Legal Theory And Political Legitimacy
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Legal Theory And Political Legitimacy
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Author : Kenneth Joel Kress
language : en
Publisher:
Release Date : 1989
Legal Theory And Political Legitimacy written by Kenneth Joel Kress and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1989 with Critical legal studies categories.
Equality And Legitimacy
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Author : Wojciech Sadurski
language : en
Publisher: Oxford University Press on Demand
Release Date : 2008
Equality And Legitimacy written by Wojciech Sadurski and has been published by Oxford University Press on Demand this book supported file pdf, txt, epub, kindle and other format this book has been release on 2008 with Law categories.
This text examines the relationship between the idea of legitimacy of law in a democratic system and equality. It seeks to demonstrate how a conception of democratic legitimacy is necessary for understanding and reconciling equality and political legitimacy.
Legitimacy Beyond The State
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Author : N. P. Adams
language : en
Publisher: Routledge
Release Date : 2021-05-13
Legitimacy Beyond The State written by N. P. Adams and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021-05-13 with Business & Economics categories.
This volume addresses the normative legitimacy of the international order, asking how we can make sense of legitimacy claims of increasingly diverse global governance institutions and practices and how their legitimacy relates to and differs from state legitimacy. State legitimacy is a central concern of modern political thought but is inadequate when applied to institutions that differ from the state in type, level of governance, scope, and much else. We need a new, tailored approach to the legitimacy of institutions beyond the state, especially international and transnational institutions. Such an approach includes foundational questions: what does it mean for institutions to be legitimate that have radically different purposes, means, interests, capacities, constituents, and roles from states? And what standards do such institutions have to meet in order to count as legitimate? The contributions to this volume seek to advance the debate on these questions at both abstract and more concrete levels. They range from conceptual questions about the nature of legitimacy and international institutions, to rule of law, to the legitimacy of the UN Security Council, the International Criminal Court, and occupying military forces in the face of challenges specific to their nature and context. Together they demonstrate both the promise and challenges of theorizing legitimacy beyond the state. The chapters in this book were originally published as a special issue of the journal Critical Review of International Social and Political Philosophy.
Hans Kelsen S Pure Theory Of Law
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Author : Lars Vinx
language : en
Publisher: OUP Oxford
Release Date : 2007-09-06
Hans Kelsen S Pure Theory Of Law written by Lars Vinx and has been published by OUP Oxford this book supported file pdf, txt, epub, kindle and other format this book has been release on 2007-09-06 with Law categories.
Hans Kelsen is commonly considered to be among the founding fathers of modern legal philosophy. Despite Kelsen's prominence as a legal theorist, his political theory has so far been mostly overlooked. This book argues that Kelsen's legal theory, the Pure Theory of Law, needs to be read in the context of Kelsen's political theory. It offers the first comprehensive interpretation of the Pure Theory that makes systematic use of Kelsen's conception of the rule of law, of his theory of democracy, his defense of constitutional review, and his views on international law. Once it is read in the context of Kelsen's political works, Kelsen's analysis of legal normativity provides us with a notion of political legitimacy that is distinct from any comprehensive and contestable theory of justice. It shows how members of pluralist societies can reasonably acknowledge the binding nature of law, even where its content does not fully accord with their own substantive views of the requirements of justice, provided it is created in accordance with an ideal of fair arbitration amongst social groups. This result leads to a fundamental re-evaluation of the Pure Theory of Law. The theory is best understood as an attempt to find a middle ground between natural law and legal positivism. Later positivist legal theorists inspired by Kelsen's work failed to appreciate the political-theoretical context of the Pure Theory and turned to a narrow instrumentalism about the functions of law. The perspective on Kelsen offered in this book aims to reconnect positivist legal thought with normative political theory.
Legality And Legitimacy
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Author : Samantha Ashenden
language : en
Publisher: Nomos Verlagsgesellschaft
Release Date : 2010
Legality And Legitimacy written by Samantha Ashenden and has been published by Nomos Verlagsgesellschaft this book supported file pdf, txt, epub, kindle and other format this book has been release on 2010 with Legitimacy of governments categories.
The question about the relation between legality and political legitimacy is both one of the basic questions of modern legal and political philosophy and one of the most important problems in theoretical sociology. This volume brings together the work of a number of internationally prominent legal theorists, political theorists, sociologists, historians and philosophers, all of whom have worked extensively on the conceptual analysis of law and power, in order to address and illuminate this central question of the social sciences. The primary objective of the book is to propose and elaborate paradigms that traverse conventional disciplinary boundaries, and to combine sociological and normative/deductive patterns of analysis in order both to capture the legitimatory foundations of modern societies and accurately to account for the transformation of the classical foundations of political legitimacy in recent decades. All chapters in the volume propose new and challenging paradigms for analyzing the legal sources of legitimate power both in the historical formation of modern societies and in the present. .
Justice Legitimacy And Self Determination
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Author : Allen Buchanan
language : en
Publisher: OUP Oxford
Release Date : 2003-08-21
Justice Legitimacy And Self Determination written by Allen Buchanan and has been published by OUP Oxford this book supported file pdf, txt, epub, kindle and other format this book has been release on 2003-08-21 with Political Science categories.
This book articulates a systematic vision of an international legal system grounded in the commitment to justice for all persons. It provides a probing exploration of the moral issues involved in disputes about secession, ethno-national conflict, 'the right of self-determination of peoples,' human rights, and the legitimacy of the international legal system itself. Buchanan advances vigorous criticisms of the central dogmas of international relations and international law, arguing that the international legal system should make justice, not simply peace, among states a primary goal, and rejecting the view that it is permissible for a state to conduct its foreign policies exclusively according to what is in the 'the national interest'. He also shows that the only alternatives are not rigid adherence to existing international law or lawless chaos in which the world's one superpower pursues its own interests without constraints. This book not only criticizes the existing international legal order, but also offers morally defensible and practicable principles for reforming it. Justice, Legitimacy, and Self-Determination will find a broad readership in political science, international law, and political philosophy. Oxford Political Theory presents the best new work in political theory. It is intended to be broad in scope, including original contributions to political philosophy and also work in applied political theory. The series contains works of outstanding quality with no restrictions as to approach or subject matter. Series Editors: Will Kymlicka, David Miller, and Alan Ryan
A New Introduction To Jurisprudence
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Author : Paul Cliteur
language : en
Publisher: Routledge
Release Date : 2019-03-28
A New Introduction To Jurisprudence written by Paul Cliteur and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2019-03-28 with Law categories.
A New Introduction to Jurisprudence takes one of the central problems of law and jurisprudence as its point of departure: what is the law? Adopting an intermediate position between legal positivism and natural law, this book reflects on the concept of ‘liberal democracy’ or ‘constitutional democracy’. In five chapters the book analyses: (i) the idea of higher law, (ii) liberal democracy as a legitimate model for the state, (iii) the separation of church and state or secularism as essential for the democratic state, (iv) the universality of higher law principles, (v) the history of modern political thought. This interdisciplinary approach to jurisprudence is relevant for legal scholars, philosophers, political theorists, public intellectuals, historians, and politicians.
Political Legitimacy
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Author : Jack Knight
language : en
Publisher: NYU Press
Release Date : 2019-08-06
Political Legitimacy written by Jack Knight and has been published by NYU Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2019-08-06 with Political Science categories.
Essays on the political, legal, and philosophical dimensions of political legitimacy Scholars, journalists, and politicians today worry that the world’s democracies are facing a crisis of legitimacy. Although there are key challenges facing democracy—including concerns about electoral interference, adherence to the rule of law, and the freedom of the press—it is not clear that these difficulties threaten political legitimacy. Such ambiguity derives in part from the contested nature of the concept of legitimacy, and from disagreements over how to measure it. This volume reflects the cutting edge of responses to these perennial questions, drawing, in the distinctive NOMOS fashion, from political science, philosophy, and law. Contributors address fundamental philosophical questions such as the nature of public reasons of authority, as well as urgent concerns about contemporary democracy, including whether “animus” matters for the legitimacy of President Trump’s travel ban, barring entry for nationals from six Muslim-majority nations, and the effect of fundamental transitions within the moral economy, such as the decline of labor unions. Featuring twelve essays from leading scholars, Political Legitimacy is an important and timely addition to the NOMOS series.
Will And Political Legitimacy
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Author : Patrick Riley
language : en
Publisher: Cambridge, Mass. : Harvard University Press
Release Date : 1982
Will And Political Legitimacy written by Patrick Riley and has been published by Cambridge, Mass. : Harvard University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 1982 with Law categories.
At the heart of representative government is the question: "What makes government and its agents legitimate authorities?" The notion of consent to a social contract between the citizen and his government is central to this problem. What are the functions of public authority? What are the people's rights in a self-governing and representative state? Patrick Riley presents a comprehensive historical analysis of the meaning of contract theory and a testing of the inherent validity of the ideas of consent and obligation. He uncovers the critical relationship between the act of willing and that of consenting in self-government and shows how "will" relates to political legitimacy. His is the first large-scale study of social contract theory from Hobbes to Rawls that gives "will" the central place it occupies in contractarian thinking.
Democratizing Constitutional Law
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Author : Thomas Bustamante
language : en
Publisher: Springer
Release Date : 2016-04-19
Democratizing Constitutional Law written by Thomas Bustamante and has been published by Springer this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016-04-19 with Law categories.
This volume critically discusses the relationship between democracy and constitutionalism. It does so with a view to respond to objections raised by legal and political philosophers who are sceptical of judicial review based on the assumption that judicial review is an undemocratic institution. The book builds on earlier literature on the moral justification of the authority of constitutional courts, and on the current attempts to develop a system on “weak judicial review”. Although different in their approach, the chapters all focus on devising institutions, procedures and, in a more abstract way, normative conceptions to democratize constitutional law. These democratizing strategies may vary from a radical objection to the institution of judicial review, to a more modest proposal to justify the authority of constitutional courts in their “deliberative performance” or to create constitutional juries that may be more aware of a community’s constitutional morality than constitutional courts are. The book connects abstract theoretical discussions about the moral justification of constitutionalism with concrete problems, such as the relation between constitutional adjudication and deliberative democracy, the legitimacy of judicial review in international institutions, the need to create new institutions to democratize constitutionalism, the connections between philosophical conceptions and constitutional practices, the judicial review of constitutional amendments, and the criticism on strong judicial review.