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Democratic Transgressions Of Law
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Book Synopsis Democratic Transgressions of Law by : Alfons Bora
Download or read book Democratic Transgressions of Law written by Alfons Bora and published by BRILL. This book was released on 2010-01-01 with total page 316 pages. Available in PDF, EPUB and Kindle. Book excerpt: Participation of concerned actors and the public is a central element in the legal regulation of science and technology. In constitutional democracy, these participatory forms are governed by the rule of law. The volume critically examines participatory governance in this realm and makes suggestions with respect to further institutional and political-cultural developments. It assembles contributions of a broad interdisciplinary range within a comparative research programme, opening the black box of participatory governance in legal procedure. The contributions are the result of almost a decade of fruitful discussion between he authors. They also demonstrate the potential of a cross-disciplinary approach that stretches from sociology, via political science and jurisprudence to hermeneutics, linguistics and conversation analysis.
Book Synopsis Democracy and the Rule of Law by : Adam Przeworski
Download or read book Democracy and the Rule of Law written by Adam Przeworski and published by Cambridge University Press. This book was released on 2003-07-21 with total page 338 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book addresses the question of why governments sometimes follow the law and other times choose to evade the law. The traditional answer of jurists has been that laws have an autonomous causal efficacy: law rules when actions follow anterior norms; the relation between laws and actions is one of obedience, obligation, or compliance. Contrary to this conception, the authors defend a positive interpretation where the rule of law results from the strategic choices of relevant actors. Rule of law is just one possible outcome in which political actors process their conflicts using whatever resources they can muster: only when these actors seek to resolve their conflicts by recourse to la, does law rule. What distinguishes 'rule-of-law' as an institutional equilibrium from 'rule-by-law' is the distribution of power. The former emerges when no one group is strong enough to dominate the others and when the many use institutions to promote their interest.
Book Synopsis The Constitution of Equality by : Thomas Christiano
Download or read book The Constitution of Equality written by Thomas Christiano and published by OUP Oxford. This book was released on 2010-06-10 with total page 320 pages. Available in PDF, EPUB and Kindle. Book excerpt: What is the ethical basis of democracy? And what reasons do we have to go along with democratic decisions even when we disagree with them? And when do we have reason to say that we may justly ignore democratic decisions? These questions must be answered if we are to have answers to some of the most important questions facing our global community, which include whether there is a human right to democracy and whether we must attempt to spread democracy throughout the globe. This book provides a philosophical account of the moral foundations of democracy and of liberalism. It shows how democracy and basic liberal rights are grounded in the principle of public equality, which tells us that in the establishment of law and policy we must treat persons as equals in ways they can see are treating them as equals. The principle of public equality is shown to be the fundamental principle of social justice. This account enables us to understand the nature and roles of adversarial politics and public deliberation in political life. It gives an account of the grounds of the authority of democracy. It also shows when the authority of democracy runs out. The author shows how the violations of democratic and liberal rights are beyond the legitimate authority of democracy, how the creation of persistent minorities in a democratic society, and the failure to ensure a basic minimum for all persons weaken the legitimate authority of democracy.
Book Synopsis Laws of Transgression by : Peter Goodrich
Download or read book Laws of Transgression written by Peter Goodrich and published by University of Toronto Press. This book was released on 2022-03-31 with total page 277 pages. Available in PDF, EPUB and Kindle. Book excerpt: Laws of Transgression offers multiple perspectives on the story of Daniel Paul Schreber (1842–1911), a chamber president of the German Supreme Court who was institutionalized after claiming God had communicated with him, desiring to make him into a woman. Schreber was not only a successful judge, but was also to become the author of one of the most commented upon texts in psychiatric literature, Memoirs of My Nervous Illness. Published in 1903, this remarkable work documented Schreber’s visions, desires, jurisprudence, and theology. Far from ending the judge’s legal investments, it manifested an intensification of engagement with the law in the attempt to prove that becoming a woman did not deprive the judge of legal competence. Schreber’s experience of bodily change and his account of interior life has been the subject of more than a century of psychoanalytic and medical scrutiny. With the contemporary trans turn, interest in the judge’s desire to become a woman has intensified. In Laws of Transgression, Peter Goodrich, Katrin Trüstedt, and contributing authors set out to unfold Schreber’s complex relation to the law. The collection revisits and rediscovers the Memoirs, not only in its juridical and political implications, but as a transgressional text that has challenged law and heteronormativity.
Book Synopsis Overruling Democracy by : Jamin B. Raskin
Download or read book Overruling Democracy written by Jamin B. Raskin and published by Psychology Press. This book was released on 2004 with total page 316 pages. Available in PDF, EPUB and Kindle. Book excerpt: The current five-vote majority on the Supreme Court may be the most divisive, anti-democratic court in American history. Overruling Democracy disputes the majority's awful rulings on third parties, race, high schools and corporations.
Book Synopsis The Rule of Law in the EU by : Luisa Antoniolli
Download or read book The Rule of Law in the EU written by Luisa Antoniolli and published by Springer Nature. This book was released on with total page 333 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis The Problems of Genocide by : A. Dirk Moses
Download or read book The Problems of Genocide written by A. Dirk Moses and published by Cambridge University Press. This book was released on 2021-02-04 with total page 611 pages. Available in PDF, EPUB and Kindle. Book excerpt: Historically delineates the problems of genocide as a concept in relation to rival categories of mass violence.
Book Synopsis Rethinking the Rule of Law After Communism by : Adam Czarnota
Download or read book Rethinking the Rule of Law After Communism written by Adam Czarnota and published by Central European University Press. This book was released on 2005-01-01 with total page 380 pages. Available in PDF, EPUB and Kindle. Book excerpt: "This book is concerned to assess, and to draw some of the implications of, the legal developments of these last dozen or so years, specifically as they speak to issues of constitutionalism, dealing with the past, and the rule of law."--Introduction.
Book Synopsis How Democracies Die by : Steven Levitsky
Download or read book How Democracies Die written by Steven Levitsky and published by Crown. This book was released on 2019-01-08 with total page 321 pages. Available in PDF, EPUB and Kindle. Book excerpt: NEW YORK TIMES BESTSELLER • “Comprehensive, enlightening, and terrifyingly timely.”—The New York Times Book Review (Editors' Choice) WINNER OF THE GOLDSMITH BOOK PRIZE • SHORTLISTED FOR THE LIONEL GELBER PRIZE • NAMED ONE OF THE BEST BOOKS OF THE YEAR BY The Washington Post • Time • Foreign Affairs • WBUR • Paste Donald Trump’s presidency has raised a question that many of us never thought we’d be asking: Is our democracy in danger? Harvard professors Steven Levitsky and Daniel Ziblatt have spent more than twenty years studying the breakdown of democracies in Europe and Latin America, and they believe the answer is yes. Democracy no longer ends with a bang—in a revolution or military coup—but with a whimper: the slow, steady weakening of critical institutions, such as the judiciary and the press, and the gradual erosion of long-standing political norms. The good news is that there are several exit ramps on the road to authoritarianism. The bad news is that, by electing Trump, we have already passed the first one. Drawing on decades of research and a wide range of historical and global examples, from 1930s Europe to contemporary Hungary, Turkey, and Venezuela, to the American South during Jim Crow, Levitsky and Ziblatt show how democracies die—and how ours can be saved. Praise for How Democracies Die “What we desperately need is a sober, dispassionate look at the current state of affairs. Steven Levitsky and Daniel Ziblatt, two of the most respected scholars in the field of democracy studies, offer just that.”—The Washington Post “Where Levitsky and Ziblatt make their mark is in weaving together political science and historical analysis of both domestic and international democratic crises; in doing so, they expand the conversation beyond Trump and before him, to other countries and to the deep structure of American democracy and politics.”—Ezra Klein, Vox “If you only read one book for the rest of the year, read How Democracies Die. . . .This is not a book for just Democrats or Republicans. It is a book for all Americans. It is nonpartisan. It is fact based. It is deeply rooted in history. . . . The best commentary on our politics, no contest.”—Michael Morrell, former Acting Director of the Central Intelligence Agency (via Twitter) “A smart and deeply informed book about the ways in which democracy is being undermined in dozens of countries around the world, and in ways that are perfectly legal.”—Fareed Zakaria, CNN
Book Synopsis Democratic Backsliding and Public Administration by : Michael W. Bauer
Download or read book Democratic Backsliding and Public Administration written by Michael W. Bauer and published by Cambridge University Press. This book was released on 2021-08-26 with total page 351 pages. Available in PDF, EPUB and Kindle. Book excerpt: A timely new perspective on the impact of populism on the relationship between democracy and public administration.
Book Synopsis Etzioni’s Critical Functionalism by : David Sciulli
Download or read book Etzioni’s Critical Functionalism written by David Sciulli and published by BRILL. This book was released on 2011-01-17 with total page 533 pages. Available in PDF, EPUB and Kindle. Book excerpt: Written for social theorists and general readers (including undergraduates), David Sciulli's book is the first to explain not only how but also why Amitai Etzioni’s publications evolved from his dissertation to Active Society and Socio-Economics to Communitarianism.
Book Synopsis Eternity Clauses in Democratic Constitutionalism by : Silvia Suteu
Download or read book Eternity Clauses in Democratic Constitutionalism written by Silvia Suteu and published by Oxford University Press. This book was released on 2021-04 with total page 338 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book analyses unamendability in democratic constitutionalism and engages critically and systematically with its perils, offering a much-needed corrective to existing understandings of this phenomenon. Whether formalized in the constitutional text or developed as part of judicial doctrines of implicit unamendability, eternity clauses raise fundamental questions about the core democratic commitments underpinning any given constitution. The book takes seriously the democratic challenge eternity clauses pose and argues that this goes beyond the old tension between constitutionalism and democracy. Instead, eternity clauses reveal themselves to be a far more ambivalent constitutional mechanism, one with greater and more insidious potential for abuse than has been recognized. The 'dark side' of unamendability includes its propensity to insulate majoritarian, exclusionary, and internally incoherent values, as well as its sometimes purely pragmatic role in elite bargaining. The book adopts a contextual approach and brings to the fore a variety of case studies from non-traditional jurisdictions. These insights from the periphery illuminate the prospects of unamendability fulfilling its intended aims - protecting constitutional democracy foremost among them. With its promise most appealing in transitional, post-conflict, and fragile democracies, unamendability reveals itself, counterintuitively, to be both less potent and potentially more dangerous in precisely these contexts. The book also places the rise of eternity clauses in the context of other significant trends in recent constitutional practice: the transnational embeddedness of constitution-making and of constitutional adjudication; the rise of popular participation in constitutional reform processes; and the ongoing crisis of democratic backsliding in liberal democracies.
Book Synopsis Changing Legal and Civic Culture in an Illiberal Democracy by : István H. Szilágyi
Download or read book Changing Legal and Civic Culture in an Illiberal Democracy written by István H. Szilágyi and published by Routledge. This book was released on 2021-05-25 with total page 135 pages. Available in PDF, EPUB and Kindle. Book excerpt: Changing Legal and Civic Culture in an Illiberal Democracy is a unique empirical study on recent developments in legal and civic consciousness in Hungary. Drawing its methodology from social psychology, this book illuminates a shift in legal consciousness during the time in which Orbán’s government has cemented Hungary’s reputation as an illiberal democracy. The book foregrounds the voices of the Hungarian population in how they view the shift towards increasingly right-wing politics and an erosion of the rule of law. It opens with an extensive theoretical introduction of the historical development and psychological dimensions of legal consciousness in Hungary and relates the Hungarian research to international developments. It then presents its empirical results and offers a jargon-free account of ordinary people’s changing perceptions of their relationship to Hungary’s civic and legal cultures, before finally examining the correlations between surveys. Methodologically, the book establishes that theories of legal consciousness and social change are bolstered by empirical data. Offering a new way of approaching shifts in legal consciousness and the rule of law in Balkan and Eastern European countries, this text will be of great interest to researchers and students of social psychology, law, international relations and Central European studies.
Book Synopsis The Words That Made Us by : Akhil Reed Amar
Download or read book The Words That Made Us written by Akhil Reed Amar and published by Basic Books. This book was released on 2021-05-04 with total page 816 pages. Available in PDF, EPUB and Kindle. Book excerpt: A history of the American Constitution's formative decades from a preeminent legal scholar When the US Constitution won popular approval in 1788, it was the culmination of thirty years of passionate argument over the nature of government. But ratification hardly ended the conversation. For the next half century, ordinary Americans and statesmen alike continued to wrestle with weighty questions in the halls of government and in the pages of newspapers. Should the nation's borders be expanded? Should America allow slavery to spread westward? What rights should Indian nations hold? What was the proper role of the judicial branch? In The Words that Made Us, Akhil Reed Amar unites history and law in a vivid narrative of the biggest constitutional questions early Americans confronted, and he expertly assesses the answers they offered. His account of the document's origins and consolidation is a guide for anyone seeking to properly understand America's Constitution today.
Book Synopsis Democracy and Other Neoliberal Fantasies by : Jodi Dean
Download or read book Democracy and Other Neoliberal Fantasies written by Jodi Dean and published by Duke University Press. This book was released on 2009-09-02 with total page 230 pages. Available in PDF, EPUB and Kindle. Book excerpt: Democracy and Other Neoliberal Fantasies is an impassioned call for the realization of a progressive left politics in the United States. Through an assessment of the ideologies underlying contemporary political culture, Jodi Dean takes the left to task for its capitulations to conservatives and its failure to take responsibility for the extensive neoliberalization implemented during the Clinton presidency. She argues that the left’s ability to develop and defend a collective vision of equality and solidarity has been undermined by the ascendance of “communicative capitalism,” a constellation of consumerism, the privileging of the self over group interests, and the embrace of the language of victimization. As Dean explains, communicative capitalism is enabled and exacerbated by the Web and other networked communications media, which reduce political energies to the registration of opinion and the transmission of feelings. The result is a psychotic politics where certainty displaces credibility and the circulation of intense feeling trumps the exchange of reason. Dean’s critique ranges from her argument that the term democracy has become a meaningless cipher invoked by the left and right alike to an analysis of the fantasy of free trade underlying neoliberalism, and from an examination of new theories of sovereignty advanced by politicians and left academics to a look at the changing meanings of “evil” in the speeches of U.S. presidents since the mid-twentieth century. She emphasizes the futility of a politics enacted by individuals determined not to offend anyone, and she examines questions of truth, knowledge, and power in relation to 9/11 conspiracy theories. Dean insists that any reestablishment of a vital and purposeful left politics will require shedding the mantle of victimization, confronting the marriage of neoliberalism and democracy, and mobilizing different terms to represent political strategies and goals.
Book Synopsis Philosophy, Law and Culture of Liberal Democracy and the Authoritarian Challenge by : Suri Ratnapala
Download or read book Philosophy, Law and Culture of Liberal Democracy and the Authoritarian Challenge written by Suri Ratnapala and published by Cambridge Scholars Publishing. This book was released on 2024-07-11 with total page 426 pages. Available in PDF, EPUB and Kindle. Book excerpt: Liberal democracy is the great legacy of the Enlightenment; it has reduced world poverty, increased life expectancy, enriched lives by every measure of wellbeing and enlarged our moral compass. Yet, external threats to liberal democracy are posed by totalitarian regimes and their allies seeking to remake the world in their image, and internal pressures arise from opposition to liberal principles from the extremities of the ideological spectrum: radicalism on the left and nativist populism on the right. The defence of liberal democracy requires understanding of its foundational principles, epistemological norms, institutional framework, cultural underpinnings and economic settings. This book argues that the defence of liberal democracy against rising authoritarianism is the great moral imperative of our time. This work combines extensive legal analysis with the history and philosophy of liberal constitutionalism, institutional economics and ethical reasoning. It engages with opposing schools of thought, including radical critical theory and authoritarian ideologies of the right. The book is highly instructive on administrative and constitutional law, the epistemology and ethics of political liberalism and the nature and immediacy of the domestic and external threats to liberal democracy and fundamental rights and freedoms.
Download or read book Demons of Democracy written by Mark Davis and published by Mark Davis. This book was released on 2011-02-28 with total page 125 pages. Available in PDF, EPUB and Kindle. Book excerpt: Demons of Democracy describes the Constitutional Dementia that has pervaded the highest levels of government.It explains why the Constitution is being used as a doormat instead of a road map. Demons notes how a litigious army of a million strong has exploited the citizenry which empowers them. It covers why America is at war with its own identity and the freedoms we once thought were absolute may not be so free anymore.
