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Disputes And Democracy
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Book Synopsis Disputes and Democracy by : Steven Johnstone
Download or read book Disputes and Democracy written by Steven Johnstone and published by University of Texas Press. This book was released on 2010-07-05 with total page 223 pages. Available in PDF, EPUB and Kindle. Book excerpt: Athenians performed democracy daily in their law courts. Without lawyers or judges, private citizens, acting as accusers and defendants, argued their own cases directly to juries composed typically of 201 to 501 jurors, who voted on a verdict without deliberation. This legal system strengthened and perpetuated democracy as Athenians understood it, for it emphasized the ideological equality of all (male) citizens and the hierarchy that placed them above women, children, and slaves. This study uses Athenian court speeches to trace the consequences for both disputants and society of individuals' decisions to turn their quarrels into legal cases. Steven Johnstone describes the rhetorical strategies that prosecutors and defendants used to persuade juries and shows how these strategies reveal both the problems and the possibilities of language in the Athenian courts. He argues that Athenian "law" had no objective existence outside the courts and was, therefore, itself inherently rhetorical. This daring new interpretation advances an understanding of Athenian democracy that is not narrowly political, but rather links power to the practices of a particular institution.
Book Synopsis A Matter of Dispute by : Christopher J. Peters
Download or read book A Matter of Dispute written by Christopher J. Peters and published by Oxford University Press. This book was released on 2011-01-19 with total page 378 pages. Available in PDF, EPUB and Kindle. Book excerpt: Law often purports to require people, including government officials, to act in ways they think are morally wrong or harmful. What is it about law that can justify such a claim? In A Matter of Dispute: Morality, Democracy, and Law, Christopher J. Peters offers an answer to this question, one that illuminates the unique appeal of democratic government, the peculiar structure of adversary adjudication, and the contested legitimacy of constitutional judicial review. Peters contends that law should be viewed primarily as a device for avoiding or resolving disputes, a function that implies certain core properties of authoritative legal procedures. Those properties - competence and impartiality - give democracy its advantage over other forms of government. They also underwrite the adversary nature of common-law adjudication and the duties and constraints of democratic judges. And they ground a defense of constitutionalism and judicial review against persistent objections that those practices are "counter-majoritarian" and thus nondemocratic. This work canvasses fundamental problems within the diverse disciplines of legal philosophy, democratic theory, philosophy of adjudication, and public-law theory and suggests a unified approach to unraveling them. It also addresses practical questions of law and government in a way that should appeal to anyone interested in the complex and often troubled relationship among morality, democracy, and the rule of law. Written for specialists and non-specialists alike, A Matter of Dispute explains why each of us individually, and all of us collectively, have reason to obey the law - why democracy truly is a system of government under law.
Book Synopsis Multi-Party Dispute Resolution, Democracy and Decision-Making by : Carrie Menkel-Meadow
Download or read book Multi-Party Dispute Resolution, Democracy and Decision-Making written by Carrie Menkel-Meadow and published by Routledge. This book was released on 2017-05-15 with total page 602 pages. Available in PDF, EPUB and Kindle. Book excerpt: The articles selected for this volume draw on game theory, political science, psychology, sociology and anthropology to consider how the process of dispute resolution is altered, challenged and made more complex by the presence of multiple parties and/or multiple issues. The volume explores issues of coalition formation, defection, collaboration, commitments, voting practices, and joint decision making in settings of increasing human complexity. Also included are examples of concrete uses of deliberative democracy processes taken from new applications of complex dispute resolution theory and practice. The selected essays represent the latest theoretical advances and challenges in the field and demonstrate attempts to use dispute resolution theory in a wide variety of settings such as political decision making and policy formation; regulatory matters; environmental disputes; healthcare; community disputes; constitutional formation; and in many other controversial issues in the polity.
Book Synopsis Civil Justice, Privatization, and Democracy by : Trevor C.W. Farrow
Download or read book Civil Justice, Privatization, and Democracy written by Trevor C.W. Farrow and published by University of Toronto Press. This book was released on 2014-04-30 with total page 400 pages. Available in PDF, EPUB and Kindle. Book excerpt: Privatization is occurring throughout the public justice system, including courts, tribunals, and state-sanctioned private dispute resolution regimes. Driven by a widespread ethos of efficiency-based civil justice reform, privatization claims to decrease costs, increase speed, and improve access to the tools of justice. But it may also lead to procedural unfairness, power imbalances, and the breakdown of our systems of democratic governance. Civil Justice, Privatization, and Democracy demonstrates the urgent need to publicize, politicize, debate, and ultimately temper these moves towards privatized justice. Written by Trevor C.W. Farrow, a former litigation lawyer and current Chair of the Canadian Forum on Civil Justice, Civil Justice, Privatization, and Democracy does more than just bear witness to the privatization initiatives that define how we think about and resolve almost all non-criminal disputes. It articulates the costs and benefits of these privatizing initiatives, particularly their potential negative impacts on the way we regulate ourselves in modern democracies, and it makes recommendations for future civil justice practice and reform.
Book Synopsis Democracy in Decline? by : Larry Diamond
Download or read book Democracy in Decline? written by Larry Diamond and published by JHU Press. This book was released on 2015-10 with total page 140 pages. Available in PDF, EPUB and Kindle. Book excerpt: "Is Democracy in Decline? is a short book that takes up the fascinating question on whether this once-revolutionary form of government--the bedrock of Western liberalism--is fast disappearing. Has the growth of corporate capitalism, mass economic inequality, and endemic corruption reversed the spread of democracy worldwide? In this incisive collection, leading thinkers address this disturbing and critically important issue. Published as part of the National Endowment for Democracy's 25th anniversary--and drawn from articles forthcoming in the Journal of Democracy--this collection includes seven essays from a stellar group of democracy scholars: Francis Fukuyama, Robert Kagan, Thomas Carothers, Marc Plattner, Larry Diamond, Philippe Schmitter, Steven Levitsky, Ivan Krastev, and Lucan Way. Written in a thought-provoking style from seven different perspectives, this book provides an eye-opening look at how the very foundation of Western political culture may be imperiled"--
Book Synopsis Resolving Public Conflict by : E. Franklin Dukes
Download or read book Resolving Public Conflict written by E. Franklin Dukes and published by Manchester University Press. This book was released on 1996 with total page 244 pages. Available in PDF, EPUB and Kindle. Book excerpt: Drawing on conflict resolution experience and recent democratic theory, Dukes traces the philosophical roots and development of the public conflict resolution field. He examines in detail how it has worked in practice, in the US and other western democracies.
Book Synopsis The Democratic Peace and Territorial Conflict in the Twentieth Century by : Paul K. Huth
Download or read book The Democratic Peace and Territorial Conflict in the Twentieth Century written by Paul K. Huth and published by Cambridge University Press. This book was released on 2002 with total page 486 pages. Available in PDF, EPUB and Kindle. Book excerpt: Table of contents
Book Synopsis Democracy, Dialogue, and Environmental Disputes by : Bruce A. Williams
Download or read book Democracy, Dialogue, and Environmental Disputes written by Bruce A. Williams and published by Yale University Press. This book was released on 1998-04-01 with total page 276 pages. Available in PDF, EPUB and Kindle. Book excerpt: At every level of government, environmental regulation is under siege. In Washington, it has been attacked first through the "New Federalism" and now through the "Contract with America." Outside the capital, environmental regulation is the subject of controversy as state and local officials struggle with new responsibilities, threats of industry exit, and challenges from grassroots groups. This book addresses the conundrum of regulation by tracing its source to the competing characterizations of regulatory legitimacy that have accompanied the growth of the American state. Bruce Williams and Albert Matheny identify three distinct languages--managerial, pluralist, and communitarian--used to articulate competing visions of regulation. They argue that each language posits a different understanding of the public interest and therefore a different relationship between the state, the market, and the public. Because all three languages are invoked in regulatory debates, disputants talk past one another, leaving fundamental issues of legitimacy and democracy unresolved or masked by unexamined assumptions. The authors propose a dialogic model for analyzing regulatory policymaking, drawing on postmodernist theory that claims that establishing single languages for understanding the world inevitably distorts communication. They then apply their analysis to case studies of actual environmental disputes over hazardous waste regulation in the 1980s and 1990s in New Jersey, Ohio, and Florida.
Book Synopsis The Judge in a Democracy by : Aharon Barak
Download or read book The Judge in a Democracy written by Aharon Barak and published by Princeton University Press. This book was released on 2009-01-10 with total page 355 pages. Available in PDF, EPUB and Kindle. Book excerpt: Whether examining election outcomes, the legal status of terrorism suspects, or if (or how) people can be sentenced to death, a judge in a modern democracy assumes a role that raises some of the most contentious political issues of our day. But do judges even have a role beyond deciding the disputes before them under law? What are the criteria for judging the justices who write opinions for the United States Supreme Court or constitutional courts in other democracies? These are the questions that one of the world's foremost judges and legal theorists, Aharon Barak, poses in this book. In fluent prose, Barak sets forth a powerful vision of the role of the judge. He argues that this role comprises two central elements beyond dispute resolution: bridging the gap between the law and society, and protecting the constitution and democracy. The former involves balancing the need to adapt the law to social change against the need for stability; the latter, judges' ultimate accountability, not to public opinion or to politicians, but to the "internal morality" of democracy. Barak's vigorous support of "purposive interpretation" (interpreting legal texts--for example, statutes and constitutions--in light of their purpose) contrasts sharply with the influential "originalism" advocated by U.S. Supreme Court Justice Antonin Scalia. As he explores these questions, Barak also traces how supreme courts in major democracies have evolved since World War II, and he guides us through many of his own decisions to show how he has tried to put these principles into action, even under the burden of judging on terrorism.
Book Synopsis Domesticating Democracy by : Susan Helen Ellison
Download or read book Domesticating Democracy written by Susan Helen Ellison and published by Duke University Press. This book was released on 2018-05-04 with total page 296 pages. Available in PDF, EPUB and Kindle. Book excerpt: In Domesticating Democracy Susan Helen Ellison examines foreign-funded alternate dispute resolution (ADR) organizations that provide legal aid and conflict resolution to vulnerable citizens in El Alto, Bolivia. Advocates argue that these programs help residents cope with their interpersonal disputes and economic troubles while avoiding an overburdened legal system and cumbersome state bureaucracies. Ellison shows that ADR programs do more than that—they aim to change the ways Bolivians interact with the state and with global capitalism, making them into self-reliant citizens. ADR programs frequently encourage Bolivians to renounce confrontational expressions of discontent, turning away from courtrooms, physical violence, and street protest and coming to the negotiation table. Nevertheless, residents of El Alto find creative ways to take advantage of these micro-level resources while still seeking justice and a democratic system capable of redressing the structural violence and vulnerability that ADR fails to treat.
Book Synopsis Democracy on Trial by : Jean Bethke Elshtain
Download or read book Democracy on Trial written by Jean Bethke Elshtain and published by House of Anansi. This book was released on 1993-11-08 with total page 160 pages. Available in PDF, EPUB and Kindle. Book excerpt: Is democracy as we know it in danger? More and more we confront one another as aggrieved groups rather than as free citizens. Deepening cynicism, the growth of corrosive individualism, statism, and the loss of civil society are warning signs that democracy may be incapable of satisfying the yearnings it itself unleashes - yearnings for freedom, fairness, and equality. In her 1993 CBC Massey Lectures, political philosopher Jean Bethke Elshtain delves into these complex issues to evaluate democracy's chances for survival.
Book Synopsis Democracy Needs Dispute by : Cornelia Bruell
Download or read book Democracy Needs Dispute written by Cornelia Bruell and published by Campus Verlag. This book was released on 2009 with total page 204 pages. Available in PDF, EPUB and Kindle. Book excerpt: In 2005 hopes for closer European integration were dealt a potentially fatal blow when French and Dutch voters rejected the proposed new European Union constitution. Going beyond the instant analysis of journalists, which placed blame for the failed vote on the two nations' internal politics, Democracy Needs Dispute examines a collection of media accounts of European policy debates to argue that the problem with the EU is its relative lack of vibrant political conflict. Democracy Needs Dispute offers both up-to-date analysis and a rich theoretical understanding of the problems facing further efforts at European integration.
Book Synopsis The Rise of Guardian Democracy by : Ward E. Y. Elliott
Download or read book The Rise of Guardian Democracy written by Ward E. Y. Elliott and published by . This book was released on 2013-10-01 with total page 368 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Civil-Military Dynamics, Democracy, and International Conflict by : P. James
Download or read book Civil-Military Dynamics, Democracy, and International Conflict written by P. James and published by Palgrave Macmillan. This book was released on 2015-11-09 with total page 197 pages. Available in PDF, EPUB and Kindle. Book excerpt: Addressing decision-making over interstate disputes and the democratic peace thesis, Choi and James build an interactive foreign policy decision-making model with a special emphasis on civil-military relations, conscription, diplomatic channels and media openness. Each is significant in explaining decisions over dispute involvement. The temporal scope is broad while the geographic scope is global. The result is sophisticated analysis of the causes of conflict and factors that can ameliorate it, and a generalizable approach to the study of foreign relations. The findings that media openness contributes to peaceful resolution of disputes, that the greater the influence of the military the more likely for their to be interstate disputes, that conscription is likely to have the same effect, and that increases in diplomatic interaction correlate with increased conflict are sure to generate debate.
Book Synopsis Democracy and Deep-rooted Conflict by : Peter Harris
Download or read book Democracy and Deep-rooted Conflict written by Peter Harris and published by . This book was released on 1998 with total page 444 pages. Available in PDF, EPUB and Kindle. Book excerpt: How does one build democracy in the aftermath of a violent, deep-rooted conflict? This handbook shows how to structure negotiations and design democratic institutions which address the real needs and interests of conflicting parties. It provides practical advice for policy-makers and political leaders in post-conflict societies and presents a wealth of options that can be drawn upon to build a sustainable peace. Aimed at those negotiating a peace settlement, this book provides a thorough overview of democratic levers - such as power-sharing formulas, questions of federalism and autonomy, options for electoral reform, when to use truth commissions, transitional justice mechanisms, methods of preserving minority rights, constitutional safeguards and many others. It also analyses actual negotiated settlements from various countries and illustrates the many, often unrecognized, options that negotiators can draw upon when attempting to build or rebuild democracy.
Book Synopsis Judicial Power by : Christine Landfried
Download or read book Judicial Power written by Christine Landfried and published by Cambridge University Press. This book was released on 2019-02-07 with total page 411 pages. Available in PDF, EPUB and Kindle. Book excerpt: Explores the relationship between the legitimacy, the efficacy, and the decision-making of national and transnational constitutional courts.
Book Synopsis The Drama of Democracy by : Jill Grant
Download or read book The Drama of Democracy written by Jill Grant and published by . This book was released on 1994 with total page 280 pages. Available in PDF, EPUB and Kindle. Book excerpt: Grant argues that planning provides a significant venue for debate about the workings of democracy. She illustrates her theory with two case studies of planning disputes in Halifax, Nova Scotia. By examining the language and actions of the citizens, planners, and politicians involved in these disputes, Grant explores underlying motives and concerns. She concludes that while democracy is a valued cultural concept, its practice proves weak. Paper edition (unseen), $18.95. Annotation copyright by Book News, Inc., Portland, OR
