Constitutional Limits And The Public Sphere
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Constitutional Limits And The Public Sphere
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Author : Oren Ben-Dor
language : en
Publisher: Bloomsbury Publishing
Release Date : 2000-12-05
Constitutional Limits And The Public Sphere written by Oren Ben-Dor and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2000-12-05 with Law categories.
The place of utility as a critical theory of human existence has been largely discredited and its potential undermined in the course of modern debates in ethical,political and legal theory. The central intuition that guides the argument of this book is that both the technical and reductionist methodology associated with utilitarianism do not do justice to the theory which identifies the maximisation of pleasure as the most fundamental self-interest of man. Enlarging upon this intuition, the book is mainly concerned with critical constitutionalism. Based on a close reading of Bentham's unpublished and recently published texts, the argument in the first part shows that a critical analysis of constitutionally limited government formed a central theme of Bentham's utilitarian enterprise. The theme of the author's reconstruction is that, for Bentham, constitutional limits signified socially dynamic relationships within the public sphere and between this sphere and a centralised coercive authority. Because this relationship is socially dynamic, the ever-changing communal-based conception of harm constantly transforms the relationship between law and the community which it governs. This feature reappears in many layers of Bentham's thought, such as his theory of sovereignty, the duty to obey the law, and the motivational basis for forming and transforming a conception of harm within the public sphere. Even the most revisionist of Bentham scholars fail to capture this central unifying theme in Bentham's writings. The second part of the book further develops this reconstruction. It argues that an underdeveloped insight of critical importance characterised Bentham's utilitarianism. This insight helps to elucidate the transient and dynamic connection of ethics to politics. In critically reviewing five contemporary accounts of this connection, utility is shown to have closer affinities with communitarianism. However as a critical theory, utility has more in common with the Habermasian notion of communication and inter-subjectivity than with Humean conventionalism. The utilitarian critic is in a position to transcend not only the simple hedonism with which utilitarianism has always been associated, but also the historically-ridden perspectives which potentially dogmatise the range of human possibilities under a received conception of harm.
Public Spheres And Collective Identities
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Author : Walter Lippmann
language : en
Publisher: Routledge
Release Date : 2018-04-17
Public Spheres And Collective Identities written by Walter Lippmann and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2018-04-17 with Social Science categories.
Today it is assumed that we understand contemporary nationalism and nation-building. Researchers rarely consider the very different traditions from which such state-building emerged. Instead, there is almost too much discussion of the "global village," with its supposed uniformity and inevitable trajectories. We need to view modernity as something other than a single condition with a preordained future. New visions of a modern civilization are emerging throughout the world, calliing for a far-reaching appraisal of the older visions of modernization. Following Eisenstadt's and Schluchter's introduction, Bjorn Wittrock explores the varieties and transitions of early modern societies, noting that only by looking at societies' collective identities and their modes of mediating in the public sphere can the distinguishing factors between modernity be appreciated. Sheldon Pollock discusses the use of vernacular language in India through its literary culture and polity, 1000-1500. Sanjay Subrahmanyam, sums up major developments in the recent historiography of South Asia from 1400 to 1750. David L. Howell focuses on the boundaries of the early modern Japanese state, including its political boundaries and the boundaries of collective identity and social status. Mary Elizabeth Berry examines public life in authoritarian Japan. Frederic Wakeman, Jr. probes the boundaries of the political game and how they were affected by the increased political centralization that developed after the disorder of the Ming-Qing transition during the seventeenth century. Alexander Woodside discusses territorial order and collective-identity tensions in Confucian Asia. Bernhard Giesen argues that the French Enlightenment can be described as an extension of absolutist court culture. Finally essay, Victor Perez-Diaz examines the state and public sphere in Spain during the Ancient Regime contrasting two ideal types of states--a "nomocratic" model and a "teleocratic" model. This volume addresses cultural and political practices not only from outside the European and American spheres but also over long periods of time in which the internal dynamics of other civilizations become visible. Its broad-ranging use of empirical materials enables us to think comparatively and historically about the ways in which different modernities took shape.
Constitutional Limits And The Public Sphere
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Author : Oren Ben-Dor
language : en
Publisher:
Release Date : 2000
Constitutional Limits And The Public Sphere written by Oren Ben-Dor and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2000 with Constitutional law categories.
The central intuition that guides the argument of this book is that both the technical and reductionist methodology associated with utilitarianism do not do justice to the theory which identifies the maximisation of pleasure as the most fundamental self-interest of man.
The Bloomsbury Encyclopedia Of Utilitarianism
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Author : James E. Crimmins
language : en
Publisher: Bloomsbury Publishing
Release Date : 2017-01-26
The Bloomsbury Encyclopedia Of Utilitarianism written by James E. Crimmins and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017-01-26 with Philosophy categories.
The idea of utility as a value, goal or principle in political, moral and economic life has a long and rich history. Now available in paperback, The Bloomsbury Encyclopedia of Utilitarianism captures the complex history and the multi-faceted character of utilitarianism, making it the first work of its kind to bring together all the various aspects of the tradition for comparative study. With more than 200 entries on the authors and texts recognised as having built the tradition of utilitarian thinking, it covers issues and critics that have arisen at every stage. There are entries on Plato, Epicurus, and Confucius and progenitors of the theory like John Gay and David Hume, together with political economists, legal scholars, historians and commentators. Cross-referenced throughout, each entry consists of an explanation of the topic, a bibliography of works and suggestions for further reading. Providing fresh juxtapositions of issues and arguments in utilitarian studies and written by a team of respected scholars, The Bloomsbury Encyclopedia of Utilitarianism is an authoritative and valuable resource.
Bentham On Democracy Courts And Codification
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Author : Philip Schofield
language : en
Publisher: Cambridge University Press
Release Date : 2022-09-01
Bentham On Democracy Courts And Codification written by Philip Schofield and has been published by Cambridge University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2022-09-01 with Law categories.
Drawing upon original manuscripts and The Collected Works of Jeremy Bentham, this collection represents the latest scholarship on Bentham's late and mature thought on constitutional law. The contributions cover a diverse range of major topics, from official aptitude or competency to the interests of women, and explore Bentham's writings on courts, codification, and cosmopolitanism. Together, its chapters challenge the received notion, based on early jurisprudential writings, that Bentham's constitutional thought is authoritarian, and show that Bentham, as a constitutional theorist, offers a distinctive liberal perspective. Freeing Bentham's theories from their long sentences and unfamiliar terminology, these essays make accessible Bentham's subtle and important ideas on liberal democracy. By shining a light on Bentham's mature thought, this volume offers a refreshingly comprehensive, detailed, and authentic account of Bentham's theory of democracy.
Bentham S Theory Of Law And Public Opinion
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Author : Xiaobo Zhai
language : en
Publisher: Cambridge University Press
Release Date : 2014-04-21
Bentham S Theory Of Law And Public Opinion written by Xiaobo Zhai and has been published by Cambridge University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2014-04-21 with Law categories.
Intended for academics and students who are interested in legal and political philosophy and in intellectual and legal history, this volume brings together the latest research from leading Bentham scholars and challenges the dominant understandings of Bentham among legal and political philosophers.
Utilitarian Biopolitics
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Author : Anne Brunon-Ernst
language : en
Publisher: Routledge
Release Date : 2015-10-06
Utilitarian Biopolitics written by Anne Brunon-Ernst and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2015-10-06 with Philosophy categories.
The works of Foucault and Bentham have been regularly examined in isolation, yet rarely has the relationship between them been discussed. This study traces the full breadth of that relationship within the fields of sexuality, criminology, ethics, economics and governance.
Foundations Of Public Law
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Author : Martin Loughlin
language : en
Publisher: OUP Oxford
Release Date : 2012-09-27
Foundations Of Public Law written by Martin Loughlin and has been published by OUP Oxford this book supported file pdf, txt, epub, kindle and other format this book has been release on 2012-09-27 with Law categories.
Foundations of Public Law offers an account of the formation of the discipline of public law with a view to identifying its essential character, explaining its particular modes of operation, and specifying its unique task. Building on the framework first outlined in The Idea of Public Law (OUP, 2003), the book conceives public law broadly as a type of law that comes into existence as a consequence of the secularization, rationalization and positivization of the medieval idea of fundamental law. Formed as a result of the changes that give birth to the modern state, public law establishes the authority and legitimacy of modern governmental ordering. Public law today is a universal phenomenon, but its origins are European. Part I of the book examines the conditions of its formation, showing how much the concept borrowed from the refined debates of medieval jurists. Part II then examines the nature of public law. Drawing on a line of juristic inquiry that developed from the late sixteenth to the early nineteenth centuries-extending from Bodin, Althusius, Lipsius, Grotius, Hobbes, Spinoza, Locke and Pufendorf to the later works of Montesquieu, Rousseau, Kant, Fichte, Smith and Hegel-it presents an account of public law as a special type of political reason. The remaining three Parts unpack the core elements of this concept: state, constitution, and government. By taking this broad approach to the subject, Professor Loughlin shows how, rather than being viewed as a limitation on power, law is better conceived as a means by which public power is generated. And by explaining the way that these core elements of state, constitution, and government were shaped respectively by the technological, bourgeois, and disciplinary revolutions of the sixteenth century through to the nineteenth century, he reveals a concept of public law of considerable ambiguity, complexity and resilience.
Masses Classes And The Public Sphere
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Author : Mike Hill
language : en
Publisher: Verso
Release Date : 2000
Masses Classes And The Public Sphere written by Mike Hill and has been published by Verso this book supported file pdf, txt, epub, kindle and other format this book has been release on 2000 with History categories.
This volume poses fundamental questions about the function and relevance of the public sphere, both politically and practically.
The Handbook Of Communication Rights Law And Ethics
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Author : Loreto Corredoira
language : en
Publisher: John Wiley & Sons
Release Date : 2021-04-08
The Handbook Of Communication Rights Law And Ethics written by Loreto Corredoira and has been published by John Wiley & Sons this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021-04-08 with Law categories.
Discover how modern technological realities shape freedoms of expression and opinion with this comprehensive resource. The Handbook of Communication Rights, Law, and Ethics delivers an extensive review of the challenges facing modern communication rights. It offers readers an examination of the interplay between communication law and ethics and the role played by communication professionals in protecting individuals’ rights to communication. Distinguished authors Loreto Corredoira, Ignacio Bel Mallén and Rodrigo Cetina Presuel walk readers through the fundamental ideas and concepts that represent universal common ground regarding communication rights. They compare communication rights theories developed in Europe, the United States, Latin America, Australia, and East Asia to describe how communication-related freedoms and rights are formulated and applied around the world. Finally, the meaning of the phrases “freedom of expression” and “freedom of the press” are examined in the context of national constitutions and international human rights instruments.The Handbook of Communication Rights, Law, and Ethics provides readers with: A diverse, global perspective on how communication rights are protected and challenged around the world A universal vision of communication rights that encourages dialogue rather than confrontation A comparison of the American First Amendment of the Constitution with European communication rights theories and other legal traditions around the world An exploration of the frontiers of communication rights concepts, terminology, jurisdiction, and territoriality Perfect for professors, graduate students, doctoral students, and postdoctoral researchers studying communication rights and freedom of expression around the world, The Handbook of Communication Rights, Law, and Ethics also belongs on the bookshelves of researchers studying issues surrounding freedom of the press in North America, Europe, and Latin America.