Download or read book Equality and Legitimacy written by Wojciech Sadurski and published by . This book was released on 2008 with total page 259 pages. Available in PDF, EPUB and Kindle. Book excerpt: This text examines the relationship between the idea of legitimacy of law in a democratic system and equality. It seeks to demonstrate how a conception of democratic legitimacy is necessary for understanding and reconciling equality and political legitimacy.
Download or read book The Clash of Rights written by Paul M. Sniderman and published by Yale University Press. This book was released on 1996-01-01 with total page 310 pages. Available in PDF, EPUB and Kindle. Book excerpt: Why do citizens in pluralist democracies disagree collectively about the very values they agree on individually? This provocative book highlights the inescapable conflicts of rights and values at the heart of democratic politics. Based on interviews with thousands of citizens and political decision makers, the book focuses on modern Canadian politics, investigating why a country so fortunate in its history and circumstances is on the brink of dissolution. Taking advantage of new techniques of computer-assisted interviewing, the authors explore the politics of a wide array of issues, from freedom of expression to public funding of religious schools to government wiretapping to antihate legislation, analyzing not only why citizens take the positions they do but also how easily they can be talked out of them. In the process, the authors challenge a number of commonly held assumptions about democratic politics. They show, for example, that political elites do not constitute a special bulwark protecting civil liberties; that arguments over political rights are as deeply driven by commitment to the master values of democratic politics as by failure to understand them; and that consensus on the rights of groups is inherently more fragile than on the rights of individuals.
Download or read book Legitimacy written by Arthur Isak Applbaum and published by Harvard University Press. This book was released on 2019-11-19 with total page 305 pages. Available in PDF, EPUB and Kindle. Book excerpt: At an unsettled time for liberal democracy, with global eruptions of authoritarian and arbitrary rule, here is one of the first full-fledged philosophical accounts of what makes governments legitimate. What makes a government legitimate? The dominant view is that public officials have the right to rule us, even if they are unfair or unfit, as long as they gain power through procedures traceable to the consent of the governed. In this rigorous and timely study, Arthur Isak Applbaum argues that adherence to procedure is not enough: even a properly chosen government does not rule legitimately if it fails to protect basic rights, to treat its citizens as political equals, or to act coherently. How are we to reconcile every person’s entitlement to freedom with the necessity of coercive law? Applbaum’s answer is that a government legitimately governs its citizens only if the government is a free group agent constituted by free citizens. To be a such a group agent, a government must uphold three principles. The liberty principle, requiring that the basic rights of citizens be secured, is necessary to protect against inhumanity, a tyranny in practice. The equality principle, requiring that citizens have equal say in selecting who governs, is necessary to protect against despotism, a tyranny in title. The agency principle, requiring that a government’s actions reflect its decisions and its decisions reflect its reasons, is necessary to protect against wantonism, a tyranny of unreason. Today, Applbaum writes, the greatest threat to the established democracies is neither inhumanity nor despotism but wantonism, the domination of citizens by incoherent, inconstant, and incontinent rulers. A government that cannot govern itself cannot legitimately govern others.
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.
Download or read book The Legitimacy of International Human Rights Regimes written by Andreas Føllesdal and published by Cambridge University Press. This book was released on 2013-10-24 with total page 323 pages. Available in PDF, EPUB and Kindle. Book excerpt: The past sixty years have seen an expansion of international human rights conventions and supervisory organs, not least in Europe. While these international legal instruments have enlarged their mandate, they have also faced opposition and criticism from political actors at the state level, even in well-functioning democracies. Against the backdrop of such contestations, this book brings together prominent scholars in law, political philosophy and international relations in order to address the legitimacy of international human rights regimes as a theoretically challenging and politically salient case of international authority. It provides a unique and thorough overview of the legitimacy problems involved in the global governance of human rights.
Download or read book Police Brutality Racial Profiling and Discrimination in the Criminal Justice System written by Egharevba, Stephen and published by IGI Global. This book was released on 2016-11-17 with total page 395 pages. Available in PDF, EPUB and Kindle. Book excerpt: In order to protect and defend citizens, the foundational concepts of fairness and equality must be adhered to within any criminal justice system. When this is not the case, accountability of authorities should be pursued to maintain the integrity and pursuit of justice. Police Brutality, Racial Profiling, and Discrimination in the Criminal Justice System is an authoritative reference source for the latest scholarly material on social problems involving victimization of minorities and police accountability. Presenting relevant perspectives on a global and cross-cultural scale, this book is ideally designed for researchers, professionals, upper-level students, and practitioners involved in the fields of criminal justice and corrections.
Download or read book Legitimacy Justice and Public International Law written by Lukas H. Meyer and published by Cambridge University Press. This book was released on 2009-11-12 with total page 333 pages. Available in PDF, EPUB and Kindle. Book excerpt: "Most chapters in this volume were first presented at a symposium held at the University of Bern in December 2006"--Page ix.
Download or read book Equality and Legitimacy written by Wojciech Sadurski and published by OUP Oxford. This book was released on 2008-05-01 with total page 280 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book examines the relationship between the idea of legitimacy of law in a democratic system and equality, conceived in a tripartite sense: political, legal, and social. Exploring the constituent elements of the legal philosophy underlying concepts of legitimacy, this book seeks to demonstrate how a conception of democratic legitimacy is necessary for understanding and reconciling equality and political legitimacy by tracing and examining the conceptions of equality in political, legal, and social dimensions. In the sphere of political equality this book argues that the best construction of equality in a democratic system - which resonates with the legitimizing function of majority rule - is that of equality of political opportunity. It is largely procedural, but those procedures represent important substantive values built into a majoritarian system. In the sphere of legal equality it argues that a plausible conception of non-discrimination can be constructed through a "reflective equilibrium" process, and should reject a thoughtless assumption that the presence of some particular criteria of differentiations necessarily taints a legal classification as discriminatory. Finally, the chapters on social equality explore, in some detail, the currently influential, and presumptively attractive, "luck egalitarianism": the idea that social equality calls for neutralizing the disparate effects of bad brute luck upon a person's position in society.
Download or read book The Political Thought of Jacques Ranci re written by Todd May and published by Penn State Press. This book was released on 2008 with total page 214 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book examines the political perspective of French thinker and historian Jacques Ranci&ère. Ranci&ère argues that a democratic politics emerges out of people&’s acting under the presupposition of their own equality with those better situated in the social hierarchy. Todd May examines and extends this presupposition, offering a normative framework for understanding it, placing it in the current political context, and showing how it challenges traditional political philosophy and opens up neglected political paths. He demonstrates that the presupposition of equality orients political action around those who act on their own behalf&—and those who act in solidarity with them&—rather than, as with the political theories of John Rawls, Robert Nozick, and Amartya Sen, those who distribute the social goods. As May argues, Ranci&ère&’s view offers both hope and perspective for those who seek to think about and engage in progressive political action.
Download or read book Seeking Legitimacy written by Aili Mari Tripp and published by Cambridge University Press. This book was released on 2019-08-08 with total page 337 pages. Available in PDF, EPUB and Kindle. Book excerpt: A comparative study based on extensive fieldwork, and an original database of gender-based reforms in the Middle East and North Africa, Aili Mari Tripp analyzes why autocratic leaders in Morocco, Algeria and Tunisia adopted more extensive women's rights than their Middle Eastern counterparts.
Download or read book China s Quest for Political Legitimacy written by Baogang Guo and published by Lexington Books. This book was released on 2010-09-23 with total page 236 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book examines the new equity-enhancing politics in China in the context of Chinese traditional cognitive patterns of political legitimacy and its implication for Chinese political development in the near future. Based on an analysis of the new governing philosophy, the generation of political elite, and a new set of public policies, the book reaffirms the emergence of a new Chinese polity that infuses one-party rule with limited electoral and deliberative democracies. Unlike many scholars who perceive the contemporary Chinese history as a constant search for democracy, this book takes a very different approach. It asserts that the enduring question in political development in China today is no different from what was sought after throughout Chinese history, namely, the constant search for political legitimacy. Even though the quest for democracy is instrumental to that end, it may not ultimately lead to the embrace of a full-fledged liberal democracy. The new politics is not only a rationalization of the efficiency-based development, but also a major paradigm shift in China's developmental strategy.
Download or read book Efficiency Equity and Legitimacy written by Roger B. Porter and published by Brookings Institution Press. This book was released on 2001 with total page 468 pages. Available in PDF, EPUB and Kindle. Book excerpt: Despite its widely acknowledged contribution to global prosperity over the past half century, the movement toward further liberalization has increasingly been challenged. This collection of essays examine several key issues at the heart of the debate over the multilateral trading system.
Download or read book The Society of Equals written by Pierre Rosanvallon and published by Harvard University Press. This book was released on 2013-11-04 with total page 280 pages. Available in PDF, EPUB and Kindle. Book excerpt: Since the 1980s, society’s wealthiest members have claimed an ever-expanding share of income and property. It has been a true counterrevolution, says Pierre Rosanvallon—the end of the age of growing equality launched by the American and French revolutions. And just as significant as the social and economic factors driving this contemporary inequality has been a loss of faith in the ideal of equality itself. An ambitious transatlantic history of the struggles that, for two centuries, put political and economic equality at their heart, The Society of Equals calls for a new philosophy of social relations to reenergize egalitarian politics. For eighteenth-century revolutionaries, equality meant understanding human beings as fundamentally alike and then creating universal political and economic rights. Rosanvallon sees the roots of today’s crisis in the period 1830–1900, when industrialized capitalism threatened to quash these aspirations. By the early twentieth century, progressive forces had begun to rectify some imbalances of the Gilded Age, and the modern welfare state gradually emerged from Depression-era reforms. But new economic shocks in the 1970s began a slide toward inequality that has only gained momentum in the decades since. There is no returning to the days of the redistributive welfare state, Rosanvallon says. Rather than resort to outdated notions of social solidarity, we must instead revitalize the idea of equality according to principles of singularity, reciprocity, and communality that more accurately reflect today’s realities.
Download or read book Law and Legitimacy in the Supreme Court written by Richard H. Fallon and published by Harvard University Press. This book was released on 2018-02-19 with total page 237 pages. Available in PDF, EPUB and Kindle. Book excerpt: Legitimacy and judicial authority -- Constitutional meaning : original public meaning -- Constitutional meaning : varieties of history that matter -- Law in the Supreme Court : jurisprudential foundations -- Constitutional constraints -- Constitutional theory and its relation to constitutional practice -- Sociological, legal, and moral legitimacy : today and tomorrow
Download or read book The Rights Paradox written by Michael A. Zilis and published by Cambridge University Press. This book was released on 2021-04-15 with total page 195 pages. Available in PDF, EPUB and Kindle. Book excerpt: What happens to the legitimacy of the Supreme Court when it protects 'equal justice under law'?
Download or read book Democratic Legitimacy written by Fabienne Peter and published by Routledge. This book was released on 2009-01-13 with total page 177 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book offers a systematic treatment of democratic legitimacy, interpreted as a distinct normative concept. It defends the view that democratic legitimacy requires that decisions are made in a process that is politically and epistemically fair.
Download or read book Legitimacy and Power Politics written by Mlada Bukovansky and published by Princeton University Press. This book was released on 2009-01-10 with total page 265 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book examines the causes and consequences of a major transformation in both domestic and international politics: the shift from dynastically legitimated monarchical sovereignty to popularly legitimated national sovereignty. It analyzes the impact of Enlightenment discourse on politics in eighteenth-century Europe and the United States, showing how that discourse facilitated new authority struggles in Old Regime Europe, shaped the American and French Revolutions, and influenced the relationships between the revolutionary regimes and the international system. The interaction between traditional and democratic ideas of legitimacy transformed the international system by the early nineteenth century, when people began to take for granted the desirability of equality, individual rights, and restraint of power. Using an interpretive, historically sensitive approach to international relations, the author considers the complex interplay between elite discourses about political legitimacy and strategic power struggles within and among states. She shows how culture, power, and interests interacted to produce a crucial yet poorly understood case of international change. The book not only shows the limits of liberal and realist theories of international relations, but also demonstrates how aspects of these theories can be integrated with insights derived from a constructivist perspective that takes culture and legitimacy seriously. The author finds that cultural contests over the terms of political legitimacy constitute one of the central mechanisms by which the character of sovereignty is transformed in the international system--a conclusion as true today as it was in the eighteenth century.
