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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 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 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 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 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 2005-09-10 with total page 392 pages. Available in PDF, EPUB and Kindle. Book excerpt: In the original euphoria that attended the virtually simultaneous demise of so many dictatorships in the late 1980s and early 90s, there was a widespread belief that problems of 'transition' basically involved shedding a known past, and replacing it with an also-known future. This volume surveys and contributes to the prolific debates that occurred in the years between the collapse of communism and the enlargement of the European Union regarding the issues of constitutionalism, dealing with the past, and the rule of law in the post-communist world. Eminent scholars explore the issue of transitional justice, highlighting the distinct roles of legal and constitutional bodies in the post-transition period. The introduction seeks to frame the work as an intervention in the discussion of communism and transition-two stable and separate points-while emphasizing the instability of the post-transition moment.
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.
Download or read book Equality written by Thomas Christiano and published by Wiley-Blackwell. This book was released on 2013-05-01 with total page 256 pages. Available in PDF, EPUB and Kindle. Book excerpt: The book I wish to write for Blackwell is a study of the philosophical foundations of the principle of equality as a principle of justice. The principle of equality is a principle of equal distribution. It is, I believe, part of the moral foundation of democracy and certain basic liberal rights as well as a foundational element in the proper principles of the distribution of wealth in society and in international society. Though equality is at the basis of a considerable amount of modern normative political thought, there is not a great deal of theorizing about the rationale for equality. There is a very large and illuminating literature on the question of what equality of distribution should be distribution of, and this bears importantly on the question of the justification of equality. In my view, however, it is absolutely necessary to inquire into the moral foundations of equality since there are many thinkers who believe that equality is not a suitable principle of justice or of morality at all. Only by showing that equality is founded in powerful considerations of morality can the current impasse in debates on the nature of justice be overcome. The debates between libertarians, desert theorists, priority theorists, utilitarians, sufficiency theorists and egalitarians cannot go much further until we have a clear idea of the basis of the principle of equality. In addition, an adequate account of the foundations of equality will help in handling some of the more important objections to the principle of equality. In particular, I think that the proper account of the basis of equality will help in responding to the leveling down objection often made against the principle of equality. There are two major exceptions to the lack of argument for equality. John Rawls argues that something like a principle of equality in the distribution of political and liberal rights as well as material resources can be defended on the basis of a hypothetical contract argument. This is a really interesting argument but it has been largely discredited in the last twenty years. Thomas Nagel has defended a principle of equality on the basis of the idea that it is more urgent to satisfy the interests of the worst off members of society than the interests of others. But Nagel does little to defend his principle of urgency and the overall argument does not seem to lead to equality as much as to a consequentialist principle of priority. My intention is to develop a set of arguments that I have been working on as a defense of equality. It is also to deal with a number of important objections to the principle of equality, in particular the leveling down objection. The argument must proceed in a number of steps. First, we need an account of the basic concept of justice. There are two elements that are central to the traditional concept of justice. One, justice consists in each person receiving his or her due. Two, relevantly like cases ought to be treated alike and unlike cases unlike. These two principles are at the basis of our understanding of justice generally. They require elaboration and defense. Second, part of the defense of a principle that requires that each receive what is due to them is an account of the moral status of persons in virtue of which something is due to them at all. The idea of the status of persons is essential to the idea of justice. And it is a notion that establishes justice as an independent moral concern that is not merely subject to consequentialist considerations. The basis of the moral status of persons is highly contested and not very well understood. I contend that a plausible account of the basis of moral status is an important plank in the argument for the principle of equality. Third, it must be argued that persons have equal moral status. The notion of equal moral status requires detailed articulation and defense. Fourth, an account of the rationale for equality must include an account of what constitutes the well being of a person. In my view, an account of the well being of persons is closely connected to the status of persons. I plan on articulating an account of the notion of well being that relates it to the moral status of persons. It will also show that what is due to human beings is that their well being be advanced. With these four elements in place, I will show, fifth, how a principle of equality of distribution can be shown to follow. This is the main conclusion of the book project. However, sixth, I also think that this argument can show how important objections to equality can be met. In particular, I think I can show how the leveling down objection to equality offered by Derek Parfit and Harry Frankfurt among others can be refuted given the argument for equality. I expect the book to have a chapter structure roughly corresponding to the six main points of the outline. I do intend to respond along the way to a number of other major objections that have been made to the principle of equality such as that of Joseph Raz, Robert Nozick and Russell Hardin. In my view, this book should be accessible to advanced undergraduates as well as graduate students. It should be quite useful in courses on distributive justice and on issues of political philosophy generally. But I also intend that it make a scholarly contribution. I think that it has been a long time since someone has tried to make a full dress argument for equality and that this work will be unique in this respect. To the extent that the principle of equality is, in my view, at the foundation of a number of important principles in political philosophy such as that of democratic equality, liberal rights and human rights more generally, this book ought to be of interest to a broad variety of political philosophers and political theorists. I have already started on this project. I am publishing a paper entitled "An Argument for Equality and Against the Leveling Down Objection," in Social Justice and the Law ed. Harry Silverstein (Cambridge, MA: MIT Press, 2005) and in "A Foundation for Equalitarianism," in Egalitarianism eds. Kasper Lippert-Rasmussen and Nils Holtug (Oxford: Oxford University Press, 2006) where I sketch some of the arguments I want eventually to develop at great length. And this work will figure in the first chapter of my forthcoming book on the foundations of democracy The Constitution of Equality (Oxford: Oxford University Press, forthcoming). But my intention is to develop the ideas and follow the strands of argument so as to produce a book length treatment of the issues.
Download or read book Demokratia written by Josiah Ober and published by Princeton University Press. This book was released on 1996-11-17 with total page 490 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book is the result of a long and fruitful conversation among practitioners of two very different fields: ancient history and political theory. The topic of the conversation is classical Greek democracy and its contemporary relevance. The nineteen contributors remain diverse in their political commitments and in their analytic approaches, but all have engaged deeply with Greek texts, with normative and historical concerns, and with each others' arguments. The issues and tensions examined here are basic to both history and political theory: revolution versus stability, freedom and equality, law and popular sovereignty, cultural ideals and social practice. While the authors are sharply critical of many aspects of Athenian society, culture, and government, they are united by a conviction that classical Athenian democracy has once again become a centrally important subject for political debate. The contributors are Benjamin R. Barber, Alan Boegehold, Paul Cartledge, Susan Guettel Cole, W. Robert Connor, Carol Dougherty, J. Peter Euben, Mogens H. Hansen, Victor D. Hanson, Carnes Lord, Philip Brook Manville, Ian Morris, Martin Ostwald, Kurt Raaflaub, Jennifer Tolbert Roberts, Barry S. Strauss, Robert W. Wallace, Sheldon S. Wolin, and Ellen Meiksins Wood.
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 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 Aristotle's Legal Theory by : George Duke
Download or read book Aristotle's Legal Theory written by George Duke and published by Cambridge University Press. This book was released on 2020 with total page 193 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book offers a systematic exposition of Aristotle's legal thought and account of the relationship between law and politics.
Book Synopsis The Demagogue's Playbook by : Eric A. Posner
Download or read book The Demagogue's Playbook written by Eric A. Posner and published by Macmillan + ORM. This book was released on 2020-06-30 with total page 158 pages. Available in PDF, EPUB and Kindle. Book excerpt: A New York Times Book Review Editor's Pick What Happens to Democracy When a Demagogue Comes to Power? "It is hard to imagine understanding the Trump presidency and its significance without reading this book.” —Bob Bauer, Former Chief Counsel to President Barack Obama What—and who—is a demagogue? How did America’s Founders envision the presidency? What should a constitutional democracy look like—and how can it be fixed when it appears to be broken? Something is definitely wrong with Donald Trump’s presidency, but what exactly? The extraordinary negative reaction to Trump’s election—by conservative intellectuals, liberals, Democrats, and global leaders alike—goes beyond ordinary partisan and policy disagreements. It reflects genuine fear about the vitality of our constitutional system. The Founders, reaching back to classical precedents, feared that their experiment in mass self-government could produce a demagogue: a charismatic ruler who would gain and hold on to power by manipulating the public rather than by advancing the public good. President Trump, who has played to the mob and attacked institutions from the judiciary to the press, appears to embody these ideas. How can we move past his rhetoric and maintain faith in our great nation? In The Demagogue’s Playbook, acclaimed legal scholar Eric A. Posner offers a blueprint for how America can prevent the rise of another demagogue and protect the features of a democracy that help it thrive—and restore national greatness, for one and all. “Cuts through the hyperbole and hysteria that often distorts assessments of our republic, particularly at this time.” —Alan Taylor, winner of the 2014 Pulitzer Prize for History
Book Synopsis Fugitive Democracy by : Sheldon S. Wolin
Download or read book Fugitive Democracy written by Sheldon S. Wolin and published by Princeton University Press. This book was released on 2018-11-13 with total page 518 pages. Available in PDF, EPUB and Kindle. Book excerpt: An authoritative collection of the most important writings of an influential political thinker Sheldon Wolin was one of the most influential and original political thinkers of the past fifty years. In Fugitive Democracy, the breathtaking range of Wolin’s scholarship, political commitment, and critical acumen are on full display in this authoritative and accessible collection of essays. This book brings together his most important writings, from classic essays to his late radical essays on American democracy such as "Fugitive Democracy," in which he offers a controversial reinterpretation of democracy as an episodic phenomenon distinct from the routinized political management that passes for democracy today. Wolin critically engages a diverse range of political theorists, and grapples with topics such as power, modernization, the sixties, revolutionary politics, and inequality, all the while showcasing enduring commitment to writing civic-minded theoretical commentary on the most pressing political issues of the day. Fugitive Democracy offers enduring insights into many of today’s most pressing political predicaments, and introduces a whole new generation of readers to this provocative figure in contemporary political thought.
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 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 Democracy in Chains by : Nancy MacLean
Download or read book Democracy in Chains written by Nancy MacLean and published by Penguin. This book was released on 2018-06-05 with total page 385 pages. Available in PDF, EPUB and Kindle. Book excerpt: Winner of the Lillian Smith Book Award Winner of the Los Angeles Times Book Prize Finalist for the National Book Award The Nation's "Most Valuable Book" “[A] vibrant intellectual history of the radical right.”—The Atlantic “This sixty-year campaign to make libertarianism mainstream and eventually take the government itself is at the heart of Democracy in Chains. . . . If you're worried about what all this means for America's future, you should be.”—NPR An explosive exposé of the right’s relentless campaign to eliminate unions, suppress voting, privatize public education, stop action on climate change, and alter the Constitution. Behind today’s headlines of billionaires taking over our government is a secretive political establishment with long, deep, and troubling roots. The capitalist radical right has been working not simply to change who rules, but to fundamentally alter the rules of democratic governance. But billionaires did not launch this movement; a white intellectual in the embattled Jim Crow South did. Democracy in Chains names its true architect—the Nobel Prize-winning political economist James McGill Buchanan—and dissects the operation he and his colleagues designed over six decades to alter every branch of government to disempower the majority. In a brilliant and engrossing narrative, Nancy MacLean shows how Buchanan forged his ideas about government in a last gasp attempt to preserve the white elite’s power in the wake of Brown v. Board of Education. In response to the widening of American democracy, he developed a brilliant, if diabolical, plan to undermine the ability of the majority to use its numbers to level the playing field between the rich and powerful and the rest of us. Corporate donors and their right-wing foundations were only too eager to support Buchanan’s work in teaching others how to divide America into “makers” and “takers.” And when a multibillionaire on a messianic mission to rewrite the social contract of the modern world, Charles Koch, discovered Buchanan, he created a vast, relentless, and multi-armed machine to carry out Buchanan’s strategy. Without Buchanan's ideas and Koch's money, the libertarian right would not have succeeded in its stealth takeover of the Republican Party as a delivery mechanism. Now, with Mike Pence as Vice President, the cause has a longtime loyalist in the White House, not to mention a phalanx of Republicans in the House, the Senate, a majority of state governments, and the courts, all carrying out the plan. That plan includes harsher laws to undermine unions, privatizing everything from schools to health care and Social Security, and keeping as many of us as possible from voting. Based on ten years of unique research, Democracy in Chains tells a chilling story of right-wing academics and big money run amok. This revelatory work of scholarship is also a call to arms to protect the achievements of twentieth-century American self-government.
