Download or read book Democracy Or the Scientific Method in Law and Policy Making written by Frederick Keating Beutel and published by . This book was released on 1965 with total page 278 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book Science for Policy Handbook written by Vladimir Sucha and published by Elsevier. This book was released on 2020-07-29 with total page 288 pages. Available in PDF, EPUB and Kindle. Book excerpt: Science for Policy Handbook provides advice on how to bring science to the attention of policymakers. This resource is dedicated to researchers and research organizations aiming to achieve policy impacts. The book includes lessons learned along the way, advice on new skills, practices for individual researchers, elements necessary for institutional change, and knowledge areas and processes in which to invest. It puts co-creation at the centre of Science for Policy 2.0, a more integrated model of knowledge-policy relationship. Covers the vital area of science for policymaking Includes contributions from leading practitioners from the Joint Research Centre/European Commission Provides key skills based on the science-policy interface needed for effective evidence-informed policymaking Presents processes of knowledge production relevant for a more holistic science-policy relationship, along with the types of knowledge that are useful in policymaking

Download or read book The Law of Deliberative Democracy written by Ron Levy and published by Routledge. This book was released on 2016-11-03 with total page 271 pages. Available in PDF, EPUB and Kindle. Book excerpt: Laws have colonised most of the corners of political practice, and now substantially determine the process and even the product of democracy. Yet analysis of these laws of politics has been hobbled by a limited set of theories about politics. Largely absent is the perspective of deliberative democracy – a rising theme in political studies that seeks a more rational, cooperative, informed, and truly democratic politics. Legal and political scholarship often view each other in reductive terms. This book breaks through such caricatures to provide the first full-length examination of whether and how the law of politics can match deliberative democratic ideals. Essential reading for those interested in either law or politics, the book presents a challenging critique of laws governing electoral politics in the English-speaking world. Judges often act as spoilers, vetoing or naively reshaping schemes meant to enhance deliberation. This pattern testifies to deliberation’s weak penetration into legal consciousness. It is also a fault of deliberative democracy scholarship itself, which says little about how deliberation connects with the actual practice of law. Superficially, the law of politics and deliberative democracy appear starkly incompatible. Yet, after laying out this critique, The Law of Deliberative Democracy considers prospects for reform. The book contends that the conflict between law and public deliberation is not inevitable: it results from judicial and legislative choices. An extended, original analysis demonstrates how lawyers and deliberativists can engage with each other to bridge their two solitudes.

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 Democracy Freedom and Coercion written by Alain Marciano and published by Edward Elgar Publishing. This book was released on 2007-01-01 with total page 297 pages. Available in PDF, EPUB and Kindle. Book excerpt: Democracy, Freedom and Coercion is a welcome addition to the public choice literature. It steps outside of the often used contractarian perspective and recognizes that all governments are ultimately based on coercion. . . the volume s chapters make important contributions that should be of interest to public choice scholars engaged in this research program. Benjamin Powell, Public Choice The big picture here is the tension between coercion and freedom within democracy. Each essay offers a view of this big picture through a different lens: empirical, theoretical, comparative, etc.; and also offers a different focus: on the conceptualisation and measurement of power, the legitimacy of economic democracy, the identification of the developing pattern of democracy, the impact of political violence etc. But the essays combine well so that together they illuminate the big picture from a variety of perspectives. Thought provoking and challenging an excellent read for anyone interested in the more detailed analysis of the issues that make up the big picture. Alan Hamlin, University of Manchester, UK So much of the academic analysis of democracy focuses on agreement and ignores the fact that all government action ultimately is backed by coercion. This volume offers a thoughtful examination of the inherent tensions between liberty and coercion that are an inevitable part of democratic government. Randall G. Holcombe, Florida State University, US States need to be strong in order to enforce private property rights; yet, this very strength can cause problems as representatives of the state can misuse it for their individual goals. This dilemma of the strong state has been occupying political philosophers for centuries. In this volume, to which economists but also political scientists have contributed, a number of new and unexpected variations on the topic are explored. This makes the volume an exciting read. Stefan Voigt, University of Marburg, Germany The contribution covers the niche between law and economics and the political theory of the state and its constitution. Now we can integrate traditional political theory into our doctoral seminars in law and economics a long overdue step ahead. Jürgen G. Backhaus, Erfurt University, Germany The essence of democratic power lies in the capacity to protect individual freedom while organizing the necessary coercion associated with any form of government. Yet, as the authors of this book maintain, developing coercion in order to protect freedom, and containing coercion in order to further protect freedom, is an arduous task, and one that faces any democratic Leviathan. The aim of this book is to explore this paradox and to analyse the intricate balance of freedom and coercion in developing states. In so doing it considers the legal and institutional conditions under which coercion and violence are admitted and/or permitted, and how these conditions should be organized in order to preserve and develop freedom as far as possible. Democracy, Freedom and Coercion comprehensively covers both private and public law, both applied and theoretical issues, and will therefore be of great interest to students studying law and economics. It will also serve as a reference tool to those academics in the field of legal competition, especially from the perspective of European issues.

Download or read book Scientific Democracy Invented written by Ronald Pereira and published by Trafford Publishing. This book was released on 2006-07-28 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: CONCERNING THE TITLE: Scientific Democracy Invented The title Scientific Democracy Invented needs an explanation. Since the 16th century, Mathematicians and Sociologists have anticipated a time when politicians would solve human problems the way Scientists solve theirs, rather than through fraud, corruption, violence and warfare. There is an analogy between the Human Body and Scientific Democracy Scientific Democracy has an analogy with the working of the Human Body. This is shown in Part 15, Sections A, B, and C. Biological theory led to the Organic Theory of the State. Both Plato and Aristotle argued that the State was an organism. They argued that the cell is to the human body as the individual is to the State. Therefore the rights of the State precede the rights of individuals. Others who believed in this theory were the philosophers Claude Saint Simon, Herbert Spencer, and the Communists. Sociologists have anticipated a time when politics would become a Science, and Laws would be indisputable principles, not the Whims of elected Rulers. Please refer to Parts 1, Sections A, B and C and Part 15, Section A. In the 16th Century, Francis Bacon published his book in which he gives a vivid picture of mankind guided by the Sciences. Later, Rene Descartes tried to work out a scientific system of society but failed. In 1813, the French sociologist Claude Saint Simon published his book in which he expressed the idea that politics would become a positive science and that political problems would be solved in the way scientists solve theirs. In the nineteenth Century, Herbert Spencer expressed the belief that Politics was moving from a system based on irrational desires and ambitions to an era when the application of science will be in the direction of justice on earth. In the 19th Century, Auguste Comte published his book outlining his philosophy of history in terms of the three stages of thought. He argued that, the great political crises that societies are undergoing was caused by intellectual anarchy. He says, until a certain number of general ideas can be acknowledged as a rallying point of social doctrine, all nations will remain in a revolutionary state whatever palliatives may be devised. But whenever the necessary agreement on first principles can be obtained, appropriate institutions will issue from them without shock or resistance for the cause of the disorder will have been arrested by the mere fact of the agreement. CONCERNING THE SUB-TITLE: The Citizens obey the General Will of the People or The Will of God Prior to the French Revolution, Kings were considered to be the owners of the State and the Will of the King, their landlord, was law to the Citizens. The Law was such that the People lived in dire poverty and misery. The French philosopher, Jean Jacques Rousseau, argued in his book Social Contract that the State belonged to the People, not the King, and that King was only an agent of the People. Thus, the Citizens must obey the General Will of the People, not the Will of the King. The problem till this book was published was that Philosophers have not been able to devise a political system that establishes the General Will of the People, and the Citizens, all over the world, are forced to obey the Will of the Leader of the Majority Party that is victorious in the elections. Thus in Modern Democracies, the government is not a government of the People, it is a government of a Party (in the Party system) or a government by a Dictator (in the Presidential system). The consequences are fraud, corruption, poverty for the majority, and revolutions, and civil wars. In Scientific Democracy Invented, every citizen can participate in problem-solving, law-making or decision-making. Thus, the government is a government of the people, by the people, for the people. Every Citizen has the right to dispute the laws and decisions made by those in authority. Thus, the Will of those in authority becomes the General Will of the People. Please refer to Part 13, Sections A to E. There is another big dispute in Human Society, it is over the Will of God. In ancient times, the Sages created an entity known as God in order to induct the laws and principles that all people should obey. Some of these Sages were not concerned with GodÕs existence and characteristics, all they were concerned with was how God made his Will known to man and what God had to say. . The other category of Sages were believers in the existence of Gods and that there was a real God. Those Sages who believed that God was real and that He existed, believed that it was He who created this world, He was a Supreme Being who loved some people and disliked others, He was a male but He did not like females. He loved to be worshipped, and bestowed gifts on those who had Faith in Him and prayed to Him. The term God in ancient Religious theory was to the ancient Sages just an entity similar to the symbol X in modern Mathematics and Science. Mathematicians and Scientists use the symbol X to derive the Laws and Principles from their theories about the world. They are not concerned with the characteristics of X which is only a means to an end. Modern Religious leaders, on the other hand, venerate God as the Creator of this world, and preach that he is a Supernatural Being who can solve people's problems if the people would only believe in their theories. According to their theories, God created this world, they were God's representatives on earth, sex was evil, women were evil, God loves the rich people and those who contribute to the upkeep of the Churches. The author argues that, if God created the world, then those Laws established by Scientists are the Will of God. But it does not matter whether God really exists because the Scientists have proved that the Laws they derived are indisputable. Therefore, the assumptions the scientists made were correct and the argument over whether God really exists and created the world is like arguing over which came first, the egg or the chicken. All that really matters is that the Laws that actuate the world have been discovered by the Scientists. These Laws are the Will of God. Human Laws proclaimed by those in political power are the Will of Man but if those Laws are corrected by Dissidents in accordance with Dialectical Laws, they become the General Will of the People. Please refer to Part 13, Sections A to E. Scientific Laws that are derived from indisputable facts by Scientists are indisputable, but the General Will of the People that is established by Dissidents who do dialectical thinking is always provisional and can be corrected again and again. Those who violate either the General Will of the People or the Will of God that have been established by Scientists are the Criminals in human society. They are people who cause Evil in Human Society. In Religion we pray to God and ask him to forgive us our sins and deliver us from Evil. Forgive us our sins means, forgive us for violating the Laws especially the Moral Law that was known as the Divine Law in ancient times. Deliver us from evil is a request to keep us safe from those evil people who are in positions of power and abuse their power. There are many categories of people in who are in positions of power and abuse the laws of God and other well-defined laws. Please refer to Part 16, Sections K, L, and M.

Download or read book Politics and Expertise written by Zeynep Pamuk and published by Princeton University Press. This book was released on 2021-12-21 with total page 256 pages. Available in PDF, EPUB and Kindle. Book excerpt: A new model for the relationship between science and democracy that spans policymaking, the funding and conduct of research, and our approach to new technologies Our ability to act on some of the most pressing issues of our time, from pandemics and climate change to artificial intelligence and nuclear weapons, depends on knowledge provided by scientists and other experts. Meanwhile, contemporary political life is increasingly characterized by problematic responses to expertise, with denials of science on the one hand and complaints about the ignorance of the citizenry on the other. Politics and Expertise offers a new model for the relationship between science and democracy, rooted in the ways in which scientific knowledge and the political context of its use are imperfect. Zeynep Pamuk starts from the fact that science is uncertain, incomplete, and contested, and shows how scientists’ judgments about what is significant and useful shape the agenda and framing of political decisions. The challenge, Pamuk argues, is to ensure that democracies can expose and contest the assumptions and omissions of scientists, instead of choosing between wholesale acceptance or rejection of expertise. To this end, she argues for institutions that support scientific dissent, proposes an adversarial “science court” to facilitate the public scrutiny of science, reimagines structures for funding scientific research, and provocatively suggests restricting research into dangerous new technologies. Through rigorous philosophical analysis and fascinating examples, Politics and Expertise moves the conversation beyond the dichotomy between technocracy and populism and develops a better answer for how to govern and use science democratically.

Download or read book Democracy by Decree written by Ross Sandler and published by Yale University Press. This book was released on 2003-01-01 with total page 288 pages. Available in PDF, EPUB and Kindle. Book excerpt: As the 21st century dawns, public land policy is entering a new era. This timely book examines the historical, scientific, political, legal, and institutional developments that are changing management priorities and policies - developments that compel us to view the public lands as an integrated ecological entity and a key biodiversity stronghold. Once the background is set, each chapter opens with a specific natural resource controversy, ranging from the Pacific Northwest's spotted owl imbroglio to the struggle over southern Utah's Colorado Plateau country. Robert Keiter uses these case histories to analyse the ideas, forces, and institutions that are both fomenting and retarding change. Although Congress has the final say in how the public domain is managed, the public land agencies, federal courts, and western communities are each playing important roles in the transformation to an ecological management regime. At the same time, a newly emergent and homegrown collaborative process movement has given the public land constituencies a greater role in administering these lands. Arguing that we must integrate the new imperatives of ecosystem science with our devolutionary political tendencies, Keiter outlines a coherent new approach to natural resources policy.

Download or read book Legal Education and Public Policy written by Harold D. Lasswell and published by Routledge. This book was released on 2017-07-05 with total page 302 pages. Available in PDF, EPUB and Kindle. Book excerpt: In spite of a cascade of criticism launched against the social sciences, they have brought a qualitative improvement in method and theory to the study of human beings and human relations. In the process of developing now commonplace foundations of social research few individuals have exercised a greater role in justifying and enriching social scientific thought and practice than Harold D. Lasswell. Originally published in 1945 as The Analysis of Political Behaviour, this extraordinary volume has been re-titled Legal Education and Public Policy. The selections acknowledge Lasswell's growing anxieties about a world of revolution, violence, and terror, and the frailties of law in addressing such matters. That he did so without recourse to vague and fatuous appeals to world law and world order is an indication of how close to empirical realities he remained. Lasswell's essays fuse the legal and moral in the conduct of public policy. This did not deter him from arguing the case for and ultimate benefits of democratic values as a ground for legal thought. Lasswell singles out the interviewing technique of the psychiatrist, what he calls -the insight interview- in many of these essays. The Freudian world opened up the possibilities of analysis to political scientists who, prior to Lasswell, viewed neuroses in the leaders they studied but without normative points to measure their own biases. Lasswell's essays serve as a landmark in accelerating rapid advance in social science research. It allowed for the evolution of political behavior that has catapulted the field to a major dimension of political science studies in leadership and mass persuasion.

Download or read book Limits Of Law written by Peter Schuck and published by Routledge. This book was released on 2018-03-08 with total page 504 pages. Available in PDF, EPUB and Kindle. Book excerpt: Law is an increasingly pervasive force in our society. At the same time, however, the obstacles to law’s effectiveness are also growing. In The limits of Law, Yale law professor Peter H, Schuck draws on law, social science, and history to explore this momentous clash between law’s compelling promise of ordered liberty and the realistic limits of its capacity to deliver on this promise. Schuck first discusses the constraints within which law must work–law’s own complexity, the cultural chasms it must bridge, and the social diversity it must accommodate–and proceeds to consider the ways law uses regulatory, legislative, and adjudicatory processes to influence social behavior. He shows how politics shapes regulation, how regulation might incorporate individualized equity, and how it can best be reformed. Turning to legislation, he justifies a strong role for special interest groups, dissects purely symbolic statutes, and defends broad delegations of legislative power to regulatory agencies. Concerning adjudication, Schuck analyzes the courts’ efforts to advance social justice by controlling federal agencies, constitutionalizing politics, managing mass toxic tort disputes, and reforming public services and institutions. His concluding chapter draws together some general lessons about law’s limits and possibilities for improving democratic governance.

Download or read book Democratic Transgressions of Law written by and published by BRILL. This book was released on 2010-01-25 with total page 316 pages. Available in PDF, EPUB and Kindle. Book excerpt: Drawing on comparative and interdisciplinary research in the regulation of science and technology, this book offers a critical examination of participatory governance in legal procedure and an inquiry in the institutional and procedural possibilities of democratic participation in law.

Download or read book Science Based Lawmaking written by Dionysia-Theodora Avgerinopoulou and published by Springer Nature. This book was released on 2019-08-31 with total page 419 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Book takes the approach of a critique of the prevailing international environmental law-making processes and their systemic shortcomings. It aims to partly redesign the current international environmental law-making system in order to promote further legislation and more effectively protect the natural environment and public health. Through case studies and doctrinal analyses, an array of initial questions guides the reader through a variety of factors influencing the development of International Environmental Law. After a historical analysis, commencing from the Platonic philosophy up to present, the Book holds that some of the most decisive factors that could create an optimized law-making framework include, among others: progressive voting processes, science-based secondary international environmental legislation, new procedural rules, that enhance the participation in the law-making process by both experts and the public and also review the implementation, compliance and validity of the science-base of the laws. The international community should develop new law-making procedures that include expert opinion. Current scientific uncertainties can be resolved either by policy choices or by referring to the so-called „sound science.“ In formulating a new framework for environmental lawmaking processes, it is essential to re-shape the rules of procedure, so that experts have greater participation in those, in order to improve the quality of International Environmental Law faster than the traditional processes that mainly embrace political priorities generated by the States. Science serves as one of the main tools that will create the next generation of International Environmental Law and help the world transition to a smart, inclusive, sustainable future.

Download or read book Democracy and Executive Power written by Susan Rose-Ackerman and published by Yale University Press. This book was released on 2021-10-26 with total page 421 pages. Available in PDF, EPUB and Kindle. Book excerpt: A defense of regulatory agencies’ efforts to combine public consultation with bureaucratic expertise to serve the interest of all citizens The statutory delegation of rule-making authority to the executive has recently become a source of controversy. There are guiding models, but none, Susan Rose-Ackerman claims, is a good fit with the needs of regulating in the public interest. Using a cross-national comparison of public policy-making in the United States, the United Kingdom, France, and Germany, she argues that public participation inside executive rule-making processes is necessary to preserve the legitimacy of regulatory policy-making.

Download or read book Democracy and Distrust written by John Hart Ely and published by Harvard University Press. This book was released on 1981-08-15 with total page 281 pages. Available in PDF, EPUB and Kindle. Book excerpt: This powerfully argued appraisal of judicial review may change the face of American law. Written for layman and scholar alike, the book addresses one of the most important issues facing Americans today: within what guidelines shall the Supreme Court apply the strictures of the Constitution to the complexities of modern life? Until now legal experts have proposed two basic approaches to the Constitution. The first, “interpretivism,” maintains that we should stick as closely as possible to what is explicit in the document itself. The second, predominant in recent academic theorizing, argues that the courts should be guided by what they see as the fundamental values of American society. John Hart Ely demonstrates that both of these approaches are inherently incomplete and inadequate. Democracy and Distrust sets forth a new and persuasive basis for determining the role of the Supreme Court today. Ely’s proposal is centered on the view that the Court should devote itself to assuring majority governance while protecting minority rights. “The Constitution,” he writes, “has proceeded from the sensible assumption that an effective majority will not unreasonably threaten its own rights, and has sought to assure that such a majority not systematically treat others less well than it treats itself. It has done so by structuring decision processes at all levels in an attempt to ensure, first, that everyone’s interests will be represented when decisions are made, and second, that the application of those decisions will not be manipulated so as to reintroduce in practice the sort of discrimination that is impermissible in theory.” Thus, Ely’s emphasis is on the procedural side of due process, on the preservation of governmental structure rather than on the recognition of elusive social values. At the same time, his approach is free of interpretivism’s rigidity because it is fully responsive to the changing wishes of a popular majority. Consequently, his book will have a profound impact on legal opinion at all levels—from experts in constitutional law, to lawyers with general practices, to concerned citizens watching the bewildering changes in American law.

Download or read book On Law Politics and Judicialization written by Martin Shapiro and published by Oxford University Press. This book was released on 2002-08-22 with total page 430 pages. Available in PDF, EPUB and Kindle. Book excerpt: Across the globe, the domain of the litigator and the judge has radically expanded, making it increasingly difficult for those who study comparative and international politics, public policy and regulation, or the evolution of new modes of governance to avoid encountering a great deal of law and courts. In On Law, Politics, and Judicialization, two of the world's leading political scientists present the best of their research, focusing on how to build and test a social science oflaw and courts. The opening chapter features Shapiro's classic 'Political Jurisprudence,' and Stone Sweet's 'Judicialization and the Construction of Governance,' pieces that critically redefined research agendas on the politics of law and judging. Subsequent chapters take up diverse themes: thestrategic contexts of litigation and judging; the discursive foundations of judicial power; the social logic of precedent and appeal; the networking of legal elites; the lawmaking dynamics of rights adjudication; the success and diffusion of constitutional review; the reciprocal impact of courts and legislatures; the globalization of private law; methods, hypothesis-testing, and prediction in comparative law; and the sources and consequences of the creeping 'judicialization of politics' aroundthe world. Chosen empirical settings include the United States, the GATT-WTO, France and Germany, Imperial China and Islam, the European Union, and the transnational world of the Lex Mercatoria. Written for a broad, scholarly audience, the book is also recommended for use in graduate and advancedundergraduate courses in law and the social sciences.

Download or read book Big Data Political Campaigning and the Law written by Normann Witzleb and published by Routledge. This book was released on 2019-12-06 with total page 206 pages. Available in PDF, EPUB and Kindle. Book excerpt: In this multidisciplinary book, experts from around the globe examine how data-driven political campaigning works, what challenges it poses for personal privacy and democracy, and how emerging practices should be regulated. The rise of big data analytics in the political process has triggered official investigations in many countries around the world, and become the subject of broad and intense debate. Political parties increasingly rely on data analytics to profile the electorate and to target specific voter groups with individualised messages based on their demographic attributes. Political micro-targeting has become a major factor in modern campaigning, because of its potential to influence opinions, to mobilise supporters and to get out votes. The book explores the legal, philosophical and political dimensions of big data analytics in the electoral process. It demonstrates that the unregulated use of big personal data for political purposes not only infringes voters’ privacy rights, but also has the potential to jeopardise the future of the democratic process, and proposes reforms to address the key regulatory and ethical questions arising from the mining, use and storage of massive amounts of voter data. Providing an interdisciplinary assessment of the use and regulation of big data in the political process, this book will appeal to scholars from law, political science, political philosophy and media studies, policy makers and anyone who cares about democracy in the age of data-driven political campaigning.

Download or read book The Oxford Handbook of Law and Politics written by Keith E. Whittington and published by Oxford University Press, USA. This book was released on 2010-06-10 with total page 828 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Oxford Handbooks of Political Science are the essential guide to the state of political science today. With engaging contributions from major international scholars, The Oxford Handbook of Law and Politics provides the key point of reference for anyone working on the interception between law and political science.