Download or read book The Judge as Political Theorist written by David Robertson and published by Princeton University Press. This book was released on 2010-07-21 with total page 432 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Judge as Political Theorist examines opinions by constitutional courts in liberal democracies to better understand the logic and nature of constitutional review. David Robertson argues that the constitutional judge's role is nothing like that of the legislator or chief executive, or even the ordinary judge. Rather, constitutional judges spell out to society the implications--on the ground--of the moral and practical commitments embodied in the nation's constitution. Constitutional review, in other words, is a form of applied political theory. Robertson takes an in-depth look at constitutional decision making in Germany, France, the Czech Republic, Poland, Hungary, Canada, and South Africa, with comparisons throughout to the United States, where constitutional review originated. He also tackles perhaps the most vexing problem in constitutional law today--how and when to limit the rights of citizens in order to govern. As traditional institutions of moral authority have lost power, constitutional judges have stepped into the breach, radically altering traditional understandings of what courts can and should do. Robertson demonstrates how constitutions are more than mere founding documents laying down the law of the land, but increasingly have become statements of the values and principles a society seeks to embody. Constitutional judges, in turn, see it as their mission to transform those values into political practice and push for state and society to live up to their ideals.
Download or read book The Judge as Political Theorist written by David Robertson and published by . This book was released on 2010 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: The nature and function of judicial review -- Germany: dignity and democracy -- Eastern Europe: (re) establishing the rule of law -- France: purely abstract review -- Canada: imposing rights on the common law -- South Africa: defining a new society -- Tests of unconstitutionality and discrimination -- Conclusions: constitutional jurists as political theorists.
Download or read book The Judge as Political Theorist written by David Robertson and published by Princeton University Press. This book was released on 2010-07-01 with total page 433 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Judge as Political Theorist examines opinions by constitutional courts in liberal democracies to better understand the logic and nature of constitutional review. David Robertson argues that the constitutional judge's role is nothing like that of the legislator or chief executive, or even the ordinary judge. Rather, constitutional judges spell out to society the implications--on the ground--of the moral and practical commitments embodied in the nation's constitution. Constitutional review, in other words, is a form of applied political theory. Robertson takes an in-depth look at constitutional decision making in Germany, France, the Czech Republic, Poland, Hungary, Canada, and South Africa, with comparisons throughout to the United States, where constitutional review originated. He also tackles perhaps the most vexing problem in constitutional law today--how and when to limit the rights of citizens in order to govern. As traditional institutions of moral authority have lost power, constitutional judges have stepped into the breach, radically altering traditional understandings of what courts can and should do. Robertson demonstrates how constitutions are more than mere founding documents laying down the law of the land, but increasingly have become statements of the values and principles a society seeks to embody. Constitutional judges, in turn, see it as their mission to transform those values into political practice and push for state and society to live up to their ideals.
Download or read book A Theory of Justice written by John RAWLS and published by Harvard University Press. This book was released on 2009-06-30 with total page 624 pages. Available in PDF, EPUB and Kindle. Book excerpt: Though the revised edition of A Theory of Justice, published in 1999, is the definitive statement of Rawls's view, so much of the extensive literature on Rawls's theory refers to the first edition. This reissue makes the first edition once again available for scholars and serious students of Rawls's work.
Download or read book The Judge in a Democracy written by Aharon Barak and published by Princeton University Press. This book was released on 2009-01-10 with total page 355 pages. Available in PDF, EPUB and Kindle. Book excerpt: Whether examining election outcomes, the legal status of terrorism suspects, or if (or how) people can be sentenced to death, a judge in a modern democracy assumes a role that raises some of the most contentious political issues of our day. But do judges even have a role beyond deciding the disputes before them under law? What are the criteria for judging the justices who write opinions for the United States Supreme Court or constitutional courts in other democracies? These are the questions that one of the world's foremost judges and legal theorists, Aharon Barak, poses in this book. In fluent prose, Barak sets forth a powerful vision of the role of the judge. He argues that this role comprises two central elements beyond dispute resolution: bridging the gap between the law and society, and protecting the constitution and democracy. The former involves balancing the need to adapt the law to social change against the need for stability; the latter, judges' ultimate accountability, not to public opinion or to politicians, but to the "internal morality" of democracy. Barak's vigorous support of "purposive interpretation" (interpreting legal texts--for example, statutes and constitutions--in light of their purpose) contrasts sharply with the influential "originalism" advocated by U.S. Supreme Court Justice Antonin Scalia. As he explores these questions, Barak also traces how supreme courts in major democracies have evolved since World War II, and he guides us through many of his own decisions to show how he has tried to put these principles into action, even under the burden of judging on terrorism.
Download or read book Judicial Interpretation of Political Theory written by William Bennett Bizzell and published by . This book was released on 1914 with total page 292 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Justice is Steady Work written by Michael Walzer and published by John Wiley & Sons. This book was released on 2020-09-25 with total page 260 pages. Available in PDF, EPUB and Kindle. Book excerpt: Michael Walzer is one of the pre-eminent political theorists in the world today and also a prominent public intellectual. His conception of social justice and his work on just and unjust wars have been hugely influential in political theory and, at the same time, he has taken a public stand on many of the great issues of our time, from the civil rights movement and the Vietnam War to 9/11, the Israeli-Palestinian conflict and the Iraq War. He stands out among political theorists and philosophers by virtue of his attention to historical reality and his sensitivity to social and political context. Convinced that philosophical debate is only useful if it is rooted in the concrete practices and morality of societies, he develops a form of social critique that is opposed to a disembodied philosophy which does not respond to concerns of ordinary people. For Walzer, it is useless to try to write a theory of justice: the challenge is to think through issues of justice in relation to the particular contexts in which people live out their lives. The core strength of his work is his practical instinct: if individuals are contextualized, critique must be too. This book takes the form of an extended conversation between Walzer and Astrid von Busekist, ranging from Walzer’s biography and political activism to his work on war, justice and Judaism. Weaving together his theoretical work and his political activism, it provides an outstanding introduction to the life and work of one of the most influential political theorists of our time.
Download or read book Political Judgment written by Peter J. Steinberger and published by Polity. This book was released on 2018-07-23 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Politics is the process by which communities collectively decide to pursue certain courses of action. It is, as such, always a matter of judgment. Courses of action are chosen at least in part because they are somehow adjudged better than the alternatives, and this has given rise to a great deal of speculation about the ways in which we determine the relative merits of proposed laws and policies. What exactly is good judgment in politics? What are the characteristics of people who judge especially well? How is good judgment acquired and how can we recognize it in others? Peter Steinberger addresses such questions by considering a variety of important developments in the history of political thought – ancient, modern and contemporary – introducing readers to important and on-going debates about the idea of prudence or practical wisdom as it functions, or should function, in the realm of public affairs. It will be essential reading for students and scholars of political theory, the history of political thought, and political ethics.
Download or read book The Judge and the Spectator written by Joke Johannetta Hermsen and published by Peeters Publishers. This book was released on 1999 with total page 148 pages. Available in PDF, EPUB and Kindle. Book excerpt: Since early texts as "Thinking and Politics", Arendt had highlighted the contrast between philosophical and political thinking and compelled herself to find a satisfactory answer to the question: "how do philosophy and politics relate?". In her last work "Lectures on Kant's Political Philosophy" (1982), Arendt analyses the "political" dimensions of Kant's critical thinking. To think critically implies taking the viewpoints of others into account: one has to "enlarge" one's own mind by comparing our judgement with the possible judgements of others. While thinking remains a solitary activity, it does not cut itself off from all others.The essays in this book address the philosophical and moral questions raised by Arendt's attempt to draw out the political implications of "critical thinking" in Kant's sense. In one way or another, they all address the place of judgment in Arendt's thought. Arendt's turn to Kant and The Critique of Judgment was motivated by her desire to find a form of philosophizing that was not hostile to politics and the public realm. But did she really think that Kant's characterization of the judging spectator pointed the way out of the opposition between the universal and the particular, between looking at things sub specie aeternitatis and looking at things from a political point of view? To what extent did she think that Kant was successful in revealing a mode of thought oriented towards public persuasion, yet one which retained its critical independence?Each of the essays wrestles with the complexities of a complex thinker. They remind us that critical thinking or Selbstdenken is among the most difficult and rare arts, even though it is an art potentially accessible to everyone. They also remind us that Hannah Arendt was a virtuoso of this art, and of how her example points the way toward a renewal of judgment as the political faculty par excellence.
Download or read book Forms of Justice written by Daniel A. Bell and published by Rowman & Littlefield Publishers. This book was released on 2002-10-28 with total page 404 pages. Available in PDF, EPUB and Kindle. Book excerpt: What is justice? Great political philosophers from Plato to Rawls have traditionally argued that there is a single, principled answer to this question. Challenging this conventional wisdom, David Miller theorized that justice can take many different forms. In Forms of Justice, a distinguished group of political philosophers takes Miller's theory as a starting point and debates whether justice takes one form or many. Drawing real world implications from theories of justice and examining in depth social justice, national justice, and global justice, this book falls on the cutting edge of the latest developments in political theory. Sure to generate debate among political theorists and social scientists, Forms of Justice is indispensable reading for anyone attentive to the intersection between philosophy and politics.
Download or read book Constitutional and Political Theory written by Ernst-Wolfgang Böckenförde and published by Oxford University Press. This book was released on 2017-02-16 with total page 280 pages. Available in PDF, EPUB and Kindle. Book excerpt: Ernst-Wolfgang Böckenförde (b. 1930) is one of Europe's foremost legal scholars and political thinkers. As a scholar of constitutional law and a judge on Germany's Federal Constitutional Court (December 1983 - May 1996), Böckenförde has been a major contributor to contemporary debates in legal and political theory, to the conceptual framework of the modern state and its presuppositions, and to contested political and ethical problems. Thus, his writings have shaped not only academic but also wider public debates from the 1950s to the present, to an extent that few European scholars can match. As a federal constitutional judge and holder of one the most important and most trusted public offices, Böckenförde has influenced the way in which academics and citizens think about law and politics. During his tenure as a member of the Second Senate of the Federal Constitutional Court, several path-breaking decisions for the Federal Republic of Germany were handed down, including decisions pertaining to the deployment of missiles, the law on political parties, the regulation of abortion, and the process of European integration. In the first representative edition in English of Böckenförde's writings, this volume brings together his essays on constitutional and political theory. These include: political theory of the state; constitutional theory; constitutional norms and fundamental rights; the relationship between state, citizenship, and political autonomy. Each of these cornerstones of Böckenförde's legal and political thinking feature introductions to the articles as well as a running editorial commentary to the work. A second volume will follow this collection, focusing on religion, law, and democracy.
Download or read book Political Philosophy A Very Short Introduction written by David Miller and published by OUP Oxford. This book was released on 2003-06-26 with total page 160 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book introduces readers to the concepts of political philosophy. It starts by explaining why the subject is important and how it tackles basic ethical questions such as 'how should we live together in society?' It looks at political authority, the reasons why we need politics at all, the limitations of politics, and whether there are areas of life that shouldn't be governed by politics. It explores the connections between political authority and justice, a constant theme in political philosophy, and the ways in which social justice can be used to regulate rather than destroy a market economy. David Miller discusses why nations are the natural units of government and whether the rise of multiculturalism and transnational co-operation will change this: will we ever see the formation of a world government? ABOUT THE SERIES: The Very Short Introductions series from Oxford University Press contains hundreds of titles in almost every subject area. These pocket-sized books are the perfect way to get ahead in a new subject quickly. Our expert authors combine facts, analysis, perspective, new ideas, and enthusiasm to make interesting and challenging topics highly readable.
Download or read book Justice written by Tom Campbell and published by . This book was released on 1988 with total page 256 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book The Modern Idea of the State written by Hugo Krabbe and published by Westport, Ct. : Hyperion Press. This book was released on 1922 with total page 374 pages. Available in PDF, EPUB and Kindle. Book excerpt:
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 Judging Under Uncertainty written by Adrian Vermeule and published by Harvard University Press. This book was released on 2006 with total page 356 pages. Available in PDF, EPUB and Kindle. Book excerpt: In this book, Adrian Vermeule shows that any approach to legal interpretation rests on institutional and empirical premises about the capacities of judges and the systemic effects of their rulings. He argues that legal interpretation is above all an exercise in decisionmaking under severe empirical uncertainty.
Download or read book Justice written by Alan Ryan and published by Oxford University Press, USA. This book was released on 1993 with total page 220 pages. Available in PDF, EPUB and Kindle. Book excerpt: The readings in this series are chosen from a variety of journals and other sources to cover major areas or issues in the study of politics, government, and political theory. Each volume contains an introductory essay by the editor and a select guide to further reading. This collection of essays by philosophers, political theorists, and social critics ranges over two millennia, from the ideas of Plato and Aristotle to those of contemporary thinkers such as John Rawls and Robert Nozick, and examines the nature of justice, its importance in human life, and its place among the other virtues. The scope of the collection gives a clear picture of the differences and continuities that have marked the debate: Plato's emphasis on the ideal of 'sticking to one's task' contrasts with the modern emphasis on individual rights, while the account of justice as part of the law of nature offered by Aristotle and Cicero contrasts with Hume's analysis of justice as an artificial virtue. Alan Ryan's introductory essay emphasizes the stringency of justice, showing how its demands can conflict with considerations of the general welfare, while the book concludes with a discussion of Marx's view that justice is perhaps merely a concession to a world of scarcity and selfishness created by capitalist necessities. The book is an essential guide to interpretations of one of the central values of political life and thought.
