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Republican Legal Theory
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Book Synopsis Republican Legal Theory by : M. Sellers
Download or read book Republican Legal Theory written by M. Sellers and published by Springer. This book was released on 2003-09-07 with total page 200 pages. Available in PDF, EPUB and Kindle. Book excerpt: Republican legal theory developed out of the jurisprudential and constitutional legacy of the Roman res publica as interpreted over two millennia in Europe and North America. In this book - the most comprehensive study of republican legal ideas to date - Professor Sellers traces the development of republican legal theory. Explaining the importance of popular sovereignty, the rule of law, the separation of powers and other essential republican legal characteristics, he argues that these republican institutions have introduced a new era of justice into politics.
Book Synopsis Legal Republicanism by : Samantha Besson
Download or read book Legal Republicanism written by Samantha Besson and published by Oxford University Press. This book was released on 2009-03-26 with total page 364 pages. Available in PDF, EPUB and Kindle. Book excerpt: Interest in republicanism as a political theory has burgeoned in recent years, but its implications for the understanding of law have remained largely unexplored. Legal Republicanism is the first book to offer a comprehensive, critical survey of the potential for creating republican accounts of fundamental issues in law and legal theory. Bringing together contributors with backgrounds in political and legal philosophy, the essays in the volume assess republicanism's historical traditions, conceptual coherence, and normative proposals. The collection offers a valuable insight into new debates taking place in republican political and legal theory. It also analyses potential republican approaches to concrete issues arising in areas of law such as criminal, constitutional and international law. Finally, the book includes comparisons between republican legal traditions and how they react to contemporary challenges. The book will be of value to political and democratic theorists, to legal philosophers and constitutional theorists, and all those interested in the legitimacy of decision-making in national and international settings.
Book Synopsis Republican Democracy by : Andreas Niederberger
Download or read book Republican Democracy written by Andreas Niederberger and published by Edinburgh University Press. This book was released on 2015-04-20 with total page 344 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book explores the relationship between democracy and republicanism, and its consequences, and articulates new theoretical insights into connections between liberty, law and democratic politics. Contributors include Philip Pettit, John Ferejohn, Raine
Book Synopsis Our Republican Constitution by : Randy E. Barnett
Download or read book Our Republican Constitution written by Randy E. Barnett and published by HarperCollins. This book was released on 2016-04-19 with total page 320 pages. Available in PDF, EPUB and Kindle. Book excerpt: A concise history of the long struggle between two fundamentally opposing constitutional traditions, from one of the nation’s leading constitutional scholars—a manifesto for renewing our constitutional republic. The Constitution of the United States begins with the words: “We the People.” But from the earliest days of the American republic, there have been two competing notions of “the People,” which lead to two very different visions of the Constitution. Those who view “We the People” collectively think popular sovereignty resides in the people as a group, which leads them to favor a “democratic” constitution that allows the “will of the people” to be expressed by majority rule. In contrast, those who think popular sovereignty resides in the people as individuals contend that a “republican” constitution is needed to secure the pre-existing inalienable rights of “We the People,” each and every one, against abuses by the majority. In Our Republican Constitution, renowned legal scholar Randy E. Barnett tells the fascinating story of how this debate arose shortly after the Revolution, leading to the adoption of a new and innovative “republican” constitution; and how the struggle over slavery led to its completion by a newly formed Republican Party. Yet soon thereafter, progressive academics and activists urged the courts to remake our Republican Constitution into a democratic one by ignoring key passes of its text. Eventually, the courts complied. Drawing from his deep knowledge of constitutional law and history, as well as his experience litigating on behalf of medical marijuana and against Obamacare, Barnett explains why “We the People” would greatly benefit from the renewal of our Republican Constitution, and how this can be accomplished in the courts and the political arena.
Book Synopsis On the People's Terms by : Philip Pettit
Download or read book On the People's Terms written by Philip Pettit and published by Cambridge University Press. This book was released on 2012-12-06 with total page 351 pages. Available in PDF, EPUB and Kindle. Book excerpt: A novel, republican theory of the point of democracy, providing a model of the institutions that republican democracy would require.
Book Synopsis Republican Principles in International Law by : M. Sellers
Download or read book Republican Principles in International Law written by M. Sellers and published by Springer. This book was released on 2006-03-07 with total page 266 pages. Available in PDF, EPUB and Kindle. Book excerpt: Republican Principles in International Law considers the fundamental requirements of a just world order, as applied to public international law. This book sets the standard for legitimate government, both within and beyond the jurisdiction of separate states and nations.
Book Synopsis The Partial Constitution by : Cass R. Sunstein
Download or read book The Partial Constitution written by Cass R. Sunstein and published by Harvard University Press. This book was released on 1993 with total page 432 pages. Available in PDF, EPUB and Kindle. Book excerpt: Sunstein (jurisprudence, political science, U. of Chicago) asserts that, as it is currently interpreted, the Constitution is biased. He points to two contemporary mistakes: that Constitutional law posits the status quo as neutral and just (which, he argues, is not the case); and that the meaning of the Constitution is increasingly solely within the purview of the Supreme Court (which, he argues, is not what the founders intended.) Annotation copyright by Book News, Inc., Portland, OR
Book Synopsis Republican Principles in International Law by : Mortimer Newlin Stead Sellers
Download or read book Republican Principles in International Law written by Mortimer Newlin Stead Sellers and published by . This book was released on 2008 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Two hundred years ago, in the wake of the modern world's first great republican revolutions in France and the United States of America, Immanuel Kant endorsed a federation of independent republics as the only valid basis of international law. This echoed the new federal Constitution of the United States, which guaranteed a "republican form of government" to every state in the Union. Enlightened scholars supposed that if ever some powerful people could form a republic, republican principles would become the basis of a just world order. International law had first developed in the writings of Hugo Grotius, Christian Wolff, Emmerich de Vattel and others on the basis of republican legal principles inherited from Cicero and Rome, and international law depended from the outset for its content and moral validity on republican legal theory. This still remains true today. International laws and institutions depend on republican principles for their binding force and their claims to validity. International law binds and should influence republican governments only to the extent that it reflects republican procedures of politics and legislation.
Book Synopsis Constitutional Referendums by : Stephen Tierney
Download or read book Constitutional Referendums written by Stephen Tierney and published by OUP Oxford. This book was released on 2012-04-05 with total page 352 pages. Available in PDF, EPUB and Kindle. Book excerpt: The use of referendums around the world has grown remarkably in the past thirty years and, in particular, referendums are today deployed more than ever in the settlement of constitutional questions, even in countries with little or no tradition of direct democracy. This is the first book by a constitutional theorist to address the implications of this development for constitutional democracy in a globalizing age, when many of the older certainties surrounding sovereignty and constitutional authority are coming under scrutiny. The book identifies four substantive constitutional processes where the referendum is regularly used today: the founding of new states; the creation or amendment of constitutions; the establishment of complex new models of sub-state autonomy, particularly in multinational states; and the transfer of sovereign powers from European states to the European Union. The book, as a study in constitutional theory, addresses the challenges this phenomenon poses not only for particular constitutional orders, which are typically structured around a representative model of democracy, but for constitutional theory more broadly. The main theoretical focus of the book is the relationship between the referendum and democracy. It addresses the standard criticisms which the referendum is subjected to by democratic theorists and deploys both civic republican theory and the recent turn in deliberative democracy to ask whether by good process-design the constitutional referendum is capable of facilitating the engagement of citizens in deliberative acts of constitution-making. With the referendum firmly established as a fixture of contemporary constitutionalism, the book addresses the key question for constitutional theorists and practitioners of how might its operation be made more democratic in age of constitutional transformation.
Book Synopsis The Sacred Fire of Liberty by : M. Sellers
Download or read book The Sacred Fire of Liberty written by M. Sellers and published by Springer. This book was released on 1998-09-14 with total page 206 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book describes the origins of the concept of liberty in the legal and political thought of Rome, Italy, England, France and the United States of America. Professor Sellers traces the development of liberty and republican government over two centuries of European history, in association with liberal ideas. This study reveals republicanism as the parent of liberalism in modern law and politics, and demonstrates the continuing value of republican ideas in securing the liberty of contemporary states and their citizens.
Book Synopsis The Terror of Natural Right by : Dan Edelstein
Download or read book The Terror of Natural Right written by Dan Edelstein and published by University of Chicago Press. This book was released on 2009-10-15 with total page 351 pages. Available in PDF, EPUB and Kindle. Book excerpt: Natural right—the idea that there is a collection of laws and rights based not on custom or belief but that are “natural” in origin—is typically associated with liberal politics and freedom. In The Terror of Natural Right, Dan Edelstein argues that the revolutionaries used the natural right concept of the “enemy of the human race”—an individual who has transgressed the laws of nature and must be executed without judicial formalities—to authorize three-quarters of the deaths during the Terror. Edelstein further contends that the Jacobins shared a political philosophy that he calls “natural republicanism,” which assumed that the natural state of society was a republic and that natural right provided its only acceptable laws. Ultimately, he proves that what we call the Terror was in fact only one facet of the republican theory that prevailed from Louis’s trial until the fall of Robespierre. A highly original work of historical analysis, political theory, literary criticism, and intellectual history, The Terror of Natural Right challenges prevailing assumptions of the Terror to offer a new perspective on the Revolutionary period.
Book Synopsis Republican Democracy by : Andreas Niederberger
Download or read book Republican Democracy written by Andreas Niederberger and published by . This book was released on 2015-04-20 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book explores the relationship between democracy and republicanism, and its consequences, and articulates new theoretical insights into connections between liberty, law and democratic politics. Contributors include Philip Pettit, John Ferejohn, Rainer Forst, James Bohman, Cécile Laborde, Jack N. Rakove, John P. McCormick and Richard Bellamy.
Book Synopsis Force and Freedom by : Arthur Ripstein
Download or read book Force and Freedom written by Arthur Ripstein and published by Harvard University Press. This book was released on 2010-02-15 with total page 416 pages. Available in PDF, EPUB and Kindle. Book excerpt: In this masterful work, both an illumination of Kant’s thought and an important contribution to contemporary legal and political theory, Arthur Ripstein gives a comprehensive yet accessible account of Kant’s political philosophy. Ripstein shows that Kant’s thought is organized around two central claims: first, that legal institutions are not simply responses to human limitations or circumstances; indeed the requirements of justice can be articulated without recourse to views about human inclinations and vulnerabilities. Second, Kant argues for a distinctive moral principle, which restricts the legitimate use of force to the creation of a system of equal freedom. Ripstein’s description of the unity and philosophical plausibility of this dimension of Kant’s thought will be a revelation to political and legal scholars. In addition to providing a clear and coherent statement of the most misunderstood of Kant’s ideas, Ripstein also shows that Kant’s views remain conceptually powerful and morally appealing today. Ripstein defends the idea of equal freedom by examining several substantive areas of law—private rights, constitutional law, police powers, and punishment—and by demonstrating the compelling advantages of the Kantian framework over competing approaches.
Book Synopsis American Republicanism by : Mortimer N.S. Sellers
Download or read book American Republicanism written by Mortimer N.S. Sellers and published by Springer. This book was released on 2016-07-27 with total page 352 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book examines what 'republicanism' meant to the Americans who drafted and ratified the United States Constitution, guaranteeing a 'republican form of government' to every state in the Union. M.N.S.Sellers compares the writings and speeches of the founders with the authors they read and imitated to identify the central tenets of American republicanism, and to demonstrate that American republican though directly reflected classical models, rather than a mediating tradition of English or continental political theory.
Download or read book Republicanism written by Philip Pettit and published by Oxford University Press. This book was released on 1997 with total page 317 pages. Available in PDF, EPUB and Kindle. Book excerpt: This is the first full-length presentation of a republican alternative to the liberal and communitarian theories that have dominated political philosophy in recent years. The latest addition to the acclaimed Oxford Political Theory series, Pettit's eloquent and compelling account opens with an examination of the traditional republican conception of freedom as non-domination, contrasting this with established negative and positive views of liberty. The first part of the book traces the rise and decline of this conception, displays its many attractions, and makes a case for why it should still be regarded as a central political ideal. The second part of the book looks at what the implementation of the ideal would require with regard to substantive policy-making, constitutional and democratic design, regulatory control and the relation between state and civil society. Prominent in this account is a novel concept of democracy, under which government is exposed to systematic contestation, and a vision of state-societal relations founded upon civility and trust. Pettit's powerful and insightful new work offers not only a unified, theoretical overview of the many strands of republican ideas, but also a new and sophisticated perspective on studies in related fields including the history of ideas, jurisprudence, and criminology.
Book Synopsis Beyond Adversary Democracy by : Jane J. Mansbridge
Download or read book Beyond Adversary Democracy written by Jane J. Mansbridge and published by University of Chicago Press. This book was released on 1983-06-15 with total page 412 pages. Available in PDF, EPUB and Kindle. Book excerpt: "Beyond Adversary Democracy should be read by everyone concerned with democratic theory and practice."—Carol Pateman, Politics "Sociologists recurrently complain about how seldom it is that we produce books that combine serious theorizing about important issues of public policy with original and sensitive field research. Several rounds of enthusiastic applause, then, are due Jane Mansbridge . . . for having produced a dense and well written book whose subject is nothing less ambitious than the theory of democracy and its problems of equality, solidarity, and consensus. Beyond Adversary Democracy, however, is not simply a work of political theory; Mansbridge explores her abstract subject matter by close studies (using ethnographic, documentary, and questionnaire methods) of two small actual democracies operating at their most elemental American levels (1) a New England town meeting ("Selby," Vermont) and (2) an urban crisis center ("Helpline"), whose 41 employees shared a New Left-Counterculture belief in participatory democracy and consensual decision-making. [Mansbridge] is a force to contend with. It is in our common interest that she be widely read."—Bennett M. Berger, Contemporary Sociology
Book Synopsis Republicanism and the Future of Democracy by : Geneviève Rousselière
Download or read book Republicanism and the Future of Democracy written by Geneviève Rousselière and published by Cambridge University Press. This book was released on 2019-04-25 with total page 309 pages. Available in PDF, EPUB and Kindle. Book excerpt: Explores how republican political thought can make a constructive and distinctive contribution to our understanding of democracy and the challenges it faces.
