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The Concept Of Liberal Democratic Law
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Book Synopsis The Concept of Liberal Democratic Law by : Johan Willem Gous Van der Walt
Download or read book The Concept of Liberal Democratic Law written by Johan Willem Gous Van der Walt and published by Law and Politics. This book was released on 2020 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book develops a historical concept of liberal democratic law through readings of the pivotal twentieth century legal theoretical positions articulated in the work of Herbert Hart, Ronald Dworkin, Duncan Kennedy, Rudolf Smend, Hans Kelsen and Carl Schmitt. It assesses the jurisprudential projects and positions of these theorists against the background of a long history of European metaphysics from which the modern concept of liberal democratic law emerged. Two key narratives are central to this history of European political and legal metaphysics. Both concern the historical development of the concept of nomos that emerged in early Greek legal and political thought. The first concerns the history of philosophical reflection on the epistemological and ontological status of legal concepts that runs from Plato to Hobbes (the realist-nominalist debate as it became known later). The second concerns the history of philosophical and political discourses on law, sovereignty and justice that starts with the nomos-physis debate in fifth century Athens and runs through medieval, modern and twentieth century conceptualisations of the relationship between law and power. Methodologically, the reading of the legal theoretical positions of Hart, Dworkin, Kennedy, Smend, Kelsen and Schmitt articulated in this book is presented as a distillation process that extracts the pure elements of liberal democratic law from the metaphysical narratives that not only cradled it, but also smothered and distorted its essential aspirations. Drawing together key insights from across the fields of jurisprudence and philosophy, this book offers an important and original re-articulation of the concept of democratic law.
Book Synopsis The Concept of Liberal Democratic Law by : Johan Willem Gous Van der Walt
Download or read book The Concept of Liberal Democratic Law written by Johan Willem Gous Van der Walt and published by . This book was released on 2019 with total page 265 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book develops a historical concept of liberal democratic law through readings of the pivotal twentieth century legal theoretical positions articulated in the work of Herbert Hart, Ronald Dworkin, Duncan Kennedy, Rudolf Smend, Hans Kelsen and Carl Schmitt. It assesses the jurisprudential projects and positions of these theorists against the background of a long history of European metaphysics from which the modern concept of liberal democratic law emerged. Two key narratives are central to this history of European political and legal metaphysics. Both concern the historical development of the concept of nomos that emerged in early Greek legal and political thought. The first concerns the history of philosophical reflection on the epistemological and ontological status of legal concepts that runs from Plato to Hobbes (the realist-nominalist debate as it became known later). The second concerns the history of philosophical and political discourses on law, sovereignty and justice that starts with the nomos-physis debate in fifth century Athens and runs through medieval, modern and twentieth century conceptualisations of the relationship between law and power. Methodologically, the reading of the legal theoretical positions of Hart, Dworkin, Kennedy, Smend, Kelsen and Schmitt articulated in this book is presented as a distillation process that extracts the pure elements of liberal democratic law from the metaphysical narratives that not only cradled it, but also smothered and distorted its essential aspirations. Drawing together key insights from across the fields of jurisprudence and philosophy, this book offers an important and original re-articulation of the concept of democratic law.
Book Synopsis Understanding Liberal Democracy by : Nicholas Wolterstorff
Download or read book Understanding Liberal Democracy written by Nicholas Wolterstorff and published by Oxford University Press, USA. This book was released on 2012-09-27 with total page 398 pages. Available in PDF, EPUB and Kindle. Book excerpt: Understanding Liberal Democracy collects Nicholas Wolterstorff's papers in political philosophy. The book includes some of Wolterstorff's earlier and influential work on the intersection between political philosophy and religion, and contains nine new essays in which Wolterstorff develops new lines of argument and stakes out novel positions regarding the nature of liberal democracy, human rights, and political authority. Taken together, these positionsare an attractive alternative to the so-called public reason liberalism defended by thinkers such as John Rawls. Of interest to philosophers, political theorists, and theologians, Understanding Liberal Democracyengages a wide audience of those interested in how best to understand the nature of liberal democracy and its relation to religion.
Book Synopsis The Political Morality of Liberal Democracy by : Michael J. Perry
Download or read book The Political Morality of Liberal Democracy written by Michael J. Perry and published by Cambridge University Press. This book was released on 2010 with total page 225 pages. Available in PDF, EPUB and Kindle. Book excerpt: This important new work elaborates and defends an account of the political morality of liberal democracy.
Download or read book Liberal Peace written by Michael W. Doyle and published by Routledge. This book was released on 2011-08-05 with total page 296 pages. Available in PDF, EPUB and Kindle. Book excerpt: Comprising essays by Michael W. Doyle, Liberal Peace examines the special significance of liberalism for international relations. The volume begins by outlining the two legacies of liberalism in international relations - how and why liberal states have maintained peace among themselves while at the same time being prone to making war against non-liberal states. Exploring policy implications, the author focuses on the strategic value of the inter-liberal democratic community and how it can be protected, preserved, and enlarged, and whether liberals can go beyond a separate peace to a more integrated global democracy. Finally, the volume considers when force should and should not be used to promote national security and human security across borders, and argues against President George W. Bush’s policy of "transformative" interventions. The concluding essay engages with scholarly critics of the liberal democratic peace. This book will be of great interest to students of international relations, foreign policy, political philosophy, and security studies.
Book Synopsis Political Liberalism by : John Rawls
Download or read book Political Liberalism written by John Rawls and published by Columbia University Press. This book was released on 2005-03-24 with total page 588 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book continues and revises the ideas of justice as fairness that John Rawls presented in A Theory of Justice but changes its philosophical interpretation in a fundamental way. That previous work assumed what Rawls calls a "well-ordered society," one that is stable and relatively homogenous in its basic moral beliefs and in which there is broad agreement about what constitutes the good life. Yet in modern democratic society a plurality of incompatible and irreconcilable doctrines—religious, philosophical, and moral—coexist within the framework of democratic institutions. Recognizing this as a permanent condition of democracy, Rawls asks how a stable and just society of free and equal citizens can live in concord when divided by reasonable but incompatible doctrines? This edition includes the essay "The Idea of Public Reason Revisited," which outlines Rawls' plans to revise Political Liberalism, which were cut short by his death. "An extraordinary well-reasoned commentary on A Theory of Justice...a decisive turn towards political philosophy." —Times Literary Supplement
Book Synopsis The Concept of Liberal Democratic Law by : Johan van Der Walt
Download or read book The Concept of Liberal Democratic Law written by Johan van Der Walt and published by Routledge. This book was released on 2019-09-12 with total page 289 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book develops a historical concept of liberal democratic law through readings of the pivotal twentieth century legal theoretical positions articulated in the work of Herbert Hart, Ronald Dworkin, Duncan Kennedy, Rudolf Smend, Hans Kelsen and Carl Schmitt. It assesses the jurisprudential projects and positions of these theorists against the background of a long history of European metaphysics from which the modern concept of liberal democratic law emerged. Two key narratives are central to this history of European political and legal metaphysics. Both concern the historical development of the concept of nomos that emerged in early Greek legal and political thought. The first concerns the history of philosophical reflection on the epistemological and ontological status of legal concepts that runs from Plato to Hobbes (the realist-nominalist debate as it became known later). The second concerns the history of philosophical and political discourses on law, sovereignty and justice that starts with the nomos-physis debate in fifth century Athens and runs through medieval, modern and twentieth century conceptualisations of the relationship between law and power. Methodologically, the reading of the legal theoretical positions of Hart, Dworkin, Kennedy, Smend, Kelsen and Schmitt articulated in this book is presented as a distillation process that extracts the pure elements of liberal democratic law from the metaphysical narratives that not only cradled it, but also smothered and distorted its essential aspirations. Drawing together key insights from across the fields of jurisprudence and philosophy, this book offers an important and original re-articulation of the concept of democratic law.
Book Synopsis The Oxford Handbook of Political Representation in Liberal Democracies by : Robert Rohrschneider
Download or read book The Oxford Handbook of Political Representation in Liberal Democracies written by Robert Rohrschneider and published by Oxford University Press. This book was released on 2020-07-28 with total page 731 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Handbook of Political Representation in Liberal Democracies offers a state-of-the-art assessment of the functioning of political representation in liberal democracies. In 34 chapters the world's leading scholars on the various aspects of political representation address eight broad themes: The concept and theories of political representation, its history and the main requisites for its development; elite orientations and behavior; descriptive representation; party government and representation; non-electoral forms of political participation and how they relate to political representation; the challenges to representative democracy originating from the growing importance of non-majoritarian institutions and social media; the rise of populism and its consequences for the functioning of representative democracy; the challenge caused by economic and political globlization: what does it mean for the functioning of political representation at the national leval and is it possible to develop institutions of representative democracy at a level above the state that meet the normative criteria of representative democracy and are supported by the people? The various chapters offer a comprehensive review of the literature on the various aspects of political representation. The main organizing principle of the Handbook is the chain of political representation, the chain connecting the interests and policy preferences of the people to public policy via political parties, parliament, and government. Most of the chapters assessing the functioning of the chain of political representation and its various links are based on original comparative political research. Comparative research on political representation and its various subfields has developed dramatically over the last decades so that even ten years ago a Handbook like this would have looked totally different.
Book Synopsis Law, Pragmatism, and Democracy by : Richard A. Posner
Download or read book Law, Pragmatism, and Democracy written by Richard A. Posner and published by Harvard University Press. This book was released on 2009-07-01 with total page 428 pages. Available in PDF, EPUB and Kindle. Book excerpt: A liberal state is a representative democracy constrained by the rule of law. Richard Posner argues for a conception of the liberal state based on pragmatic theories of government. He views the actions of elected officials as guided by interests rather than by reason and the decisions of judges by discretion rather than by rules. He emphasizes the institutional and material, rather than moral and deliberative, factors in democratic decision making. Posner argues that democracy is best viewed as a competition for power by means of regular elections. Citizens should not be expected to play a significant role in making complex public policy regarding, say, taxes or missile defense. The great advantage of democracy is not that it is the rule of the wise or the good but that it enables stability and orderly succession in government and limits the tendency of rulers to enrich or empower themselves to the disadvantage of the public. Posner’s theory steers between political theorists’ concept of deliberative democracy on the left and economists’ public-choice theory on the right. It makes a significant contribution to the theory of democracy—and to the theory of law as well, by showing that the principles that inform Schumpeterian democratic theory also inform the theory and practice of adjudication. The book argues for law and democracy as twin halves of a pragmatic theory of American government.
Download or read book Liberal Democracy written by Max Meyer and published by Springer Nature. This book was released on 2020-01-01 with total page 77 pages. Available in PDF, EPUB and Kindle. Book excerpt: This open access book aims to show which factors have been decisive in the rise of successful countries. Never before have so many people been so well off. However, prosperity is not a law of nature; it has to be worked for. A liberal economy stands at the forefront of this success - not as a political system, but as a set of economic rules promoting competition, which in turn leads to innovation, research and enormous productivity. Sustainable prosperity is built on a foundation of freedom, equal opportunity and a functioning government. This requires a stable democracy that cannot be defeated by an autocrat. Autocrats claim that "illiberalism" is more efficient, an assertion that justifies their own power. Although autocrats can efficiently guide the first steps out of poverty, once a certain level of prosperity has been achieved, people begin to demand a sense of well-being - freedom and codetermination. Only when this is possible will they feel comfortable, and progress will continue. Respect for human rights is crucial. The rules of the free market do not lean to either the right or left politically. Liberalism and the welfare state are not mutually exclusive. The "conflict" concerns the amount of government intervention. Should there be more or less? As a lawyer, entrepreneur, and board member with over 40 years of experience in this field of conflict, the author clearly describes the conditions necessary for a country to maintain its position at the top.
Book Synopsis Liberal Democracies and the Torture of Their Citizens by : Cynthia Banham
Download or read book Liberal Democracies and the Torture of Their Citizens written by Cynthia Banham and published by Bloomsbury Publishing. This book was released on 2017-02-09 with total page 271 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book analyses and compares how the USA's liberal allies responded to the use of torture against their citizens after 9/11. Did they resist, tolerate or support the Bush Administration's policies concerning the mistreatment of detainees when their own citizens were implicated and what were the reasons for their actions? Australia, the UK and Canada are liberal democracies sharing similar political cultures, values and alliances with America; yet they behaved differently when their citizens, caught up in the War on Terror, were tortured. How states responded to citizens' human rights claims and predicaments was shaped, in part, by demands for accountability placed on the executive government by domestic actors. This book argues that civil society actors, in particular, were influenced by nuanced differences in their national political and legal contexts that enabled or constrained human rights activism. It maps the conditions under which individuals and groups were more or less likely to become engaged when fellow citizens were tortured, focusing on national rights culture, the domestic legal and political human rights framework, and political opportunities.
Book Synopsis Liberal Democracy and the Social Acceleration of Time by : William E. Scheuerman
Download or read book Liberal Democracy and the Social Acceleration of Time written by William E. Scheuerman and published by JHU Press. This book was released on 2020-06-09 with total page 311 pages. Available in PDF, EPUB and Kindle. Book excerpt: "A fine contribution to the literature on the problems of modern liberal democracy."—Choice The pace of American society has quickened exponentially since the Founding Fathers first mapped the constitution. Information travels at the speed of light; so does money. We can hop from one side of the country to the other in a matter of hours, contact our elected officials instantaneously, and share our views with thousands of people at the touch of a button. Both academia and the popular media have grappled with the consequences of this acceleration on every aspect of contemporary life. Most pressing, however, may be its impact on political life. In Liberal Democracy and the Social Acceleration of Time, William Scheuerman offers a sophisticated assessment of the implications of social and technological celerity in the operation of liberal democracies. Specifically, he asks what is acceleration's main impact on the traditional liberal democratic model of the separation of powers? According to Scheuerman, high speed has created an imbalance. The executive branch was intended to react with dispatch; by contrast, legislatures and the courts were designed to be more deliberate and thoughtful. While this system of checks and balances was effective in the age of horse and buggy, Scheuerman argues that the very features that were these institutions' strengths may now be a liability. Throughout this book, Scheuerman offers a constructive critique which articulates ways in which "liberal democracy might be recalibrated in accordance with the tempo of modern society.
Book Synopsis Democracy and International Law by : Gregory H. Fox
Download or read book Democracy and International Law written by Gregory H. Fox and published by . This book was released on 2020 with total page 944 pages. Available in PDF, EPUB and Kindle. Book excerpt: At the end of the Cold War, international law scholars engaged in furious debate over whether principles of democratic legitimacy had entered international law. Many argued that a 'democratic entitlement' was emerging. Others were skeptical that international practice in democracy promotion was either consistent or sufficiently widespread and many found the idea of democratic entitlement dangerous. Those debates, while ongoing, have not been comprehensively revisited in almost twenty years. Together with an original introduction, this volume collects the leading scholarship of the past two decades on these and other questions. It focuses particular attention on the normative consequences of the recent 'democratic recession' in many regions of the world.
Book Synopsis Religious Ideas in Liberal Democratic States by : Jasper Doomen
Download or read book Religious Ideas in Liberal Democratic States written by Jasper Doomen and published by Rowman & Littlefield. This book was released on 2021-07-29 with total page 207 pages. Available in PDF, EPUB and Kindle. Book excerpt: Religious Ideas in Liberal Democratic States adds new context to the ongoing debate over the scope of religious freedom, drawing from a variety of perspectives to discuss the meaning of religion itself within a democratic state. This book argues that categorizing religion as a solely private affair is too narrow an interpretation and questions whether ideas like freedom, human dignity, and equality can be truly actualized in a neutral and secular state. Contributors explore the impact of religion, acknowledged or not, on legislation, human rights, and group rights through legal, historical, and sociological lenses. Scholars of constitutional law, jurisprudence, international law, and political science will find this book particularly useful.
Book Synopsis Constitutional Democracy in Crisis? by : Mark A. Graber
Download or read book Constitutional Democracy in Crisis? written by Mark A. Graber and published by Oxford University Press. This book was released on 2018-08-23 with total page 737 pages. Available in PDF, EPUB and Kindle. Book excerpt: Is the world facing a serious threat to the protection of constitutional democracy? There is a genuine debate about the meaning of the various political events that have, for many scholars and observers, generated a feeling of deep foreboding about our collective futures all over the world. Do these events represent simply the normal ebb and flow of political possibilities, or do they instead portend a more permanent move away from constitutional democracy that had been thought triumphant after the demise of the Soviet Union in 1989? Constitutional Democracy in Crisis? addresses these questions head-on: Are the forces weakening constitutional democracy around the world general or nation-specific? Why have some major democracies seemingly not experienced these problems? How can we as scholars and citizens think clearly about the ideas of "constitutional crisis" or "constitutional degeneration"? What are the impacts of forces such as globalization, immigration, income inequality, populism, nationalism, religious sectarianism? Bringing together leading scholars to engage critically with the crises facing constitutional democracies in the 21st century, these essays diagnose the causes of the present afflictions in regimes, regions, and across the globe, believing at this stage that diagnosis is of central importance - as Abraham Lincoln said in his "House Divided" speech, "If we could first know where we are, and whither we are tending, we could then better judge what to do, and how to do it."
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 Liberal Democracy 3.0 by : Stephen Turner
Download or read book Liberal Democracy 3.0 written by Stephen Turner and published by SAGE. This book was released on 2003-06-16 with total page 168 pages. Available in PDF, EPUB and Kindle. Book excerpt: '... a powerful piece of work that deserves to be read widely. It ranges across central concerns in the fields of social theory, political theory, and science studies and engages with the ideas of key classical and contemporary thinkers' - Barry Smart, Professor of Sociology, University of Portsmouth
