Demokratie Und Rationalit T
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Economic Rationality And Practical Reason
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Author : Julian Nida-Rümelin
language : en
Publisher: Springer Science & Business Media
Release Date : 2013-06-29
Economic Rationality And Practical Reason written by Julian Nida-Rümelin and has been published by Springer Science & Business Media this book supported file pdf, txt, epub, kindle and other format this book has been release on 2013-06-29 with Business & Economics categories.
The theory of practical rationality does not belong to one academic discipline alone. There are quite divergent philosophical, economical, sociological, psychological and politological contributions. Sometimes the disciplinary boundaries impede theoretical progress. On the other hand it is an indication for the high complexity of the subject that so many divergent paradigms compete with one another, or - what is worse - live separately in a kind of splendid isolation. Decision theory in the broader sense, embracing the theory of games and collective choice theory, can help to understand practical reason in philosophical analysis. But there are interesting aspects which cannot be dealt with adequately within a decision-theoretic conceptual framework. To have both of these convictions justifies to neglect dis ciplinary boundaries and poses a problem for the orthodoxies of either sides. All the essays of this volume focus on the relation between economic rationality and practical reason and discuss different aspects of the same problem, i. e. a basic deficiency in the standard economic theory of practical rationality. But philosophical analysis would not be of much help if it just rejected the economic paradigm. It must rather help to integrate economic aspects into a broader view on practical reason.
Methodology In Private Law Theory
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Author : Professor of Law Thilo Kuntz
language : en
Publisher: Oxford University Press
Release Date : 2024-06
Methodology In Private Law Theory written by Professor of Law Thilo Kuntz 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 2024-06 with categories.
Methodology in Private Law Theory: Between New Private Law and Rechtsdogmatik represents a first-of-its-kind dialogue between leading lights in German and American private law theory. The chapters in this volume build upon established traditions of scholarship in German private law and harness resurgent scholarly interest in private law in the United States, inviting readers to question how private law functions on both sides of the Atlantic. In the context of the cross-fertilization of legal scholarship, the transnationalization of law, and the historical ties between US and German debates on methodology, the volume encourages reasoned engagement with private law doctrines and institutions. It further invites reflexive consideration of diverse ways in which methods of legal analysis influence social practices where law is given, received, asserted, and negotiated. Leading methodologies of the past and present are subject to fresh elucidation and insightful criticism, including those of legal formalism, legal conceptualism, legal realism, law and economics, legal philosophy, legal history, empirical jurisprudence, Rechtsdogmatik, and other varieties of doctrinal scholarship. Providing the necessary background for understanding different legal cultures and traditions in private law, Methodology in Private Law Theory is a must-read for anyone working within the field.
Good Governance Scale And Power
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Author : Liza Griffin
language : en
Publisher: Routledge
Release Date : 2014-11-13
Good Governance Scale And Power written by Liza Griffin and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2014-11-13 with Business & Economics categories.
In recent years there have been several alarming predictions about the future of the planet’s fish stocks. As a result, many national governments and supranational institutions, including the European Union, have instituted reforms designed to mitigate the crisis. This book examines the discourse and practice of ‘good governance’ in the context of fisheries management. It starts by examining the ‘crisis’ of fisheries in the North Sea, caused primarily by overfishing and failure of the European Union’s Common Fisheries Policy. It then goes on to analyse reforms to this policy enacted and planned between 2002 and 2013, and the proposition that collapse of fish stocks could occur as a result of deficiencies in new governing arrangements, i.e. failure to apply ‘principles of good governance’. The book argues that impediments to good governance practice in fisheries are not merely the result of implementation deficits, but that they constitute a more systematic failure. Governance theory addresses issues of power, but it does not recognise the many important spatially contingent and relational forms of power that are exercised in actual governing practice. For example, it frequently overlooks spatial practices and strategies, such as ‘scale jumping, ‘rescaling’ and the discursive redrawing of governing boundaries. This book exposes some of these spatial power relationships, showing that the presence of such relationships has implications for accountability and effective policymaking. In sum, this book explores some of the ways in which we might better understand governance practice using theories of scale and relational concepts of power, and in the process it offers a critique and rethinking of governance theory. These reflections are made on the basis of an in-depth case study of the attempted pursuit of ‘good governance’ in the European Union via institutional reforms, focusing particularly on the thorny and fascinating case of North Sea fisheries management.
Current Problems In The Protection Of Human Rights
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Author : Katja S Ziegler
language : en
Publisher: Bloomsbury Publishing
Release Date : 2013-03-01
Current Problems In The Protection Of Human Rights written by Katja S Ziegler and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2013-03-01 with Law categories.
While the legal systems of the United Kingdom and Germany differ in essential respects, the current process of 'constitutionalisation' is well recognised on both sides of the Channel. 'Constitutionalisation' manifests itself in the evolution of a constitution and the influence of existing constitutional principles on the ordinary law. Human rights law provides one of the best examples of this process, and the aim of this book is to provide a comparative UK-German perspective on recent developments. First, it addresses human rights questions which arise in both jurisdictions in a similar way such as the tension between liberty and security, absolute rights such as human dignity and the prohibition of torture, and the question how conflicts between human rights are to be resolved and conceptualised. A second theme considers the impact of human rights on different areas of law, in particular administrative law, criminal law, labour law and private law generally. Finally, a third theme focuses on the intersection of national, supra- and international human rights law, in particular after the entry into force of the EU Charter on Fundamental Rights. The book thus reveals convergent and divergent answers to similar problems, examines differences in the impact of human rights on the legal systems under consideration, and traces parallel and distinct debates over and sensitivities about, human rights as well as sensitivities that arise in multi-layer situations in the UK and Germany.
Radical Proceduralism
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Author : Dannica Fleuß
language : en
Publisher: Emerald Group Publishing
Release Date : 2021-06-30
Radical Proceduralism written by Dannica Fleuß and has been published by Emerald Group Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021-06-30 with Social Science categories.
Radical Proceduralism bridges the gap between political philosophy and practical institutional experimentation asking us to bring citizens back in and to engage them in a dialogue about ‘the rules of the democratic game’ and proposing institutional devices that figure as ‘conversation starters’ and facilitate such dialogues.
Rational Lawmaking Under Review
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Author : Klaus Meßerschmidt
language : en
Publisher: Springer
Release Date : 2016-07-26
Rational Lawmaking Under Review written by Klaus Meßerschmidt and has been published by Springer this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016-07-26 with Law categories.
This book explores the constitutional, legally binding dimension to legisprudence in the light of the German Federal Constitutional Court ́s approach to rational lawmaking. Over the last decades this court has been remarkably active in applying legisprudential criteria and standards when reviewing parliamentary laws. It has thus supplied observers with a unique material to analyse the lawmakers’ duty to legislate rationally, and to assess the virtues and drawbacks of this strand of judicial control in a constitutional democracy. By bringing together legislation experts and public law scholars to elaborate on ‘legisprudence under review’, this contributed volume aspires to shed light on the constitutionalisation of rational lawmaking as a controversial trend gaining ground in both national and international jurisdictions. The book is divided into five parts. Part I frames the two key issues pervading the whole collection: the intricate relationship between judicial review and democracy, on the one hand, and the possibility of improving and rationalizing the task of legislation under the current circumstances of politics, on the other. Part II provides an overview of the judicial review of rational lawmaking, laying special emphasis on the duty of legislative justification imposed on lawmakers by the German Constitutional Court. Part III is devoted to the review of the systemic rationality of legislation, in particular to the requirements of legislative consistence and coherence as developed by this court. Contributions in Part IV revolve around the judicial scrutiny of the socio-empirical elements of rational lawmaking, with the control of legislative facts and impacts and the problem of symbolic laws being the central topics. Finally, Part V draws on the German case law to discuss the links between rational lawmaking, balancing and proportionality, and the interdependence between process review and substantive review of legislation.
Citizenship And Democracy In An Era Of Crisis
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Author : Thomas Poguntke
language : en
Publisher: Routledge
Release Date : 2015-05-22
Citizenship And Democracy In An Era Of Crisis written by Thomas Poguntke and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2015-05-22 with Political Science categories.
Democracies are transforming worldwide, but at the same time political inequality is increasing. This development threatens to leave growing portions of mass publics effectively ‘outside’ the political process. This volume brings together leading authorities in the field of democratic citizenship and participation to address pertinent questions concerning the quality of the democratic political process at the beginning of the twenty-first century. Analysing causes and consequences of recent developments in democratic governance and citizenship, it contributes new and original research to the ongoing debate on the crisis of representative democracy. The contributors deal with a broad range of issues including aspects of democratic citizenship and citizens' perceptions of system performance, political inequality and the democratic impact of participatory innovations. This book will be of key interest to scholars and students in democratization studies, democratic citizenship, comparative politics, political sociology and political participation.
J Rgen Habermas
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Author : Luca Corchia
language : en
Publisher: The Lab's Quarterly
Release Date : 2010
J Rgen Habermas written by Luca Corchia and has been published by The Lab's Quarterly this book supported file pdf, txt, epub, kindle and other format this book has been release on 2010 with Philosophy categories.
Non Affirmative Theory Of Education And Bildung
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Author : Michael Uljens
language : en
Publisher: Springer Nature
Release Date : 2023-07-14
Non Affirmative Theory Of Education And Bildung written by Michael Uljens and has been published by Springer Nature this book supported file pdf, txt, epub, kindle and other format this book has been release on 2023-07-14 with Education categories.
Interpreting the modern heritage of ‘Bildung’ in connection to education theory, this open access volume explores non-affirmative theory of education and ‘Bildung’ as a language of education for the 21st century. In this ‘Bildung’-centered view of education, discerning thought on knowledge and values are critical objectives of education. To promote these aims, education practice must recognize but not affirm existing conditions or future ideals but instead pedagogically summon the student to self-directed critical treatment of the contents. Drawing on contemporary developments of modern education theory, especially as developed by Dietrich Benner in Berlin, the volume highlight how ‘educative teaching’ aims at supporting the growth of the individual as a person and citizen. The volume shows how it is possible to identify a position beyond education either as a mere transformative or a reproductive power. Instead of such an instrumentalism, education is seen as a critical societal practice, necessary for reflexive action and democracy. In different ways, the chapters demonstrate how non-affirmative theory offer an alternative to contemporary neo-liberal and conservative policies. The non-affirmative approach offers a strong education theory, relationally connecting the interactive level of teaching, studying and learning with the societal level and educational governance. Non-affirmative theory on education and ‘Bildung’ provides an elaborate point of departure for empirical research on teaching and educational leadership, teacher education and policy making. In five sections, the volume highlights how non-affirmative education theory relate to Didaktik, educative teaching, school didactics, democratic education and social justice. The approach is also analysed in relation to phenomenology, sociology, hermeneutics, cultural-historical activity theory, discursive institutionalism, empirical research, educational leadership and governance and 21st century competencies. Chapter “On Affirmativity and Non-affirmativity in the Context of Theories of Education and Bildung” is available open access under a Creative Commons Attribution-NonCommercial-NoDerivatives 4.0 International License via link.springer.com.
Advances In Behavioral Economics And Finance Leadership
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Author : Julia Puaschunder
language : en
Publisher: Springer Nature
Release Date : 2022-11-22
Advances In Behavioral Economics And Finance Leadership written by Julia Puaschunder and has been published by Springer Nature this book supported file pdf, txt, epub, kindle and other format this book has been release on 2022-11-22 with Business & Economics categories.
This book explores human decision-making heuristics. The monograph studies how nudging and winking can help citizens to make rational choices and governments to create choice architectures that aid in stabilizing markets and flourishing society. By applying the behavioral economics approach to political outcomes, it demonstrates how economics can be employed for personal benefits but also foster the greater societal good. A review of the current literature on human decision-making advantages and failures in Europe and North America opens the book. A wide range of nudges and winks is presented that aid to curb the harmful consequences of human decision-making fallibility. Awareness of mental heuristics and biases in the finance domain is strengthened in order to understand how to nudge people to benefit from economic markets but also help governments to stabilize economies in providing strategic market communication. The author also proposes concrete leadership and followership directives on nudging in the digital age. This book appeals to scholars and policy makers interested in rational decision-making. The behavioral perspective features the strategic use of nudging and winking in the digital age. The second revised and expanded edition offers the newest insights on behavioral e-Economics and the latest developments regarding the COVID-19 pandemic. It covers topics such as the role of social media in finance and discrimination in searchplace competition. It also offers new insights on strategic leadership and smart followership directives to successfully navigate through complex and fast-paced e-architectures.