The Concept Of Liberal Democratic Law
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The Concept Of Liberal Democratic Law
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Author : Johan van Der Walt
language : en
Publisher: Routledge
Release Date : 2019-09-12
The Concept Of Liberal Democratic Law written by Johan van Der Walt and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2019-09-12 with History categories.
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.
Liberal Democracy And The Social Acceleration Of Time
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Author : William E. Scheuerman
language : en
Publisher: JHU Press
Release Date : 2020-06-09
Liberal Democracy And The Social Acceleration Of Time written by William E. Scheuerman and has been published by JHU Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2020-06-09 with Political Science categories.
"A fine contribution to the literature on the problems of modern liberal democracy."—Choice The pace of American society has quickened exponentially since the Founding Fathers first mapped the constitution. Information travels at the speed of light; so does money. We can hop from one side of the country to the other in a matter of hours, contact our elected officials instantaneously, and share our views with thousands of people at the touch of a button. Both academia and the popular media have grappled with the consequences of this acceleration on every aspect of contemporary life. Most pressing, however, may be its impact on political life. In Liberal Democracy and the Social Acceleration of Time, William Scheuerman offers a sophisticated assessment of the implications of social and technological celerity in the operation of liberal democracies. Specifically, he asks what is acceleration's main impact on the traditional liberal democratic model of the separation of powers? According to Scheuerman, high speed has created an imbalance. The executive branch was intended to react with dispatch; by contrast, legislatures and the courts were designed to be more deliberate and thoughtful. While this system of checks and balances was effective in the age of horse and buggy, Scheuerman argues that the very features that were these institutions' strengths may now be a liability. Throughout this book, Scheuerman offers a constructive critique which articulates ways in which "liberal democracy might be recalibrated in accordance with the tempo of modern society.
The Law Of Peoples
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Author : John Rawls
language : en
Publisher: Harvard University Press
Release Date : 1999
The Law Of Peoples written by John Rawls and has been published by Harvard University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 1999 with Philosophy categories.
This work consists of two parts: The Idea of Public Reason Revisited and The Law of Peoples. Taken together, they are the culmination of more than 50 years of reflection on liberalism and on some pressing problems of our times.
Liberal Democracy Law And The Citizen Speaker
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Author : Ian Cram
language : en
Publisher: Bloomsbury Publishing
Release Date : 2022-08-25
Liberal Democracy Law And The Citizen Speaker written by Ian Cram and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2022-08-25 with Law categories.
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.
Abusive Constitutional Borrowing
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Author : Rosalind Dixon
language : en
Publisher: Oxford University Press
Release Date : 2021
Abusive Constitutional Borrowing written by Rosalind Dixon 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 2021 with Authoritarianism categories.
Law is fast globalizing as a field, and many lawyers, judges and political leaders are engaged in a process of comparative borrowing. But this new form of legal globalization has darksides: it is not just a source of inspiration for those seeking to strengthen and improve democratic institutions and policies. It is increasingly an inspiration - and legitimation device - for those seeking to erode democracy by stealth, under the guise of a form of faux liberal democratic cover. Abusive Constitutional Borrowing: Legal globalization and the subversion of liberal democracy outlines this phenomenon, how it succeeds, and what we can do to prevent it. This book address current patterns of democratic retrenchment and explores its multiple variants and technologies, considering the role of legitimating ideologies that help support different modes of abusive constitutionalism. An important contribution to both legal and political scholarship, this book will of interest to all those working in the legal and political disciplines of public law, constitutional theory, political theory, and political science.
Law In The Age Of Pluralism
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Author : Andrei Marmor
language : en
Publisher: Oxford University Press
Release Date : 2007-12-31
Law In The Age Of Pluralism written by Andrei Marmor 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 2007-12-31 with Law categories.
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.
Against Obligation
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Author : Abner S. Greene
language : en
Publisher: Harvard University Press
Release Date : 2012-04-13
Against Obligation written by Abner S. Greene and has been published by Harvard University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2012-04-13 with Law categories.
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.
Balance Of Freedom
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Author : Roger Michener
language : en
Publisher: Paragon House
Release Date : 1998-11-30
Balance Of Freedom written by Roger Michener and has been published by Paragon House this book supported file pdf, txt, epub, kindle and other format this book has been release on 1998-11-30 with Political Science categories.
"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
The Political Morality Of Liberal Democracy
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Author : Michael J. Perry
language : en
Publisher: Cambridge University Press
Release Date : 2010
The Political Morality Of Liberal Democracy written by Michael J. Perry 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 2010 with Law categories.
This important new work elaborates and defends an account of the political morality of liberal democracy.
Legitimation By Constitution
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Author : Frank Michelman
language : en
Publisher: Oxford University Press
Release Date : 2021-11-22
Legitimation By Constitution written by Frank Michelman 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 2021-11-22 with Law categories.
"Legitimation by Constitution" is the phrase, coined by distinguished authors Frank Michelman and Alessandro Ferrara, for a key idea in Rawlsian political liberalism of a reliance on a dualist form of democracy-a subjection of ground-level lawmaking to the constraints of a higher-law constitution that most citizens could find acceptable as a framework for their politics-as a response to the problem of maintaining a liberally just, stable, and oppression-free democratic government in conditions of pluralist visionary conflict. Legitimation by Constitution recalls, collects, and combines a series of exchanges over the years between Michelman and Ferrara, inspired by Rawls' encapsulation of this conception in his proposed liberal principle of legitimacy. From a shared standpoint of sympathetic identification with the political-liberal statement of the problem, for which legitimation by constitution is proposed as a solution, these exchanges consider the perceived difficulties arguably standing in the way of this proposal's fulfillment on terms consistent with political liberalism's defining ideas about political justification. The authors discuss the mysteries of a democratic constituent power; the tensions between government-by-the-people and government-by-consent; the challenges posed to concretization by judicial authorities of national constitutional law; and the magnification of these tensions and challenges under the lenses of ambition towards transnational legal ordering. These discussions engage with other leading contemporary theorists of liberal-democratic constitutionalism including Bruce Ackerman, Ronald Dworkin, and Jürgen Habermas.