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 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 Willem Gous Van der Walt and published by . This book was released on 2019 with total page 265 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, USA. This book was released on 2012-09-27 with total page 398 pages. Available in PDF, EPUB and Kindle. Book excerpt: Understanding Liberal Democracy collects Nicholas Wolterstorff's papers in political philosophy. The book includes some of Wolterstorff's earlier and influential work on the intersection between political philosophy and religion, and contains nine new essays in which Wolterstorff develops new lines of argument and stakes out novel positions regarding the nature of liberal democracy, human rights, and political authority. Taken together, these positionsare an attractive alternative to the so-called public reason liberalism defended by thinkers such as John Rawls. Of interest to philosophers, political theorists, and theologians, Understanding Liberal Democracyengages 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 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 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 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 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 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 Liberal Democracy and the Social Acceleration of Time written by William E. Scheuerman and published by JHU Press. This book was released on 2004-06-22 with total page 311 pages. Available in PDF, EPUB and Kindle. Book excerpt: The political and legal institutions of liberal democracy were designed in an era in which information, transactions, travel, and other aspects of social life moved at a much slower pace. The rapid acceleration of social life that characterizes today's world potentially disables these institutions according to Scheuerman (political science, U. of M
Download or read book The Responsibility of Reason written by Ralph Hancock and published by Rowman & Littlefield Publishers. This book was released on 2011-01-16 with total page 348 pages. Available in PDF, EPUB and Kindle. Book excerpt: In The Responsibility of Reason, Ralph C. Hancock undertakes no less than to answer the Heideggerian challenge. Offering trenchant and original interpretations of Aristotle, Heidegger, Strauss, and Alexis de Tocqueville, he argues that Tocqueville saw the essential more clearly than apparently deeper philosophers. Hancock addresses political theorists on the question of the grounding of liberalism, and, at the same time, philosophers on the most basic questions of the meaning and limits of reason. Moreover, he shows how these questions are for us inseparable.
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 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 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 Liberal Democracy Law and the Citizen Speaker written by Ian Cram and published by Bloomsbury Publishing. This book was released on 2022-08-25 with total page 229 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book delivers an original, theoretically informed analysis of the legal regulation of online speech. Rejecting the narrow pluralism of elitist and deliberative accounts of the citizen's role in political discourse, the book defends a participatory account of speech in non-deliberative settings. The latter account of political pluralism best captures the republican democratic aspiration for popular, on-going authorship of the laws and the centrality of freedom to dissent in democratic theory. The legal and policy implications for governments and social media platforms of this inclusive envisioning of public discourse are then elaborated upon. In the digital world, anyone with access to the internet can be a speaker. Speech on public platforms has become democratised. At the same time, aspects of online speech are plainly problematic. Concerns exist about disinformation, 'fake news', 'deep fakes', 'weaponised speech' and 'trolls'. Offensive speech and the polarising effects of robustly expressed political opinion are also troublesome. These assorted downsides of democratised speech are said to undermine the integrity of democratic processes and institutions. Public debate is distorted and coarsened and the electorate are misled. How ought the liberal democratic state respond to these challenges? The discussion is intended to be read by academics and researchers with interests in democratic theory, digital communications and freedom of expression. It offers a stimulating and distinctive contribution to debates about online speech.
Download or read book Law in the Age of Pluralism written by Andrei Marmor and published by Oxford University Press. This book was released on 2007-12-31 with total page 312 pages. Available in PDF, EPUB and Kindle. Book excerpt: Law in the Age of Pluralism contains a collection of essays on the intersection of legal and political philosophy. Written within the analytical tradition in jurisprudence, the collection covers a wide range of topics, such as the nature of law and legal theory, the rule of law, the values of democracy and constitutionalism, moral aspects of legal interpretation, the nature of rights, economic equality, and more. The essays in this volume explore issues where law, morality and politics meet, and discuss some of the key challenges facing liberal democracies. Marmor posits that a liberal state must first and foremost respect people's personal autonomy and their differing, though reasonable, conceptions of the good and the just. This basic respect for pluralism is shown to entail a rather skeptical attitude towards grand theories of law and state, such as contemporary constitutionalism or Dworkin's conception of 'law as integrity'. The values of pluralism and respect for autonomy, however, are also employed to justify some of the main aspects of a liberal state, such as the value of democracy, the rule of law, and certain conceptions of equality. The essays are organized in three groups: the first considers the rule of law, democracy and constitutionalism. The second group consists of several essays on the nature of law, legal theory, and their relations to morality. Finally, the collection concludes with essays on the nature of rights, the limits of rights discourse, and the value of economic equality.
