read book Pragmatism and the Wide View of Democracy written by Roberto Frega and published by Springer. This book was released on 2019-06-22 with total page 427 pages. Available in PDF, EPUB and Kindle. Book excerpt: The aim of this book is to provide a fresh, wider, and more compelling account of democracy than the one we usually find in conventional contemporary political theory. Telling the story of democracy as a broad societal project rather than as merely a political regime, Frega delivers an account more in tune with our everyday experience and ordinary intuitions, bringing back into political theory the notion that democracy denotes first and foremost a form of society, and only secondarily a specific political regime. The theoretical shift accomplished is major. Claiming that such a view of democracy is capable of replacing the mainstream categories of justice, freedom and non-domination in their hegemonic function of all-encompassing political concepts, Frega then argues for democracy as the broader normative framework within which to rethink the meaning and forms of associated living in all spheres of personal, social, economic, and political life. Drawing on diverse traditions of American pragmatism and critical theory, as well as tackling political issues which are at the core of contemporary theoretical debates, this book invites a rethinking of political theory to one more concerned with the political circumstances of social life, rather than remaining confined in the narrowly circumscribed space of a theory of government.

The Law of Political Economy

Author : Poul F. Kjaer
Publisher : Cambridge University Press
ISBN 13 : 1108493114
Total Pages : 423 pages
Book Rating : 4.1/5 (84 download)

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Book Synopsis The Law of Political Economy by : Poul F. Kjaer

Download or read book The Law of Political Economy written by Poul F. Kjaer and published by Cambridge University Press. This book was released on 2020-04-23 with total page 423 pages. Available in PDF, EPUB and Kindle. Book excerpt: "Political economy themes have - directly and indirectly - been a central concern of law and legal scholarship ever since political economy emerged as a concept in the early seventeenth century, a development which was re-inforced by the emergence of political economy as an independent area of scholarly enquiry in the eighteenth century, as developed by the French physiocrats. This is not surprising in so far as the core institutions of the economy and economic exchanges, such as property and contract, are legal institutions.In spite of this intrinsic link, political economy discourses and legal discourses dealing with political economy themes unfold in a largely separate manner. Indeed, this book is also a reflection of this, in so far as its core concern is how the law and legal scholarship conceive of and approach political economy issues"--

Transformative Change and Real Utopias in Early Childhood Education

Author : Peter Moss
Publisher : Routledge
ISBN 13 : 1317700872
Total Pages : 238 pages
Book Rating : 4.3/5 (177 download)

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Book Synopsis Transformative Change and Real Utopias in Early Childhood Education by : Peter Moss

Download or read book Transformative Change and Real Utopias in Early Childhood Education written by Peter Moss and published by Routledge. This book was released on 2014-04-24 with total page 238 pages. Available in PDF, EPUB and Kindle. Book excerpt: Early childhood education and care is a major policy issue for national governments and international organisations. This book contests two stories, both infused by neoliberal thinking, that dominate early childhood policy making today - ‘the story of quality and high returns’ and ‘the story of markets’, stories that promise high returns on investment if only the right technologies are applied to children and the perfection of a system based on competition and individual choice. But there are alternative stories and this book tells one: a ‘story of democracy, experimentation and potentiality’ in which early childhood centres are public spaces and public resources, places where democracy and experimentation are fundamental values, community workshops for realising the potentiality of citizens. This story calls for transformative change but offers a real utopia, both viable and achievable. The book discusses some of the conditions needed for the story’s enactment and shows what it means in practice in a chapter about project work contributed by a Swedish preschool teacher. Critical but hopeful, this book is an important contribution to resisting the dictatorship of no alternative and renewing a democratic politics of early childhood education. It is essential reading for students and teachers, researchers and other academics, and for all other concerned citizens.

The Constitution of the Environmental Emergency

Author : Jocelyn Stacey
Publisher : Bloomsbury Publishing
ISBN 13 : 1509920285
Total Pages : 283 pages
Book Rating : 4.5/5 (99 download)

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Book Synopsis The Constitution of the Environmental Emergency by : Jocelyn Stacey

Download or read book The Constitution of the Environmental Emergency written by Jocelyn Stacey and published by Bloomsbury Publishing. This book was released on 2018-04-19 with total page 283 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book argues for a reframing of environmental law. It starts from the premise that all environmental issues confront lawmakers as emergencies. Environmental issues pose a fundamental challenge to law because it is impossible to reliably predict which issues contain the possibility of an emergency and what to do in response to such an unforeseen event. These features undermine the conventional understanding of the rule of law. This book argues that approaching environmental issues from the emergency perspective leads us to an understanding of the rule of law that requires public justification. This requirement recentres the debates in environmental law around the question of why governance under the rule of law is something worth having in the environmental context. It elaborates what the rule of law requires of decision-makers in light of our ever-present vulnerability to catastrophic environmental harm. Controversial, compelling and above all timely, this book presents an important new perspective on environmental law.

Justice Alternatives

Author : Pat Carlen
Publisher : Routledge
ISBN 13 : 0429886837
Total Pages : 394 pages
Book Rating : 4.4/5 (298 download)

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Book Synopsis Justice Alternatives by : Pat Carlen

Download or read book Justice Alternatives written by Pat Carlen and published by Routledge. This book was released on 2019-07-11 with total page 394 pages. Available in PDF, EPUB and Kindle. Book excerpt: Justice is one of the most debated and reinterpreted of concepts within the fields of law, criminology and criminal justice. Bringing together 35 leading thinkers, analysts and campaigners from around the world, this collection presents a range of on-going struggles for justice from abolitionist, transitional, transformative, indigenous, green and restorative perspectives. Against a background of contemporary concerns about dark money, plutocracies and populism, these chapters raise questions about the relationships between social justice and criminal justice and between democracy, knowledge and justice. Overall, the chapters also demonstrate the breadth, variety and vibrancy of contemporary criminology and include, amongst other cutting-edge contributions, chapters by John Braithwaite, Michelle Brown, Ian Loader, Pat O’Malley, Joe Sim, Susanne Karstedt, Phil Scraton, Richard Sparks, Loïc Wacquant and Sandra Walklate. Justice Alternatives is essential reading for students of criminology, criminal justice and law, as well as for other scholars and activists concerned about social justice, policing, courts, imprisonment, mass supervision, rights and privatized justice. The book’s emphasis upon the importance of imagination, experimentation, innovation and debate aims to promote an optimism that there are always alternatives to inequality, domination and oppression.

American Experimental Poetry and Democratic Thought

Author : Alan Marshall
Publisher : OUP Oxford
ISBN 13 :
Total Pages : 342 pages
Book Rating : 4.F/5 ( download)

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Book Synopsis American Experimental Poetry and Democratic Thought by : Alan Marshall

Download or read book American Experimental Poetry and Democratic Thought written by Alan Marshall and published by OUP Oxford. This book was released on 2009 with total page 342 pages. Available in PDF, EPUB and Kindle. Book excerpt: Alan Marshall takes Alexis de Tocqueville's discussion of 'Some Sources of Poetic Inspiration in Democracies' in the second volume of his Democracy in America as the starting point for a wide-ranging examination of the nature of democratic thought and expression in American experimental poetry, from Walt Whitman and Emily Dickinson in the mid-nineteenth century, to George Oppen, Frank O'Hara, and Robert Creeley a century later. The book begins by considering the political significance of what Marshall describes as 'the invisible physiognomy' of Whitman's poetry, which is followed by a re-evaluation of the flawed republican humanism of Ezra Pound in the light of the thought of Hannah Arendt. Other chapters deal with Mina Loy, Lorine Niedecker, Wallace Stevens, William Carlos Williams, and Muriel Rukeyser. The book argues against the narrowly ideological interpretation of politics that dominates contemporary literary studies. To that extent it recalls Tocquevilles concern to underline the differences between his own methods and perspectives and the historical determinism of his contemporaries. Marshall brings together an exceptional variety of theoretical writing, including works by Theodor Adorno, Seyla Benhabib, Stanley Cavell, Sigmund Freud, Martin Heidegger, Immanuel Kant, James Madison, Karl Marx, David Riesman, and Donald Winnicott, as he seeks to expand and develop Tocqueville's circumspect humanist critical trajectory. The chapters are conceived as a series of innovative dialogical constellations, to which the close reading of poetry is central. The aim throughout is to measure the thought of the poets or their poems against the thoughts of those who are more often called thinkers.

Australian Constitutional Values

Author : Rosalind Dixon
Publisher : Bloomsbury Publishing
ISBN 13 : 1509918426
Total Pages : 304 pages
Book Rating : 4.5/5 (99 download)

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Book Synopsis Australian Constitutional Values by : Rosalind Dixon

Download or read book Australian Constitutional Values written by Rosalind Dixon and published by Bloomsbury Publishing. This book was released on 2018-02-08 with total page 304 pages. Available in PDF, EPUB and Kindle. Book excerpt: Vigorous debate exists among constitutional scholars as to the appropriate 'modalities' of constitutional argument, and their relative weight. Many scholars, however, argue that one important modality of constitutional argument involves attention to underlying constitutional purposes or 'values'. In Australia, this kind of values-oriented approach has been advocated by leading constitutional scholars, and also finds support in the judgments of the High Court at various times, particularly during the Mason Court era. Much of the scholarly debate on constitutional values to date, however, focuses on whether the Court should in fact look to constitutional values in this way, not the kinds of values the Court should consider, given such an approach. This book responds to this gap in the existing scholarly literature, by inviting a range of leading Australian constitutional lawyers and scholars to address the relevance and scope of various substantive constitutional values, and how they might affect the Court's approach to constitutional interpretation in various contexts. It is essential reading for anyone seeking a deeper understanding of Australia's constitutional system.

Social and Economic Rights in Theory and Practice

Author : Helena Alviar García
Publisher : Routledge
ISBN 13 : 1317964438
Total Pages : 328 pages
Book Rating : 4.3/5 (179 download)

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Book Synopsis Social and Economic Rights in Theory and Practice by : Helena Alviar García

Download or read book Social and Economic Rights in Theory and Practice written by Helena Alviar García and published by Routledge. This book was released on 2014-09-19 with total page 328 pages. Available in PDF, EPUB and Kindle. Book excerpt: Since World War II, a growing number of jurisdictions in both the developing and industrialized worlds have adopted progressive constitutions that guarantee social and economic rights (SER) in addition to political and civil rights. Parallel developments have occurred at transnational level with the adoption of treaties that commit signatory states to respect and fulfil SER for their peoples. This book is a product of the International Social and Economic Rights Project (iSERP), a global consortium of judges, lawyers, human rights advocates, and legal academics who critically examine the effectiveness of SER law in promoting real change in people’s lives. The book addresses a range of practical, political, and legal questions under these headings, with acute sensitivity to the racial, cultural, and gender implications of SER and the path-breaking SER jurisprudence now emerging in the "Global South". The book brings together internationally renowned experts in the field of social and economic rights to discuss a range of rights controversies from both theoretical and practical perspectives. Contributors of the book consider specific issues in the litigation and adjudication of SER cases from the differing standpoints of activists, lawyers, and adjudicators in order to identify and address the specific challenges facing the SER community. This book will be of great use and interest to students and scholars of comparative constitutional law, human rights, public international law, development studies, and democratic political theory.

Democracy, Law and Governance

Author : Jacques Lenoble
Publisher : Routledge
ISBN 13 : 1317153030
Total Pages : 308 pages
Book Rating : 4.3/5 (171 download)

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Book Synopsis Democracy, Law and Governance by : Jacques Lenoble

Download or read book Democracy, Law and Governance written by Jacques Lenoble and published by Routledge. This book was released on 2016-05-13 with total page 308 pages. Available in PDF, EPUB and Kindle. Book excerpt: Democracy, Law and Governance details the transformation of the modes of governance of contemporary developed democracies and aims to define the conditions required for promoting public interest in their public policy. Firstly, the volume illustrates why a sound theoretical approach to the concept of law results in opening up the theory of law to the debate on governance in the social sciences. Secondly, it reconstructs the underpinnings of recent debate on governance, focusing on the pragmatist turn that has marked efforts to overcome the inadequacies of both the economic and the deliberative approaches. In fulfilling this second goal, it examines the advances yielded by the pragmatist turn as well as its limitations, and concludes by proposing a theoretical approach for dealing with them. This illuminating book applies recent research in both theory of law and theory of governance to deepen the analytic impact of the recent pragmatist revival.

Democratization and Struggles Against Injustice

Author : Justo Serrano Zamora
Publisher : Rowman & Littlefield
ISBN 13 : 153815157X
Total Pages : 233 pages
Book Rating : 4.5/5 (381 download)

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Book Synopsis Democratization and Struggles Against Injustice by : Justo Serrano Zamora

Download or read book Democratization and Struggles Against Injustice written by Justo Serrano Zamora and published by Rowman & Littlefield. This book was released on 2021-07-07 with total page 233 pages. Available in PDF, EPUB and Kindle. Book excerpt: In specialized literature as well as in the eyes of regular citizens, social movements are often considered to be actors of democratization. Among other things, social movements criticize existing deficits in democratic systems; they promote practices of deliberation and enact non-hierarchical structures that challenge existing democratic institutions. Very often, these challenges emerge from the context of struggle against unjust situations involving social exclusion, economic inequalities or the violation of fundamental rights. Democratization and Struggles Against Injustice draws on the insights of one of the greatest American philosophers, John Dewey, as well as on some central intuitions of Frankfurt School Critical Theory to account for the connection between the democratic potential of social movements and their capacity to articulate injustice and promote just social relations. Particularly, it develops the idea that this double capacity can be explained by introduction of the pragmatist notion of experimental inquiry into the analysis of the epistemic practices of the mobilized. By introducing pragmatist epistemology to the study of social movements, Democratization and Struggles Against Injustice broadens the possibilities for their emancipatory potential.