Download or read book Public Reason and Courts written by Silje A. Langvatn and published by Cambridge University Press. This book was released on 2020-06-04 with total page 397 pages. Available in PDF, EPUB and Kindle. Book excerpt: Public Reason and Courts is an interdisciplinary study of public reason and courts with contributions from leading scholars in legal theory, political philosophy and political science. The book's chapters demonstrate the breadth of ways in which public reason and public justification is currently seen as relevant for adjudicative reasoning and review practices, and includes critical assessments of different ways that the idea of public reason has been applied to courts. It shows that public reason is not just an abstract theoretical concept used by political philosophers, but an idea that spurs new perspectives and normative frameworks also for legal scholars and judges. In particular, the book demonstrates the potential, and the limitations, of the idea of public reason as a source of legitimacy for courts, in a context where many courts face political backlashes and crisis of trust.
Download or read book The Cambridge Rawls Lexicon written by Jon Mandle and published by Cambridge University Press. This book was released on 2014-12-11 with total page 1112 pages. Available in PDF, EPUB and Kindle. Book excerpt: John Rawls is widely regarded as one of the most influential philosophers of the twentieth century, and his work has permanently shaped the nature and terms of moral and political philosophy, deploying a robust and specialized vocabulary that reaches beyond philosophy to political science, economics, sociology, and law. This volume is a complete and accessible guide to Rawls' vocabulary, with over 200 alphabetical encyclopaedic entries written by the world's leading Rawls scholars. From 'basic structure' to 'burdened society', from 'Sidgwick' to 'strains of commitment', and from 'Nash point' to 'natural duties', the volume covers the entirety of Rawls' central ideas and terminology, with illuminating detail and careful cross-referencing. It will be an essential resource for students and scholars of Rawls, as well as for other readers in political philosophy, ethics, political science, sociology, international relations and law.
Download or read book Constitutional Public Reason written by Wojciech Sadurski and published by . This book was released on 2022 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book shows how public reason is both central and useful for thinking about legitimacy in constitutional law and theory. It helps academics to understand many important doctrines in constitutional adjudication of some leading constitutional courts around the world and in the supranational sphere.
Download or read book Private Consciences and Public Reasons written by Kent Greenawalt and published by Oxford University Press. This book was released on 1995-08-03 with total page 238 pages. Available in PDF, EPUB and Kindle. Book excerpt: Within democratic societies, a deep division exists over the nature of community and the grounds for political life. Should the political order be neutral between competing conceptions of the good life or should it be based on some such conception? This book addresses one crucial set of problems raised by this division: What bases should officials and citizens employ in reaching political decisions and justifying their positions? Should they feel free to rely on whatever grounds seem otherwise persuasive to them, like religious convictions, or should they restrict themselves to "public reasons," reasons that are shared within the society or arise from the premises of liberal democracy? Kent Greenawalt argues that fundamental premises of liberal democracy alone do not provides answers to these questions, that much depends on historical and cultural contexts. After examining past and current practices and attitudes in the United States, he offers concrete suggestions for appropriate principles relevant to American society today. This incisive and timely analysis by one of our leading legal philosophers should attract a wide and diverse readership of scholars, practitioners, and concerned citizens.
Download or read book Populism Popular Sovereignty and Public Reason written by Péter Cserne and published by Peter Lang Gmbh, Internationaler Verlag Der Wissenschaften. This book was released on 2021-08-31 with total page 198 pages. Available in PDF, EPUB and Kindle. Book excerpt: The present volume provides a variety of perspectives on democratic decay and the erosion of the rule of law, on the re-emergence of popular sovereignty as a political category, and on public reason in an age of 'post-truthism', focusing on the CEE region and South Eastern Europe.
Download or read book Constitutional Courts and Deliberative Democracy written by Conrado Hübner Mendes and published by OUP Oxford. This book was released on 2013-12-19 with total page 1057 pages. Available in PDF, EPUB and Kindle. Book excerpt: Contemporary democracies have granted an expansive amount of power to unelected judges that sit in constitutional or supreme courts. This power shift has never been easily squared with the institutional backbones through which democracy is popularly supposed to be structured. The best institutional translation of a 'government of the people, by the people and for the people' is usually expressed through elections and electoral representation in parliaments. Judicial review of legislation has been challenged as bypassing that common sense conception of democratic rule. The alleged 'democratic deficit' behind what courts are legally empowered to do has been met with a variety of justifications in favour of judicial review. One common justification claims that constitutional courts are, in comparison to elected parliaments, much better suited for impartial deliberation and public reason-giving. Fundamental rights would thus be better protected by that insulated mode of decision-making. This justification has remained largely superficial and, sometimes, too easily embraced. This book analyses the argument that the legitimacy of courts arises from their deliberative capacity. It examines the theory of political deliberation and its implications for institutional design. Against this background, it turns to constitutional review and asks whether an argument can be made in support of judicial power on the basis of deliberative theory.
Download or read book Democracy and Equality written by Geoffrey R. Stone and published by Oxford University Press, USA. This book was released on 2020-01-06 with total page 241 pages. Available in PDF, EPUB and Kindle. Book excerpt: From 1953 to 1969, the Supreme Court under Chief Justice Earl Warren brought about many of the proudest achievements of American constitutional law. The Warren declared racial segregation and laws forbidding interracial marriage to be unconstitutional; it expanded the right of citizens to criticize public officials; it held school prayer unconstitutional; and it ruled that people accused of a crime must be given a lawyer even if they can't afford one. Yet, despite those and other achievements, conservative critics have fiercely accused the justices of the Warren Court of abusing their authority by supposedly imposing their own opinions on the nation. As the eminent legal scholars Geoffrey R. Stone and David A. Strauss demonstrate in Democracy and Equality, the Warren Court's approach to the Constitution was consistent with the most basic values of our Constitution and with the most fundamental responsibilities of our judiciary. Stone and Strauss describe the Warren Court's extraordinary achievements by reviewing its jurisprudence across a range of issues addressing our nation's commitment to the values of democracy and equality. In each chapter, they tell the story of a critical decision, exploring the historical and legal context of each case, the Court's reasoning, and how the justices of the Warren Court fulfilled the Court's most important responsibilities. This powerfully argued evaluation of the Warren Court's legacy, in commemoration of the 50th anniversary of the end of the Warren Court, both celebrates and defends the Warren Court's achievements against almost sixty-five years of unrelenting and unwarranted attacks by conservatives. It demonstrates not only why the Warren Court's approach to constitutional interpretation was correct and admirable, but also why the approach of the Warren Court was far superior to that of the increasingly conservative justices who have dominated the Supreme Court over the past half-century.
Download or read book Science and Public Reason written by Sheila Jasanoff and published by Routledge. This book was released on 2012-07-26 with total page 306 pages. Available in PDF, EPUB and Kindle. Book excerpt: This collection of essays by Sheila Jasanoff explores how democratic governments construct public reason, that is, the forms of evidence and argument used in making state decisions accountable to citizens. The term public reason as used here is not simply a matter of deploying principled arguments that respect the norms of democratic deliberation. Jasanoff investigates what states do in practice when they claim to be reasoning in the public interest. Reason, from this perspective, comprises the institutional practices, discourses, techniques and instruments through which governments claim legitimacy in an era of potentially unbounded risks—physical, political, and moral. Those legitimating efforts, in turn, depend on citizens’ acceptance of the forms of reasoning that governments offer. Included here therefore is an inquiry into the conditions that lead citizens of democratic societies to accept policy justification as being reasonable. These modes of public knowing, or “civic epistemologies,” are integral to the constitution of contemporary political cultures. Methodologically, the book is grounded in the field of Science and Technology Studies (STS). It uses in-depth qualitative studies of legal and political practices to shed light on divergent cross-cultural constructions of public reason and the reasoning political subject. The collection as a whole contributes to democratic theory, legal studies, comparative politics, geography, and ethnographies of modernity, as well as STS.
Download or read book Legitimacy and International Courts written by Nienke Grossman and published by Cambridge University Press. This book was released on 2018-02-22 with total page 397 pages. Available in PDF, EPUB and Kindle. Book excerpt: One of the most noted developments in international law over the past twenty years is the proliferation of international courts and tribunals. They decide who has the right to exploit natural resources, define the scope of human rights, delimit international boundaries and determine when the use of force is prohibited. As the number and influence of international courts grow, so too do challenges to their legitimacy. This volume provides new interdisciplinary insights into international courts' legitimacy: what drives and undermines the legitimacy of these bodies? How do drivers change depending on the court concerned? What is the link between legitimacy, democracy, effectiveness and justice? Top international experts analyse legitimacy for specific international courts, as well as the links between legitimacy and cross-cutting themes. Failure to understand and respond to legitimacy concerns can endanger both the courts and the law they interpret and apply.
Download or read book Constitutional Courts and Deliberative Democracy written by Conrado Mendes and published by Oxford University Press, USA. This book was released on 2013-12 with total page 274 pages. Available in PDF, EPUB and Kindle. Book excerpt: It is often argued that courts are better suited for impartial deliberation than partisan legislatures, and that this capacity justifies handing them substantial powers of judicial review. This book provides a thorough analysis of those claims, introducing the theory of deliberative capacity and its implications for institutional design.
Download or read book The Law as it Could be written by Owen Fiss and published by NYU Press. This book was released on 2003-10 with total page 303 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Law As It Could Be gathers Fiss’s most important work on procedure, adjudication and public reason, introduced by the author and including contextual introductions for each piece—some of which are among the most cited in Twentieth Century legal studies. Fiss surveys the legal terrain between the landmark cases of Brown v. Board of Education and Bush v. Gore to reclaim the legal legacy of the Civil Rights Movement. He argues forcefully for a vision of judges as instruments of public reason and of the courts as a means of shaping society in the image of the Constitution. In building his argument, Fiss attends to topics as diverse as the use of the injunction to restructure social institutions; how law and economics have misunderstood the role of the judge; why the movement seeking alternatives to adjudication fails to serve the public interest; and why Bush v. Gore was not the constitutional crisis some would have us believe. In so doing, Fiss reveals a vision of adjudication that vindicates the public reason on which Brown v. Board of Education was founded.
Download or read book Model Rules of Professional Conduct written by American Bar Association. House of Delegates and published by American Bar Association. This book was released on 2007 with total page 216 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Model Rules of Professional Conduct provides an up-to-date resource for information on legal ethics. Federal, state and local courts in all jurisdictions look to the Rules for guidance in solving lawyer malpractice cases, disciplinary actions, disqualification issues, sanctions questions and much more. In this volume, black-letter Rules of Professional Conduct are followed by numbered Comments that explain each Rule's purpose and provide suggestions for its practical application. The Rules will help you identify proper conduct in a variety of given situations, review those instances where discretionary action is possible, and define the nature of the relationship between you and your clients, colleagues and the courts.
Download or read book The Court of Reason written by Beatrix Himmelmann and published by Walter de Gruyter GmbH & Co KG. This book was released on 2021-11-08 with total page 1990 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Proceedings present the contributions to the 13th International Kant Congress which was held at the University of Oslo, August 6-9, 2019. The congress, which hosted speakers from more than thirty countries and five continents, was dedicated to the topic of the court of reason. The idea that reason stands before itself as a tribunal characterizes the whole of Kant's critical project. Without such a court, reason falls into conflict with itself. With such a court in place, however, it may succeed in establishing the possibility and limits of metaphysics, ethics, aesthetics, law and science. The idea of reason being its own judge is not only pivotal to a proper understanding of Kant's philosophy, but can also shed light on the burgeoning fields of meta-philosophy and philosophical methodology. The 2019 Kant Congress put special emphasis on Kant's methodology, his account of conceptual critique, and the relevance of his ideas to current issues in especially political philosophy and the philosophy of law. Additional sections discussed a wide range of topics in Kant's philosophy. The Proceedings will provide anyone who is interested in exploring the variety of present-day work on Kant and Kantian themes with a wealth of fruitful inspiration.
Download or read book Comparative Constitutional Reasoning written by András Jakab and published by Cambridge University Press. This book was released on 2017-04-27 with total page 867 pages. Available in PDF, EPUB and Kindle. Book excerpt: To what extent is the language of judicial opinions responsive to the political and social context in which constitutional courts operate? Courts are reason-giving institutions, with argumentation playing a central role in constitutional adjudication. However, a cursory look at just a handful of constitutional systems suggests important differences in the practices of constitutional judges, whether in matters of form, style, or language. Focusing on independently-verified leading cases globally, a combination of qualitative and quantitative analysis offers the most comprehensive and systematic account of constitutional reasoning to date. This analysis is supported by the examination of eighteen legal systems around the world including the European Court of Human Rights and the European Court of Justice. Universally common aspects of constitutional reasoning are identified in this book, and contributors also examine whether common law countries differ to civil law countries in this respect.
Download or read book Compromising on Justice written by Fabian Wendt and published by Routledge. This book was released on 2020-05-21 with total page 128 pages. Available in PDF, EPUB and Kindle. Book excerpt: When we compromise on justice, we accept or acquiesce to an arrangement that we judge to be unjust, or at least not fully just. Such arrangements are often described as constituting a ‘modus vivendi’. What reasons could we have to accept a modus vivendi, thereby compromising on justice? Given the fact of disagreement on justice, this is an important, but rather neglected question in political philosophy. One possible answer, inspired by John Rawls, is that compromising on justice is only justified if this nonetheless brings us as close to ideal justice as possible under given circumstances. The most straightforward way to take issue with this answer is to present other reasons to compromise on justice. The articles in this book explore epistemic reasons and those that stem from values besides justice, like democracy, peace, toleration and non-subjugation. This book thereby sheds some light on the relevance of compromising for the legitimacy of institutional arrangements. This book was previously published as a special issue of the Critical Review of Social and Political Philosophy.
Download or read book The Politics of Judicial Independence written by Bruce Peabody and published by JHU Press. This book was released on 2011 with total page 347 pages. Available in PDF, EPUB and Kindle. Book excerpt: 2011 Winner of the Selection for Professional Reading List of the U.S. Marine Corps The judiciary in the United States has been subject in recent years to increasingly vocal, aggressive criticism by media members, activists, and public officials at the federal, state, and local level. This collection probes whether these attacks as well as proposals for reform represent threats to judicial independence or the normal, even healthy, operation of our political system. In addressing this central question, the volume integrates new scholarship, current events, and the perennial concerns of political science and law. The contributors—policy experts, established and emerging scholars, and attorneys—provide varied scholarly viewpoints and assess the issue of judicial independence from the diverging perspectives of Congress, the presidency, and public opinion. Through a diverse range of methodologies, the chapters explore the interactions and tensions among these three interests and the courts and discuss how these conflicts are expressed—and competing interests accommodated. In doing so, they ponder whether the U.S. courts are indeed experiencing anything new and whether anti-judicial rhetoric affords fresh insights. Case studies from Israel, the United Kingdom, and Australia provide a comparative view of judicial controversy in other democratic nations. A unique assessment of the rise of criticism aimed at the judiciary in the United States, The Politics of Judicial Independence is a well-organized and engagingly written text designed especially for students. Instructors of judicial process and judicial policymaking will find the book, along with the materials and resources on its accompanying website, readily adaptable for classroom use.
Download or read book Political Liberalism written by John Rawls and published by Columbia University Press. This book was released on 2005-03-24 with total page 588 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book continues and revises the ideas of justice as fairness that John Rawls presented in A Theory of Justice but changes its philosophical interpretation in a fundamental way. That previous work assumed what Rawls calls a "well-ordered society," one that is stable and relatively homogenous in its basic moral beliefs and in which there is broad agreement about what constitutes the good life. Yet in modern democratic society a plurality of incompatible and irreconcilable doctrines—religious, philosophical, and moral—coexist within the framework of democratic institutions. Recognizing this as a permanent condition of democracy, Rawls asks how a stable and just society of free and equal citizens can live in concord when divided by reasonable but incompatible doctrines? This edition includes the essay "The Idea of Public Reason Revisited," which outlines Rawls' plans to revise Political Liberalism, which were cut short by his death. "An extraordinary well-reasoned commentary on A Theory of Justice...a decisive turn towards political philosophy." —Times Literary Supplement
