Law, Society, and Democracy: Comparative Perspectives


Book Description

In George Bush's Second Inaugural Address, he stated, "so it is the policy of the United States to seek and support the growth of democratic movements and institutions in every nation and culture ..." Along with such a formidable challenge, comes the essential need for scholars and policy makers alike to gain a deeper understanding of the interrelationship between law, society, and culture. Collected from the successful 2005 Syracuse conference of the same name, the papers in this unique issue of The ANNALS zero in on critical studies that focus on other societies – which are evolving toward (or away from) constitutional democracy and a rule of law. Not to be confused with Social Darwinism, the term legal evolution in this context refers to the development or changes of law; and the papers included here demonstrate value-free objectivity – not labeling the results as either "good" or "bad." Rather than offering a prescriptive or claiming a precise forecast, this collection of thoughtful research examines the sociocultural foundations on which law is built, constructing the groundwork for the advancement of policy and further exploration in this intriguing area of study. The intense research conducted by these authors shines through as they elucidate the patterns of legal development and governmental change in societies abroad. Their reports and analysis will help readers understand the diversity of sociolegal systems and divergent paths that have been followed as laws have developed in a wide variety of societies, including South Africa, Germany, Latin America Sudan, Saudi-Arabia, and China. Terrorism remains an underlying issue in both a domestic and global perspective. Can law contribute to the control of terrorism? Are we moving toward global rules of law? What are the consequences of transitioning toward democracy? The thoughtful papers in this issue address these and other timely topics. How can legal evolution be a useful tool for analyzing social change? How well does law in any society express and implement the needs of the population? What effect do social mores have on the effectiveness of law? The complexity of these questions cannot be easily answered. However, after carefully reviewing the rich collection of ideas gathered in this single issue, scholars and policy makers will gain a deeper understanding of the evolution of law and constitutional democracy.




Democracy, Inequality, and Representation in Comparative Perspective


Book Description

The gap between the richest and poorest Americans has grown steadily over the last thirty years, and economic inequality is on the rise in many other industrialized democracies as well. But the magnitude and pace of the increase differs dramatically across nations. A country's political system and its institutions play a critical role in determining levels of inequality in a society. Democracy, Inequality, and Representation argues that the reverse is also true—inequality itself shapes political systems and institutions in powerful and often overlooked ways. In Democracy, Inequality, and Representation, distinguished political scientists and economists use a set of international databases to examine the political causes and consequences of income inequality. The volume opens with an examination of how differing systems of political representation contribute to cross-national variations in levels of inequality. Torben Iverson and David Soskice calculate that taxes and income transfers help reduce the poverty rate in Sweden by over 80 percent, while the comparable figure for the United States is only 13 percent. Noting that traditional economic models fail to account for this striking discrepancy, the authors show how variations in electoral systems lead to very different outcomes. But political causes of disparity are only one part of the equation. The contributors also examine how inequality shapes the democratic process. Pablo Beramendi and Christopher Anderson show how disparity mutes political voices: at the individual level, citizens with the lowest incomes are the least likely to vote, while high levels of inequality in a society result in diminished electoral participation overall. Thomas Cusack, Iverson, and Philipp Rehm demonstrate that uncertainty in the economy changes voters' attitudes; the mere risk of losing one's job generates increased popular demand for income support policies almost as much as actual unemployment does. Ronald Rogowski and Duncan McRae illustrate how changes in levels of inequality can drive reforms in political institutions themselves. Increased demand for female labor participation during World War II led to greater equality between men and women, which in turn encouraged many European countries to extend voting rights to women for the first time. The contributors to this important new volume skillfully disentangle a series of complex relationships between economics and politics to show how inequality both shapes and is shaped by policy. Democracy, Inequality, and Representation provides deeply nuanced insight into why some democracies are able to curtail inequality—while others continue to witness a division that grows ever deeper.




Democracy and the Media


Book Description

This book presents a systematic overview and assessment of the impacts of politics on the media, and of the media on politics, in authoritarian, transitional and democratic regimes in Russia, Spain, Hungary, Chile, Italy, Great Britain, Germany, Japan, the Netherlands, and the United States. Its analysis of the interactions between macro- and micro-level factors incorporates the disciplinary perspectives of political science, mass communications, sociology and social psychology. These essays show that media's effects on politics are the product of often complex and contingent interactions among various causal factors, including media technologies, the structure of the media market, the legal and regulatory framework, the nature of basic political institutions, and the characteristics of individual citizens. The authors' conclusions challenge a number of conventional wisdoms concerning the political roles and effects of the mass media on regime support and change, on the political behavior of citizens, and on the quality of democracy.




Swiss Democracy


Book Description

An updated third edition of this authoriative analysis of Swiss democracy, the institutions of federalism, and consensus democracy through political power sharing. Linder analyses the scope and limits of citizen's participation in direct democracy, which distinguishes Switzerland from most parliamentary systems.




Social Media and Democracy


Book Description

A state-of-the-art account of what we know and do not know about the effects of digital technology on democracy.




Democracies and International Law


Book Description

Contrasts democratic and authoritarian approaches to international law, explaining how their interaction will affect the world in the future.




Prosecutors and Democracy


Book Description

The first sustained, scholarly examination of the relationship between prosecutors and democracy from a cross-national, cross-disciplinary perspective. Written by a team of internationally distingushed contributors, this is an ideal resource for legal scholars and reformers, political philosophers, and social scientists.




Comparative Perspectives on Social Movements


Book Description

Social movements such as environmentalism, feminism, nationalism, and the anti-immigration movement are a prominent feature of the modern world and have attracted increasing attention from scholars in many countries. Comparative Perspectives on Social Movements, first published in 1996, brings together a set of essays that focus upon mobilization structures and strategies, political opportunities, and cultural framing and ideologies. The essays are comparative and include studies of the former Soviet Union and eastern Europe, the United States, Italy, the Netherlands, and Germany. Their authors are amongst the leaders in the development of social movement theory and the empirical study of social movements.




Democracy and the Rule of Law


Book Description

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.




The Sociology of Law and the Global Transformation of Democracy


Book Description

Provides a new legal-sociological theory of democracy, reflecting the impact of global law on national political institutions. This title is also available as Open Access.