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Author: Oren Ben-Dor
Publisher: Bloomsbury Publishing
ISBN: 1847310168
Category : Law
Languages : en
Pages : 350
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Book Description
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 Based on a close reading of Bentham's unpublished and recently published texts, the argument in the first part shows that a critical analysis of constitutionally limited government formed a central theme of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.
Author: Oren Ben-Dor
Publisher: Bloomsbury Publishing
ISBN: 1847310168
Category : Law
Languages : en
Pages : 350
Get Book Here
Book Description
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.
Author: Oren Ben-Dor
Publisher:
ISBN: 9781472562203
Category : Constitutional law
Languages : en
Pages : 336
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Book Description
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.
Author: Oren Isaac Moshe Ben-Dor
Publisher:
ISBN:
Category :
Languages : en
Pages :
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Book Description
Author: Oren Ben-Dor
Publisher: Hart Publishing
ISBN: 1841131113
Category : Law
Languages : en
Pages : 351
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Book Description
Ben-Dor (law, U. of Southampton) developed this book concerning critical constitutionalism from his doctoral thesis at University College London. In it, he interprets unpublished and recently published texts by Jeremy Bentham (1748-1832), first reconstructing the most general argument about Bentham's legal and political thought as a founder of utilitarianism, and then analyzing Bentham's work within the context of contemporary debates in legal and political philosophy. He concludes that the technical and reductionist methodology associated with utilitarianism don't do justice to the theory, which identifies the maximization of pleasure as the most fundamental self-interest guiding people. Distributed by ISBS. c. Book News Inc.
Author: Craig Calhoun
Publisher: MIT Press
ISBN: 9780262531146
Category : Philosophy
Languages : en
Pages : 516
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Book Description
In this book, scholars from a wide range of disciplines respond to Habermas's most directly relevant work, The Structural Transformation of the Public Sphere. The relationship between civil society and public life is in the forefront of contemporary discussion. No single scholarly voice informs this discussion more than that of Jürgen Habermas. His contributions have shaped the nature of debates over critical theory, feminism, cultural studies, and democratic politics. In this book, scholars from a wide range of disciplines respond to Habermas's most directly relevant work, The Structural Transformation of the Public Sphere. From political theory to cultural criticism, from ethics to gender studies, from history to media studies, these essays challenge, refine, and extend our understanding of the social foundations and changing character of democracy and public discourse. Contributors Hannah Arendt, Keith Baker, Seyla Benhabib, Harry C. Boyte, Craig Calhoun, Geoff Eley, Nancy Fraser, Nicholas Garnham, Jürgen Habermas, Peter Hohendahl, Lloyd Kramer, Benjamin Lee, Thomas McCarthy, Moishe Postone, Mary P. Ryan, Michael Schudson, Michael Warner, David Zaret
Author: John Milton
Publisher:
ISBN:
Category : Freedom of the press
Languages : en
Pages : 264
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Book Description
Author: András Koltay
Publisher: Bloomsbury Publishing
ISBN: 1509916490
Category : Law
Languages : en
Pages : 224
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Book Description
The principles of freedom of expression have been developed over centuries. How are they reserved and passed on? How can large internet gatekeepers be required to respect freedom of expression and to contribute actively to a diverse and plural marketplace of ideas? These are key issues for media regulation, and will remain so for the foreseeable decades. The book starts with the foundations of freedom of expression and freedom of the press, and then goes on to explore the general issues concerning the regulation of the internet as a specific medium. It then turns to analysing the legal issues relating to the three most important gatekeepers whose operations directly affect freedom of expression: ISPs, search engines and social media platforms. Finally it summarises the potential future regulatory and media policy directions. The book takes a comparative legal approach, focusing primarily on English and American regulations, case law and jurisprudential debates, but it also details the relevant international developments (Council of Europe, European Union) as well as the jurisprudence of the European Court of Human Rights.
Author: J?rgen Habermas
Publisher: John Wiley & Sons
ISBN: 0745692338
Category : Philosophy
Languages : en
Pages : 328
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Book Description
This major work retraces the emergence and development of the Bourgeois public sphere - that is, a sphere which was distinct from the state and in which citizens could discuss issues of general interest. In analysing the historical transformations of this sphere, Habermas recovers a concept which is of crucial significance for current debates in social and political theory. Habermas focuses on the liberal notion of the bourgeois public sphere as it emerged in Europe in the early modern period. He examines both the writings of political theorists, including Marx, Mill and de Tocqueville, and the specific institutions and social forms in which the public sphere was realized. This brilliant and influential work has been widely recognized for many years as a classic of contemporary social and political thought, of interest to students and scholars throughout the social sciences and humanities.
Author: Nicola Lacey
Publisher: Routledge
ISBN: 1134838018
Category : Philosophy
Languages : en
Pages : 237
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Book Description
Nicola Lacey presents a new approach to the question of the moral justification of punishment by the State. She focuses on the theory of punishments in context of other political questions, such as the nature of political obligation and the function and scope of criminal law. Arguing that no convincing set of justifying reasons has so far been produced, she puts forward a theory of punishments which places the values of the community at its centre.
Author: Tom Ginsburg
Publisher: University of Chicago Press
ISBN: 022656438X
Category : Law
Languages : en
Pages : 306
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Book Description
Democracies are in danger. Around the world, a rising wave of populist leaders threatens to erode the core structures of democratic self rule. In the United States, the election of Donald Trump marked a decisive turning point for many. What kind of president calls the news media the “enemy of the American people,” or sees a moral equivalence between violent neo-Nazi protesters in paramilitary formation and residents of a college town defending the racial and ethnic diversity of their homes? Yet, whatever our concerns about the current president, we can be assured that the Constitution offers safeguards to protect against lasting damage—or can we? How to Save a Constitutional Democracy mounts an urgent argument that we can no longer afford to be complacent. Drawing on a rich array of other countries’ experiences with democratic backsliding, Tom Ginsburg and Aziz Z. Huq show how constitutional rules can either hinder or hasten the decline of democratic institutions. The checks and balances of the federal government, a robust civil society and media, and individual rights—such as those enshrined in the First Amendment—do not necessarily succeed as bulwarks against democratic decline. Rather, Ginsburg and Huq contend, the sobering reality for the United States is that, to a much greater extent than is commonly realized, the Constitution’s design makes democratic erosion more, not less, likely. Its structural rigidity has had the unforeseen consequence of empowering the Supreme Court to fill in some details—often with doctrines that ultimately facilitate rather than inhibit the infringement of rights. Even the bright spots in the Constitution—the First Amendment, for example—may have perverse consequences in the hands of a deft communicator, who can degrade the public sphere by wielding hateful language that would be banned in many other democracies. But we—and the rest of the world—can do better. The authors conclude by laying out practical steps for how laws and constitutional design can play a more positive role in managing the risk of democratic decline.
