Democratic Experimentalism
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Democratic Experimentalism
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Author : Brian E. Butler
language : en
Publisher: Rodopi
Release Date : 2013
Democratic Experimentalism written by Brian E. Butler and has been published by Rodopi this book supported file pdf, txt, epub, kindle and other format this book has been release on 2013 with Philosophy categories.
This volume focuses on democratic experimentalism, gathering a collection of original and previously unpublished essays focusing upon its major outlines, as well as specific aspects ¿ both promising and troublesome - of this theoretical approach. Together these essays offer conceptions of democracy and democratic governance that emphasize and highlight experimentalist aspects of pragmatic thought, particularly Deweyan pragmatism, and its relationship to instantiation in concrete social and political institutions. Issues of democratic governance, political organization and the relationship of law to democracy are analyzed.
The Democratic Constitution
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Author : Brian E. Butler
language : en
Publisher: University of Chicago Press
Release Date : 2017-08-21
The Democratic Constitution written by Brian E. Butler and has been published by University of Chicago Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017-08-21 with Law categories.
The Supreme Court is seen today as the ultimate arbiter of the Constitution. Once the Court has spoken, it is the duty of the citizens and their elected officials to abide by its decisions. But the conception of the Supreme Court as the final interpreter of constitutional law took hold only relatively recently. Drawing on the pragmatic ideals characterized by Charles Sanders Peirce, John Dewey, Charles Sabel, and Richard Posner. Brian E. Butler shows how this conception is inherently problematic for a healthy democracy. Butler offers an alternative democratic conception of constitutional law, “democratic experimentalism,” and applies it in a thorough reconstruction of Supreme Court cases across the centuries, such as Brown v. Board of Education, Citizens United v. Federal Election Commission, Lucas v. South Carolina Coastal Council, and Lochner v. New York. In contrast to the traditional tools and conceptions of legal analysis that see the law as a formally unique and separate type of practice, democratic experimentalism combines democratic aims and experimental practice. Butler also suggests other directions jurisprudential roles could take: for example, adjudication could be performed by primary stakeholders with better information. Ultimately, Butler argues persuasively for a move away from the current absolute centrality of courts toward a system of justice that emphasizes local rule and democratic choice.
Deweyan Experimentalism And The Problem Of Method In Political Philosophy
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Author : Joshua Forstenzer
language : en
Publisher: Routledge
Release Date : 2019-03-13
Deweyan Experimentalism And The Problem Of Method In Political Philosophy written by Joshua Forstenzer and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2019-03-13 with Philosophy categories.
This book proposes a pragmatist methodological framework for generating practically relevant political philosophy. It draws on John Dewey’s social and political philosophy to develop an "experimentalist" method, thus charting a middle course between idealism and realism in political philosophy. Deweyan experimentalism promises to balance civic deliberation, empirical facts, and moral considerations by reconstructing Dewey’s pragmatist conceptions of ‘philosophy’ and ‘democracy’ from the perspective of social action. While some authors have taken the steps to articulate Dewey’s experimentalism, they have focused on institutional rather than methodological implications. This book is original in the ways in which it situates the role of ideas in political practice and contemporary political problems. Additionally, it underlines the similarities between today and the historical context in which Dewey wrote, connects Dewey’s social and political philosophy to Greek and Roman mythology, and concludes with a timely case study in which the author’s methodological insights are applied. The result is a book that offers a focused reconstruction of Dewey’s work and shows its relevance for engaging with contemporary issues in political philosophy and political theory.
Pragmatism And The Wide View Of Democracy
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Author : Roberto Frega
language : en
Publisher: Springer
Release Date : 2019-06-22
Pragmatism And The Wide View Of Democracy written by Roberto Frega and has been published by Springer this book supported file pdf, txt, epub, kindle and other format this book has been release on 2019-06-22 with Philosophy categories.
The aim of this book is to provide a fresh, wider, and more compelling account of democracy than the one we usually find in conventional contemporary political theory. Telling the story of democracy as a broad societal project rather than as merely a political regime, Frega delivers an account more in tune with our everyday experience and ordinary intuitions, bringing back into political theory the notion that democracy denotes first and foremost a form of society, and only secondarily a specific political regime. The theoretical shift accomplished is major. Claiming that such a view of democracy is capable of replacing the mainstream categories of justice, freedom and non-domination in their hegemonic function of all-encompassing political concepts, Frega then argues for democracy as the broader normative framework within which to rethink the meaning and forms of associated living in all spheres of personal, social, economic, and political life. Drawing on diverse traditions of American pragmatism and critical theory, as well as tackling political issues which are at the core of contemporary theoretical debates, this book invites a rethinking of political theory to one more concerned with the political circumstances of social life, rather than remaining confined in the narrowly circumscribed space of a theory of government.
There Are Alternatives
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Author : Peter Moss
language : en
Publisher:
Release Date : 2009
There Are Alternatives written by Peter Moss and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2009 with categories.
Searching For Contemporary Legal Thought
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Author : Justin Desautels-Stein
language : en
Publisher: Cambridge University Press
Release Date : 2018-12-13
Searching For Contemporary Legal Thought written by Justin Desautels-Stein 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 2018-12-13 with Law categories.
For more than a century, law schools have trained students to 'think like a lawyer'. In these times of legal crisis, both in legal education and in global society, what does that mean for the rest of us? In this book, thirty leading international scholars - including Louis Assier-Andrieu, Marianne Constable, Yves Dezalay, Denise Ferreira da Silva, Bryant G. Garth, Peter Goodrich, Duncan Kennedy, Martti Koskenniemi, Shaun McVeigh, Samuel Moyn, Annelise Riles, Charles F. Sabel and William H. Simon - examine what is distinctive about legal thought. They probe the relation between law and time, law and culture, and legal thought and legal action; the nature of current legal thought; the geography of legal thought; and the conditions for recognition of a new 'contemporary' style of law. This work will help theorists, social scientists, historians and students understand the intellectual context of legal problems, legal doctrine, and jurisprudential trends in the current conjuncture.
Democracy Realized
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Author : Roberto Mangabeira Unger
language : en
Publisher: Verso
Release Date : 2000-06-17
Democracy Realized written by Roberto Mangabeira Unger and has been published by Verso this book supported file pdf, txt, epub, kindle and other format this book has been release on 2000-06-17 with Political Science categories.
Unger gives detailed content to a progressive and practical alternative to neoliberalism and institutionally conservative social democracy in a strategy that has drawn increasing attention throughout the world as well as in his native Brazil.
Euroconstitutionalism And Its Discontents
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Author : Oliver Gerstenberg
language : en
Publisher: Oxford University Press
Release Date : 2018-11-30
Euroconstitutionalism And Its Discontents written by Oliver Gerstenberg and has been published by Oxford University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2018-11-30 with Law categories.
This book addresses the question of social constitutionalism, especially with regard to its role in the contemporary European project. For reasons of history and democracy, Europeans share a deep commitment to social constitutionalism. But in the contemporary European constitutional debate, constitutionalism and social democracy have become antagonists, with the survival of the one seeming to require sacrifice of the other. This book challenges the common view that constitutionalization means de-politicization. It argues that courts can exert a more indirect, creative, and agenda-setting role in the process of an ongoing clarification of the meaning of a right. The CJEU and the ECtHR - as courts beyond the nation state - are able to constructively re-open and re-politicize controversies that may appear settled at the national level in their constitutionalizing jurisprudence. And, crucially, our understanding of shared European constitutional principles is itself subject to revision and reconsideration as we accumulate experiences of dealing with diverse national contexts. By examining the jurisprudence of the CJEU and the ECtHR, the book demonstrates that in domain after domain, ranging from the protection of the vulnerable in the European social market to the guarantee of freedom of conscience, which in Europe emerged after many centuries of religious persecution, both courts can enhance and deepen democracy and thereby encourage the liberal project of constitutionalism beyond the state. Over time, once interpretive answers have become established in practice, courts can then move towards stronger forms of judicial intervention that consolidate best practice. It is this democratic and experimental process which lies at the heart of the distinctive model of contemporary Euroconstitutionalism.
Experimentalist Governance In The European Union
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Author : Charles F. Sabel
language : en
Publisher: OUP Oxford
Release Date : 2010-02-25
Experimentalist Governance In The European Union written by Charles F. Sabel and has been published by OUP Oxford this book supported file pdf, txt, epub, kindle and other format this book has been release on 2010-02-25 with Political Science categories.
This book advances a novel interpretation of EU governance. Its central claim is that the EU's regulatory successes within-and increasingly beyond-its borders rest on the emergence of a recursive process of framework rule making and revision by European and national actors across a wide range of policy domains. In this architecture, framework goals and measures for gauging their achievement are established by joint action of the Member States and EU institutions. Lower-level units are given the freedom to advance these ends as they see fit. But in return for this autonomy, they must report regularly on their performance and participate in a peer review in which their results are compared with those of others pursuing different means to the same general ends. The framework goals, performance measures, and decision-making procedures are themselves periodically revised by the actors, including new participants whose views come to be seen as indispensable to full and fair deliberation. The editors' introduction sets out the core features of this experimentalist architecture and contrasts it to conventional interpretations of EU governance, especially the principal-agent conceptions underpinning many contemporary theories of democratic sovereignty and effective, legitimate law making. Subsequent chapters by an interdisciplinary group of European and North American scholars explore the architecture's applicability across a series of key policy domains, including data privacy, financial market regulation, energy, competition, food safety, GMOs, environmental protection, anti-discrimination, fundamental rights, justice and home affairs, and external relations. Their authoritative studies show both how recent developments often take an experimentalist turn but also admit of multiple, contrasting interpretations or leave open the possibility of reversion to more familiar types of governance. The results will be indispensable for all those concerned with the nature of the EU and its contribution to contemporary governance beyond the nation-state.
Just Giving
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Author : Rob Reich
language : en
Publisher: Princeton University Press
Release Date : 2020-05-05
Just Giving written by Rob Reich and has been published by Princeton University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2020-05-05 with Philosophy categories.
The troubling ethics and politics of philanthropy Is philanthropy, by its very nature, a threat to today’s democracy? Though we may laud wealthy individuals who give away their money for society’s benefit, Just Giving shows how such generosity not only isn’t the unassailable good we think it to be but might also undermine democratic values. Big philanthropy is often an exercise of power, the conversion of private assets into public influence. And it is a form of power that is largely unaccountable and lavishly tax-advantaged. Philanthropy currently fails democracy, but Rob Reich argues that it can be redeemed. Just Giving investigates the ethical and political dimensions of philanthropy and considers how giving might better support democratic values and promote justice.