Download or read book The Concept of Liberal Democratic Law written by Johan Willem Gous Van der Walt and published by Law and Politics. This book was released on 2020 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book develops a historical concept of liberal democratic law through readings of the pivotal twentieth century legal theoretical positions articulated in the work of Herbert Hart, Ronald Dworkin, Duncan Kennedy, Rudolf Smend, Hans Kelsen and Carl Schmitt. It assesses the jurisprudential projects and positions of these theorists against the background of a long history of European metaphysics from which the modern concept of liberal democratic law emerged. Two key narratives are central to this history of European political and legal metaphysics. Both concern the historical development of the concept of nomos that emerged in early Greek legal and political thought. The first concerns the history of philosophical reflection on the epistemological and ontological status of legal concepts that runs from Plato to Hobbes (the realist-nominalist debate as it became known later). The second concerns the history of philosophical and political discourses on law, sovereignty and justice that starts with the nomos-physis debate in fifth century Athens and runs through medieval, modern and twentieth century conceptualisations of the relationship between law and power. Methodologically, the reading of the legal theoretical positions of Hart, Dworkin, Kennedy, Smend, Kelsen and Schmitt articulated in this book is presented as a distillation process that extracts the pure elements of liberal democratic law from the metaphysical narratives that not only cradled it, but also smothered and distorted its essential aspirations. Drawing together key insights from across the fields of jurisprudence and philosophy, this book offers an important and original re-articulation of the concept of democratic law.

Download or read book The Concept of Liberal Democratic Law written by Johan van Der Walt and published by Routledge. This book was released on 2019-09-12 with total page 289 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book develops a historical concept of liberal democratic law through readings of the pivotal twentieth century legal theoretical positions articulated in the work of Herbert Hart, Ronald Dworkin, Duncan Kennedy, Rudolf Smend, Hans Kelsen and Carl Schmitt. It assesses the jurisprudential projects and positions of these theorists against the background of a long history of European metaphysics from which the modern concept of liberal democratic law emerged. Two key narratives are central to this history of European political and legal metaphysics. Both concern the historical development of the concept of nomos that emerged in early Greek legal and political thought. The first concerns the history of philosophical reflection on the epistemological and ontological status of legal concepts that runs from Plato to Hobbes (the realist-nominalist debate as it became known later). The second concerns the history of philosophical and political discourses on law, sovereignty and justice that starts with the nomos-physis debate in fifth century Athens and runs through medieval, modern and twentieth century conceptualisations of the relationship between law and power. Methodologically, the reading of the legal theoretical positions of Hart, Dworkin, Kennedy, Smend, Kelsen and Schmitt articulated in this book is presented as a distillation process that extracts the pure elements of liberal democratic law from the metaphysical narratives that not only cradled it, but also smothered and distorted its essential aspirations. Drawing together key insights from across the fields of jurisprudence and philosophy, this book offers an important and original re-articulation of the concept of democratic law.

Download or read book Understanding Liberal Democracy written by Nicholas Wolterstorff and published by Oxford University Press. This book was released on 2012-09-27 with total page 400 pages. Available in PDF, EPUB and Kindle. Book excerpt: Understanding Liberal Democracy presents notable work by Nicholas Wolterstorff at the intersection between political philosophy and religion. Alongside his influential earlier essays, it includes nine new essays in which Wolterstorff develops original lines of argument and stakes out novel positions regarding the nature of liberal democracy, human rights, and political authority. Taken together, these positions are an attractive alternative to the so-called public reason liberalism defended by thinkers such as John Rawls. The volume will be of interest to philosophers, political theorists, and theologians, engaging a wide audience of those interested in how best to understand the nature of liberal democracy and its relation to religion.

Download or read book The Shadow of Unfairness written by Jeffrey Edward Green and published by Oxford University Press. This book was released on 2016-06-01 with total page 320 pages. Available in PDF, EPUB and Kindle. Book excerpt: In this sequel to his prize-winning book, The Eyes of the People, Jeffrey Edward Green draws on philosophy, history, social science, and literature to ask what democracy can mean in a world where it is understood that socioeconomic status to some degree will always determine opportunities for civic engagement and career advancement. Under this shadow of unfairness, Green argues that the most advantaged class are rightly subjected to compulsory public burdens. And just as provocatively, he urges ordinary citizens living in polities permanently darkened by plutocracy to acknowledge their second-class status and the uncomfortable civic ethics that come with it -- specifically an ethics whereby the pursuit of egalitarianism is informed, at least in part, by indignation, envy, uncivil modes of discourse, and even the occasional suspension of political care. Deeply engaged in the history of political thought, The Shadow of Unfairness is still first and foremost an effort to illuminate present-day politics. With the plebeians of ancient Rome as his muse, Green develops a plebeian conception of contemporary liberal democracy, at once disenchanted yet idealistic in its insistence that the Few-Many distinction might be enlisted for progressive purpose. Green's analysis is likely to unsettle all sides of the political spectrum, but its focus looks beyond narrow partisan concerns and aims instead to understand what the ongoing quest for free and equal citizenship might require once it is accepted that our political and educational systems will always be tainted by socioeconomic inequality.

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 Liberal Peace written by Michael W. Doyle and published by Routledge. This book was released on 2011-08-05 with total page 296 pages. Available in PDF, EPUB and Kindle. Book excerpt: Comprising essays by Michael W. Doyle, Liberal Peace examines the special significance of liberalism for international relations. The volume begins by outlining the two legacies of liberalism in international relations - how and why liberal states have maintained peace among themselves while at the same time being prone to making war against non-liberal states. Exploring policy implications, the author focuses on the strategic value of the inter-liberal democratic community and how it can be protected, preserved, and enlarged, and whether liberals can go beyond a separate peace to a more integrated global democracy. Finally, the volume considers when force should and should not be used to promote national security and human security across borders, and argues against President George W. Bush’s policy of "transformative" interventions. The concluding essay engages with scholarly critics of the liberal democratic peace. This book will be of great interest to students of international relations, foreign policy, political philosophy, and security studies.

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

Download or read book Against Obligation written by Abner Greene and published by Harvard University Press. This book was released on 2012-04-13 with total page 346 pages. Available in PDF, EPUB and Kindle. Book excerpt: Do citizens of a nation such as the United States have a moral duty to obey the law? Do officials, when interpreting the Constitution, have an obligation to follow what that text meant when ratified? To follow precedent? To follow what the Supreme Court today says the Constitution means?These are questions of political obligation (for citizens) and interpretive obligation (for anyone interpreting the Constitution, often officials). Abner Greene argues that such obligations do not exist. Although citizens should obey some laws entirely, and other laws in some instances, no one has put forth a successful argument that citizens should obey all laws all the time. Greene's case is not only "against" obligation. It is also "for" an approach he calls "permeable sovereignty": all of our norms are on equal footing with the state's laws. Accordingly, the state should accommodate religious, philosophical, family, or tribal norms whenever possible. Greene shows that questions of interpretive obligation share many qualities with those of political obligation. In rejecting the view that constitutional interpreters must follow either prior or higher sources of constitutional meaning, Greene confronts and turns aside arguments similar to those offered for a moral duty of citizens to obey the law.

Download or read book The Political Morality of Liberal Democracy written by Michael J. Perry and published by Cambridge University Press. This book was released on 2009-11-23 with total page 225 pages. Available in PDF, EPUB and Kindle. Book excerpt: In this important new work in political and constitutional theory, Michael J. Perry elaborates and defends an account of the political morality of liberal democracy: the moral convictions and commitments that in a liberal democracy should govern decisions about what laws to enact and what policies to pursue. The fundamental questions addressed in this book concern (1) the grounding, (2) the content, (3) the implications for one or another moral controversy and (4) the judicial enforcement of the political morality of liberal democracy. The particular issues discussed include whether government may ban pre-viability abortion, whether government may refuse to extend the benefit of law to same-sex couples and what role religion should play in the politics and law of a liberal democracy.

Download or read book Against Obligation written by Abner S. Greene and published by Harvard University Press. This book was released on 2012-04-13 with total page 340 pages. Available in PDF, EPUB and Kindle. Book excerpt: Do citizens of a nation such as the United States have a moral duty to obey the law? Do officials, when interpreting the Constitution, have an obligation to follow what that text meant when ratified? To follow precedent? To follow what the Supreme Court today says the Constitution means? These are questions of political obligation (for citizens) and interpretive obligation (for anyone interpreting the Constitution, often officials). Abner Greene argues that such obligations do not exist. Although citizens should obey some laws entirely, and other laws in some instances, no one has put forth a successful argument that citizens should obey all laws all the time. Greene’s case is not only “against” obligation. It is also “for” an approach he calls “permeable sovereignty”: all of our norms are on equal footing with the state’s laws. Accordingly, the state should accommodate religious, philosophical, family, or tribal norms whenever possible. Greene shows that questions of interpretive obligation share many qualities with those of political obligation. In rejecting the view that constitutional interpreters must follow either prior or higher sources of constitutional meaning, Greene confronts and turns aside arguments similar to those offered for a moral duty of citizens to obey the law.

Download or read book Democratic Governance and International Law written by Gregory H. Fox and published by Cambridge University Press. This book was released on 2000-05-11 with total page 604 pages. Available in PDF, EPUB and Kindle. Book excerpt: PART V CRITICAL APPROACHES.

Download or read book The Political Morality of Liberal Democracy written by Michael J. Perry and published by Cambridge University Press. This book was released on 2010 with total page 225 pages. Available in PDF, EPUB and Kindle. Book excerpt: This important new work elaborates and defends an account of the political morality of liberal democracy.

Download or read book The Law of Peoples written by John Rawls and published by Harvard University Press. This book was released on 2001-03-02 with total page 208 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book consists of two parts: “The Law of Peoples,” a major reworking of a much shorter article by the same name published in 1993, and the essay “The Idea of Public Reason Revisited,” first published in 1997. Taken together, they are the culmination of more than fifty years of reflection on liberalism and on some of the most pressing problems of our times by John Rawls. “The Law of Peoples” extends the idea of a social contract to the Society of Peoples and lays out the general principles that can and should be accepted by both liberal and non-liberal societies as the standard for regulating their behavior toward one another. In particular, it draws a crucial distinction between basic human rights and the rights of each citizen of a liberal constitutional democracy. It explores the terms under which such a society may appropriately wage war against an “outlaw society” and discusses the moral grounds for rendering assistance to non-liberal societies burdened by unfavorable political and economic conditions. “The Idea of Public Reason Revisited” explains why the constraints of public reason, a concept first discussed in Political Liberalism (1993), are ones that holders of both religious and non-religious comprehensive views can reasonably endorse. It is Rawls’s most detailed account of how a modern constitutional democracy, based on a liberal political conception, could and would be viewed as legitimate by reasonable citizens who on religious, philosophical, or moral grounds do not themselves accept a liberal comprehensive doctrine—such as that of Kant, or Mill, or Rawls’s own “Justice as Fairness,” presented in A Theory of Justice (1971).

Download or read book The Oxford Handbook of Political Representation in Liberal Democracies written by Robert Rohrschneider and published by Oxford University Press. This book was released on 2020-07-28 with total page 731 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Handbook of Political Representation in Liberal Democracies offers a state-of-the-art assessment of the functioning of political representation in liberal democracies. In 34 chapters the world's leading scholars on the various aspects of political representation address eight broad themes: The concept and theories of political representation, its history and the main requisites for its development; elite orientations and behavior; descriptive representation; party government and representation; non-electoral forms of political participation and how they relate to political representation; the challenges to representative democracy originating from the growing importance of non-majoritarian institutions and social media; the rise of populism and its consequences for the functioning of representative democracy; the challenge caused by economic and political globlization: what does it mean for the functioning of political representation at the national leval and is it possible to develop institutions of representative democracy at a level above the state that meet the normative criteria of representative democracy and are supported by the people? The various chapters offer a comprehensive review of the literature on the various aspects of political representation. The main organizing principle of the Handbook is the chain of political representation, the chain connecting the interests and policy preferences of the people to public policy via political parties, parliament, and government. Most of the chapters assessing the functioning of the chain of political representation and its various links are based on original comparative political research. Comparative research on political representation and its various subfields has developed dramatically over the last decades so that even ten years ago a Handbook like this would have looked totally different.

Download or read book Democracy the Courts and the Liberal State written by David Miles and published by Routledge. This book was released on 2020-10-26 with total page 318 pages. Available in PDF, EPUB and Kindle. Book excerpt: Reformulating a problem of both constitutionalism and liberalism discussed in the works of Ernst-Wolfgang Böckenförde, Hannah Arendt, and Alexis de Tocqueville, the book examines one generally overlooked manifestation of constitutionalism: the role of the courts in shaping democratic politics and the inter-relationship between citizens and state. Drawing on constitutional history, law, and political theory, David Miles argues that constitutionalism cannot be seen merely as an institutional mechanism to limit government, as it also has a crucial civic dimension upon which the liberal state depends. Utilising the works of Böckenförde, Arendt, and Tocqueville, constitutionalism is conceived in the book as part of a broader system of communal norms which sustains representative democracy and liberalism. Through an analysis of judicial interventions in the electoral processes of the United States and Germany, Miles explores the role of civil society actors in transforming constitutionalism through legal challenges to oligarchical or exclusionary practices. He assesses how, in adjudicating these cases, the US Supreme Court and the German Constitutional Court have mediated the tension between threats to stability and the imperative of democratic renewal. Democracy, the Courts, and the Liberal State will be of interest to scholars, students, and practitioners interested in comparative politics, political theory, and constitutional law and history.

Download or read book Balance of Freedom written by Roger Michener and published by Paragon House. This book was released on 1998-11-30 with total page 224 pages. Available in PDF, EPUB and Kindle. Book excerpt: "Can individual freedom and the social good be reconciled? Do liberal democracies require economic preconditions to function? Can liberal democracies escape a slow drift from individual freedom and control over private property to a large welfare state that regulates and taxes all ownership and activities? To what extent do laws intended to protect people from the arbitrary actions of government themselves lead to coercion and limit freedom? Do liberal universities produce men and women that sustain democracy or undermine it? Is there a moral vacuity in liberal democracy that will undermine its vitality?" "These questions and others like them refer to the fragile balance between conflicting principles that are demanded of modern government. Professor Michener has organized a discussion by American and European scholars of how the demands of freedom, on the one hand, and social obligation, on the other, are balanced by the primary institutions which maintain liberal democratic societies: the economy, the rule of law, and education. Their penetrating insights illuminate the debates which prevail in modern society." "The centerpiece of this book is a broad treatise by Edward Shils on the development of the modern university and its role in the creation and support of liberal democracies. Universities, while expected to educate men and women of the character democracy requires, have often been plagued by incivility." "Judge Robert Bork concludes with a view toward the prospects for democracy, noting that fractious pluralism and a cultural civil war are products of a liberalism emptied of meaning and moral purpose at its core."--BOOK JACKET.Title Summary field provided by Blackwell North America, Inc. All Rights Reserved

Download or read book Liberal Democracy and the Social Acceleration of Time written by William E. Scheuerman and published by JHU Press. This book was released on 2020-06-09 with total page 311 pages. Available in PDF, EPUB and Kindle. Book excerpt: "A fine contribution to the literature on the problems of modern liberal democracy."—Choice The pace of American society has quickened exponentially since the Founding Fathers first mapped the constitution. Information travels at the speed of light; so does money. We can hop from one side of the country to the other in a matter of hours, contact our elected officials instantaneously, and share our views with thousands of people at the touch of a button. Both academia and the popular media have grappled with the consequences of this acceleration on every aspect of contemporary life. Most pressing, however, may be its impact on political life. In Liberal Democracy and the Social Acceleration of Time, William Scheuerman offers a sophisticated assessment of the implications of social and technological celerity in the operation of liberal democracies. Specifically, he asks what is acceleration's main impact on the traditional liberal democratic model of the separation of powers? According to Scheuerman, high speed has created an imbalance. The executive branch was intended to react with dispatch; by contrast, legislatures and the courts were designed to be more deliberate and thoughtful. While this system of checks and balances was effective in the age of horse and buggy, Scheuerman argues that the very features that were these institutions' strengths may now be a liability. Throughout this book, Scheuerman offers a constructive critique which articulates ways in which "liberal democracy might be recalibrated in accordance with the tempo of modern society.