Download or read book Legal Republicanism written by Samantha Besson and published by Oxford University Press. This book was released on 2009-03-26 with total page 364 pages. Available in PDF, EPUB and Kindle. Book excerpt: Interest in republicanism as a political theory has burgeoned in recent years, but its implications for the understanding of law have remained largely unexplored. Legal Republicanism is the first book to offer a comprehensive, critical survey of the potential for creating republican accounts of fundamental issues in law and legal theory. Bringing together contributors with backgrounds in political and legal philosophy, the essays in the volume assess republicanism's historical traditions, conceptual coherence, and normative proposals. The collection offers a valuable insight into new debates taking place in republican political and legal theory. It also analyses potential republican approaches to concrete issues arising in areas of law such as criminal, constitutional and international law. Finally, the book includes comparisons between republican legal traditions and how they react to contemporary challenges. The book will be of value to political and democratic theorists, to legal philosophers and constitutional theorists, and all those interested in the legitimacy of decision-making in national and international settings.
Download or read book Republican Legal Theory written by M. Sellers and published by Springer. This book was released on 2003-09-07 with total page 211 pages. Available in PDF, EPUB and Kindle. Book excerpt: Republican legal theory developed out of the jurisprudential and constitutional legacy of the Roman res publica as interpreted over two millennia in Europe and North America. In this book - the most comprehensive study of republican legal ideas to date - Professor Sellers traces the development of republican legal theory. Explaining the importance of popular sovereignty, the rule of law, the separation of powers and other essential republican legal characteristics, he argues that these republican institutions have introduced a new era of justice into politics.
Download or read book American Republicanism written by Mortimer N.S. Sellers and published by Springer. This book was released on 2016-07-27 with total page 352 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book examines what 'republicanism' meant to the Americans who drafted and ratified the United States Constitution, guaranteeing a 'republican form of government' to every state in the Union. M.N.S.Sellers compares the writings and speeches of the founders with the authors they read and imitated to identify the central tenets of American republicanism, and to demonstrate that American republican though directly reflected classical models, rather than a mediating tradition of English or continental political theory.
Download or read book The Terror of Natural Right written by Dan Edelstein and published by University of Chicago Press. This book was released on 2009-10-15 with total page 351 pages. Available in PDF, EPUB and Kindle. Book excerpt: Natural right—the idea that there is a collection of laws and rights based not on custom or belief but that are “natural” in origin—is typically associated with liberal politics and freedom. In The Terror of Natural Right, Dan Edelstein argues that the revolutionaries used the natural right concept of the “enemy of the human race”—an individual who has transgressed the laws of nature and must be executed without judicial formalities—to authorize three-quarters of the deaths during the Terror. Edelstein further contends that the Jacobins shared a political philosophy that he calls “natural republicanism,” which assumed that the natural state of society was a republic and that natural right provided its only acceptable laws. Ultimately, he proves that what we call the Terror was in fact only one facet of the republican theory that prevailed from Louis’s trial until the fall of Robespierre. A highly original work of historical analysis, political theory, literary criticism, and intellectual history, The Terror of Natural Right challenges prevailing assumptions of the Terror to offer a new perspective on the Revolutionary period.
Download or read book Our Republican Constitution written by Randy E. Barnett and published by HarperCollins. This book was released on 2016-04-19 with total page 226 pages. Available in PDF, EPUB and Kindle. Book excerpt: A concise history of the long struggle between two fundamentally opposing constitutional traditions, from one of the nation’s leading constitutional scholars—a manifesto for renewing our constitutional republic. The Constitution of the United States begins with the words: “We the People.” But from the earliest days of the American republic, there have been two competing notions of “the People,” which lead to two very different visions of the Constitution. Those who view “We the People” collectively think popular sovereignty resides in the people as a group, which leads them to favor a “democratic” constitution that allows the “will of the people” to be expressed by majority rule. In contrast, those who think popular sovereignty resides in the people as individuals contend that a “republican” constitution is needed to secure the pre-existing inalienable rights of “We the People,” each and every one, against abuses by the majority. In Our Republican Constitution, renowned legal scholar Randy E. Barnett tells the fascinating story of how this debate arose shortly after the Revolution, leading to the adoption of a new and innovative “republican” constitution; and how the struggle over slavery led to its completion by a newly formed Republican Party. Yet soon thereafter, progressive academics and activists urged the courts to remake our Republican Constitution into a democratic one by ignoring key passes of its text. Eventually, the courts complied. Drawing from his deep knowledge of constitutional law and history, as well as his experience litigating on behalf of medical marijuana and against Obamacare, Barnett explains why “We the People” would greatly benefit from the renewal of our Republican Constitution, and how this can be accomplished in the courts and the political arena.
Download or read book The Sacred Fire of Liberty written by M. Sellers and published by Springer. This book was released on 1998-09-14 with total page 206 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book describes the origins of the concept of liberty in the legal and political thought of Rome, Italy, England, France and the United States of America. Professor Sellers traces the development of liberty and republican government over two centuries of European history, in association with liberal ideas. This study reveals republicanism as the parent of liberalism in modern law and politics, and demonstrates the continuing value of republican ideas in securing the liberty of contemporary states and their citizens.
Download or read book Republicanism written by Philip Pettit and published by Oxford University Press. This book was released on 1997 with total page 317 pages. Available in PDF, EPUB and Kindle. Book excerpt: This is the first full-length presentation of a republican alternative to the liberal and communitarian theories that have dominated political philosophy in recent years. The latest addition to the acclaimed Oxford Political Theory series, Pettit's eloquent and compelling account opens with an examination of the traditional republican conception of freedom as non-domination, contrasting this with established negative and positive views of liberty. The first part of the book traces the rise and decline of this conception, displays its many attractions, and makes a case for why it should still be regarded as a central political ideal. The second part of the book looks at what the implementation of the ideal would require with regard to substantive policy-making, constitutional and democratic design, regulatory control and the relation between state and civil society. Prominent in this account is a novel concept of democracy, under which government is exposed to systematic contestation, and a vision of state-societal relations founded upon civility and trust. Pettit's powerful and insightful new work offers not only a unified, theoretical overview of the many strands of republican ideas, but also a new and sophisticated perspective on studies in related fields including the history of ideas, jurisprudence, and criminology.
Download or read book Republican Democracy written by Andreas Niederberger and published by Edinburgh University Press. This book was released on 2015-04-20 with total page 345 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book explores the relationship between democracy and republicanism, and its consequences, and articulates new theoretical insights into connections between liberty, law and democratic politics. Contributors include Philip Pettit, John Ferejohn, Raine
Download or read book Natural Law Republicanism written by Michael C. Hawley and published by Oxford University Press. This book was released on 2022 with total page 265 pages. Available in PDF, EPUB and Kindle. Book excerpt: "By any metric, Cicero's works are some of the most widely read in the history of Western thought. In this book, Michael Hawley suggests that perhaps Cicero's most lasting and significant contribution to philosophy lies in helping to inspire the development of liberalism. Individual rights, the protection of private property, and political legitimacy based on the consent of the governed are often taken to be among early modern liberalism's unique innovations and part of its rebellion against classical thought. However, this book demonstrates that Cicero's thought played a central role in shaping and inspiring the liberal republican project. Cicero argued that liberty for individuals could arise only in a res publica in which the claims of the people to be sovereign were somehow united with a commitment to universal moral law, which limits what the people can rightfully do. Figures such as Hugo Grotius, John Locke, and John Adams sought to work through the tensions in Cicero's vision, laying the groundwork for a theory of politics in which the freedom of the individual and the people's collective right to rule were mediated by natural law. This book traces the development of this intellectual tradition from Cicero's original articulation through the American Founding. It concludes by exploring how our modern political ideas remain dependent on the conception of just politics first elaborated by Rome's great philosopher-statesman"--
Download or read book Natural Rights and the New Republicanism written by Michael Zuckert and published by Princeton University Press. This book was released on 2011-06-27 with total page 418 pages. Available in PDF, EPUB and Kindle. Book excerpt: In Natural Rights and the New Republicanism, Michael Zuckert proposes a new view of the political philosophy that lay behind the founding of the United States. In a book that will interest political scientists, historians, and philosophers, Zuckert looks at the Whig or opposition tradition as it developed in England. He argues that there were, in fact, three opposition traditions: Protestant, Grotian, and Lockean. Before the English Civil War the opposition was inspired by the effort to find the "one true Protestant politics--an effort that was seen to be a failure by the end of the Interregnum period. The Restoration saw the emergence of the Whigs, who sought a way to ground politics free from the sectarian theological-scriptural conflicts of the previous period. The Whigs were particularly influenced by the Dutch natural law philosopher Hugo Grotius. However, as Zuckert shows, by the mid-eighteenth century John Locke had replaced Grotius as the philosopher of the Whigs. Zuckert's analysis concludes with a penetrating examination of John Trenchard and Thomas Gordon, the English "Cato," who, he argues, brought together Lockean political philosophy and pre-existing Whig political science into a new and powerful synthesis. Although it has been misleadingly presented as a separate "classical republican" tradition in recent scholarly discussions, it is this "new republicanism" that served as the philosophical point of departure for the founders of the American republic.
Download or read book Republicanism and the Future of Democracy written by Geneviève Rousselière and published by Cambridge University Press. This book was released on 2019-04-25 with total page 309 pages. Available in PDF, EPUB and Kindle. Book excerpt: Explores how republican political thought can make a constructive and distinctive contribution to our understanding of democracy and the challenges it faces.
Download or read book What Would be Legal Steps Towards a Republic written by J. W. and published by . This book was released on 1871 with total page 44 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Radical Republicanism written by Bruno Leipold and published by Oxford University Press. This book was released on 2020-03-05 with total page 288 pages. Available in PDF, EPUB and Kindle. Book excerpt: Republicanism is a powerful resource for emancipatory struggles against domination. Its commitment to popular sovereignty subverts justifications of authority, locating power in the hands of the citizenry who hold the capacity to create, transform, and maintain their political institutions. Republicanism's conception of freedom rejects social, political, and economic structures subordinating citizens to any uncontrolled power - from capitalism and wage-labour to patriarchy and imperialism. It views any such domination as inimical to republican freedom. Moreover, it combines a revolutionary commitment to overturning despotic and tyrannical regimes with the creation of political and economic institutions that realise the sovereignty of all citizens, institutions that are resilient to threats of oligarchical control. This volume is dedicated to retrieving and developing this radical potential, challenging the more conventional moderate conceptions of republicanism. It brings together scholars at the forefront of tracing this radical heritage of the republican tradition, and developing arguments, texts, and practices into a critical and emancipatory body of political and social thought. The volume spans historical discussions of the English Levellers, French and Ottoman revolutionaries, and American abolitionists and trade unionists; explorations of the radical republican aspects of the thought of Machiavelli, Marx, and Rousseau; and theoretical examinations of social domination and popular constitutionalism. It will appeal to political theorists, historians of political thought, and political activists interested in how republicanism provides a robust and successful radical transformation to existing social and political orders.
Download or read book On the People s Terms written by Philip Pettit and published by Cambridge University Press. This book was released on 2012-12-06 with total page 351 pages. Available in PDF, EPUB and Kindle. Book excerpt: A novel, republican theory of the point of democracy, providing a model of the institutions that republican democracy would require.
Download or read book Republican Principles in International Law written by M. Sellers and published by Springer. This book was released on 2006-03-07 with total page 277 pages. Available in PDF, EPUB and Kindle. Book excerpt: Republican Principles in International Law considers the fundamental requirements of a just world order, as applied to public international law. This book sets the standard for legitimate government, both within and beyond the jurisdiction of separate states and nations.
Download or read book On Civic Republicanism written by Geoffrey C. Kellow and published by University of Toronto Press. This book was released on 2016-01-01 with total page 347 pages. Available in PDF, EPUB and Kindle. Book excerpt: On Civic Republicanism explores the enduring relevance of the ancient concepts of republicanism and civic virtue to modern questions about political engagement and identity."
Download or read book A Theory of Freedom written by Philip Pettit and published by John Wiley & Sons. This book was released on 2013-05-31 with total page 265 pages. Available in PDF, EPUB and Kindle. Book excerpt: This innovative approach to freedom starts from an account of what we mean by describing someone, in a psychological vein, as a free subject. Pettit develops an argument as to what it is that makes someone free in that basic sense; and then goes on to derive the implications of the approach for issues of freedom in political theory. Freedom in the subject is equated with the person's being fit to be held responsible and to be authorized as a partner in interaction. This book is unique among contemporary approaches - although it is true to the spirit of classical writers like Hobbes and Kant - in seeking a theory that applies to psychological issues of free agency and free will as well as to political issues in the theory of the free state and the free constitution. The driving thesis is that it is only by connecting up the different issues of freedom, psychological and political, that we can fully appreciate the nature of the questions involved, and the requirements for their resolution. The book does not not seek a comprehensive reach just for its own sake, but rather for the sake of the illumination it provides. A Theory of Freedom is a ground-breaking volume which will be of wide interest to scholars and students in political philosophy and political science.
