Author : Dannica Fleuß
Publisher : Emerald Group Publishing
Page : 210 pages
File Size : 29,97 MB
Release : 2021-06-30
Category : Social Science
ISBN : 1800437226
Radical Proceduralism bridges the gap between political philosophy and practical institutional experimentation asking us to bring citizens back in and to engage them in a dialogue about ‘the rules of the democratic game’ and proposing institutional devices that figure as ‘conversation starters’ and facilitate such dialogues.
Author : Dannica Fleuß
Publisher : Emerald Group Publishing
Page : 216 pages
File Size : 19,9 MB
Release : 2021-06-30
Category : Social Science
ISBN : 180043720X
Radical Proceduralism bridges the gap between political philosophy and practical institutional experimentation asking us to bring citizens back in and to engage them in a dialogue about ‘the rules of the democratic game’ and proposing institutional devices that figure as ‘conversation starters’ and facilitate such dialogues.
Author : Leonardo Fiorespino
Publisher : Springer Nature
Page : 321 pages
File Size : 25,3 MB
Release : 2022-03-02
Category : Philosophy
ISBN : 3030849694
This book offers an extensive comparative analysis of populism and radical democratic theories, tracing the line dividing the respective conceptions of ‘people’ and ‘popular sovereignty’. Whereas populism is often said to intertwine with democracy in some way, the contention of this book is that it significantly departs from democratic theory and practice, and belongs to a distinct conceptual space. It cannot be made to overlap, for instance, with “illiberal democracy”, the “democratic myth”, a crude electoral majoritarianism, nor can it amount to hiding undemocratic policies into properly democratic justifications. These positions, frequent as they are in the literature, are contested on the grounds of the dividing line identified, which starts unfolding at the level of the conception of ‘the people’ – i.e., of the sovereign – presupposed by populists and democrats. This book is of great interest to scholars involved in the study of democratic theory, contemporary challenges to democracy and the recent upsurge of populist discourse, as it helps better understand populism as a political phenomenon and more adequately defines it as a self-standing concept in political theory.
Author : Luc J. Wintgens
Publisher : Routledge
Page : 383 pages
File Size : 25,1 MB
Release : 2017-03-02
Category : Law
ISBN : 1351881264
This work provides a rational framework for legislation. The unifying premise behind the essays is that, although legislation and regulation are the result of a political process, legislation and regulation can be the object of theoretical study. The volume focuses on problems that are common to most European legal systems and the approach involves applying to legislative problems the tools of legal theory - hence 'legisprudence'. Whereas traditional legal theory deals predominantly with the application of law by the judge, legisprudence enlarges the field of study so as to include the creation of law by the legislator. The original essays published in this collection expose and develop a range of new insights into the relationship between legislative problems and legal theory in a way which will engage and interest legal scholars throughout the world.
Author : Samantha Besson
Publisher : Bloomsbury Publishing
Page : 622 pages
File Size : 49,54 MB
Release : 2005-11-25
Category : Law
ISBN : 1847310184
This book explores the relationship between the law and pervasive and persistent reasonable disagreement about justice. It reveals the central moral function and creative force of reasonable disagreement in and about the law and shows why and how lawyers and legal philosophers should take reasonable conflict more seriously. Even though the law should be regarded as the primary mode of settlement of our moral conflicts,it can, and should, also be the object and the forum of further moral conflicts. There is more to the rule of law than convergence and determinacy and it is important therefore to question the importance of agreement in law and politics. By addressing in detail issues pertaining to the nature and sources of disagreement, its extent and significance, as well as the procedural, institutional and substantive responses to disagreement in the law and their legitimacy, this book suggests the value of a comprehensive approach to thinking about conflict, which until recently has been analysed in a compartmentalized way. It aims to provide a fully-fledged political morality of conflict by drawing on the analysis of topical jurisprudential questions in the new light of disagreement. Developing such a global theory of disagreement in the law should be read in the context of the broader effort of reconstructing a complete account of democratic law-making in pluralistic societies. The book will be of value not only to legal philosophers and constitutional theorists, but also to political and democratic theorists, as well as to all those interested in public decision-making in conditions of conflict.
Author : Craig Calhoun
Publisher : MIT Press
Page : 516 pages
File Size : 13,31 MB
Release : 1993-03-02
Category : Philosophy
ISBN : 9780262531146
In this book, scholars from a wide range of disciplines respond to Habermas's most directly relevant work, The Structural Transformation of the Public Sphere. The relationship between civil society and public life is in the forefront of contemporary discussion. No single scholarly voice informs this discussion more than that of Jürgen Habermas. His contributions have shaped the nature of debates over critical theory, feminism, cultural studies, and democratic politics. In this book, scholars from a wide range of disciplines respond to Habermas's most directly relevant work, The Structural Transformation of the Public Sphere. From political theory to cultural criticism, from ethics to gender studies, from history to media studies, these essays challenge, refine, and extend our understanding of the social foundations and changing character of democracy and public discourse. Contributors Hannah Arendt, Keith Baker, Seyla Benhabib, Harry C. Boyte, Craig Calhoun, Geoff Eley, Nancy Fraser, Nicholas Garnham, Jürgen Habermas, Peter Hohendahl, Lloyd Kramer, Benjamin Lee, Thomas McCarthy, Moishe Postone, Mary P. Ryan, Michael Schudson, Michael Warner, David Zaret
Author : Dennis Patterson
Publisher : John Wiley & Sons
Page : 704 pages
File Size : 45,48 MB
Release : 2010-01-15
Category : Law
ISBN : 1444320122
The articles in this new edition of A Companion to Philosophy ofLaw and Legal Theory have been updated throughout, and theaddition of ten new articles ensures that the volume continues tooffer the most up-to-date coverage of current thinking inlegal philosophy. Represents the definitive handbook of philosophy of law andcontemporary legal theory, invaluable to anyone with an interest inlegal philosophy Now features ten entirely new articles, covering the areas ofrisk, regulatory theory, methodology, overcriminalization,intention, coercion, unjust enrichment, the rule of law, law andsociety, and Kantian legal philosophy Essays are written by an international team of leadingscholars
Author : Michelle Everson
Publisher : Routledge
Page : 493 pages
File Size : 46,34 MB
Release : 2007-09-21
Category : Law
ISBN : 1134070667
An original and innovative recasting of constitutionalism, written by acknowledged experts in the field, this empirically grounded and theoretically informed volume addresses the strategies and philosophies that judges and lawyers bring to bear when creating European constitutional jurisprudence; investigating and promoting promotes the sustainability of a theory or praxis of ‘procedural’ constitutionalism. Building upon European and American critical legal scholarship, Michelle Everson and Julia Eisner argue that constitutional adjudication has never been the neutral matter of a mere judicial ‘identification’ of the values, norms and procedures that each society seeks to concretise in its own body of constitutional law. Instead, a ‘mythology’ of comprehensive national constitutional settlement has obscured the primary legal constitutional conundrum that is created by the requirement that a judiciary must always adapt its constitutional jurisprudence to the evolving values that are to be found within any society; but must always, also, maintain the integrity and autonomy of the law itself. European judges and lawyers, having been denied recourse to all forms of constitutional mythology, provide us with an alternative model of constitutionalism; one that does not require a founding myth of constitutional settlement, and one which both secures the autonomy of law, as well as ensures dialogue between law and society. This occurs, however, not through grand theories of ‘constitutional adjudication’ but, as The Making of a European Constitution documents, rather through a practical process.
Author : Sonali Chakravarti
Publisher : University of Chicago Press
Page : 159 pages
File Size : 43,31 MB
Release : 2020-01-24
Category : Law
ISBN : 022665429X
Juries have been at the center of some of the most emotionally charged moments of political life. At the same time, their capacity for legitimate decision making has been under scrutiny, because of events like the acquittal of George Zimmerman by a Florida jury for the shooting of Trayvon Martin and the decisions of several grand juries not to indict police officers for the killing of unarmed black men. Meanwhile, the overall use of juries has also declined in recent years, with most cases settled or resolved by plea bargain. With Radical Enfranchisement in the Jury Room and Public Life, Sonali Chakravarti offers a full-throated defense of juries as a democratic institution. She argues that juries provide an important site for democratic action by citizens and that their use should be revived. The jury, Chakravarti argues, could be a forward-looking institution that nurtures the best democratic instincts of citizens, but this requires a change in civic education regarding the skills that should be cultivated in jurors before and through the process of a trial. Being a juror, perhaps counterintuitively, can guide citizens in how to be thoughtful rule-breakers by changing their relationship to their own perceptions and biases and by making options for collective action salient, but they must be better prepared and instructed along the way.
Author : Terry Carney
Publisher : Federation Press
Page : 180 pages
File Size : 12,93 MB
Release : 2001
Category : Law
ISBN : 9781862873667
Contractualism and Citizenship is a special issue (Volume 18 No 2) of the journal Law in Context. The contents are listed below. You can read the abstract for each chapter by clicking on its title.You can purchase a single copy of this issue through this page, or subscribe to the journal from the journal page.
