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Author: Brian E. Butler
Publisher: Rodopi
ISBN: 940120926X
Category : Philosophy
Languages : en
Pages : 321
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Book Description
This volume focuses on democratic experimentalism, gathering a collection of original and previously unpublished essays focusing upon its major outlines, as well as specific aspects ¿ both promising and troublesome - of this theoretical approach.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.
Author: Brian E. Butler
Publisher: Rodopi
ISBN: 940120926X
Category : Philosophy
Languages : en
Pages : 321
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Book Description
This volume focuses on democratic experimentalism, gathering a collection of original and previously unpublished essays focusing upon its major outlines, as well as specific aspects ¿ both promising and troublesome - of this theoretical approach.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.
Author: Brian E. Butler
Publisher: University of Chicago Press
ISBN: 022647450X
Category : Law
Languages : en
Pages : 258
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Book Description
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.
Author: Justin Desautels-Stein
Publisher: Cambridge University Press
ISBN: 1108365221
Category : Law
Languages : en
Pages : 596
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Book Description
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 Garth, Peter Goodrich, Duncan Kennedy, Martti Koskenniemi, Shaun McVeigh, Samuel Moyn, Annelise Riles, Charles Sabel and William 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.
Author: JOSHUA. FORSTENZER
Publisher: Routledge
ISBN: 9781032093543
Category :
Languages : en
Pages : 280
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Book Description
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.
Author: Joshua Forstenzer
Publisher: Routledge
ISBN: 1351064444
Category : Philosophy
Languages : en
Pages : 259
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Book Description
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.
Author: Kenneth George Mark
Publisher:
ISBN:
Category : Democracy
Languages : en
Pages :
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Book Description
Author: Charles F. Sabel
Publisher: Oxford University Press on Demand
ISBN: 0199572496
Category : Law
Languages : en
Pages : 385
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Book Description
This book brings together a distinguished interdisciplinary group of European and American scholars to analyze the core theoretical features of the EU's new experimentalist governance architecture and explore its empirical development across a series of key policy domains.
Author: Roberto Mangabeira Unger
Publisher: Verso
ISBN: 9781859840092
Category : Political Science
Languages : en
Pages : 324
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Book Description
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.
Author: Rob Reich
Publisher: Princeton University Press
ISBN: 0691202273
Category : Philosophy
Languages : en
Pages : 258
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Book Description
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.
Author: William J. Novak
Publisher: Harvard University Press
ISBN: 0674260449
Category : Law
Languages : en
Pages : 385
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Book Description
The activist state of the New Deal started forming decades before the FDR administration, demonstrating the deep roots of energetic government in America. In the period between the Civil War and the New Deal, American governance was transformed, with momentous implications for social and economic life. A series of legal reforms gradually brought an end to nineteenth-century traditions of local self-government and associative citizenship, replacing them with positive statecraft: governmental activism intended to change how Americans lived and worked through legislation, regulation, and public administration. The last time American public life had been so thoroughly altered was in the late eighteenth century, at the founding and in the years immediately following. William J. Novak shows how Americans translated new conceptions of citizenship, social welfare, and economic democracy into demands for law and policy that delivered public services and vindicated peopleÕs rights. Over the course of decades, Americans progressively discarded earlier understandings of the reach and responsibilities of government and embraced the idea that legislators and administrators in Washington could tackle economic regulation and social-welfare problems. As citizens witnessed the successes of an energetic, interventionist state, they demanded more of the same, calling on politicians and civil servants to address unfair competition and labor exploitation, form public utilities, and reform police power. Arguing against the myth that America was a weak state until the New Deal, New Democracy traces a steadily aggrandizing authority well before the Roosevelt years. The United States was flexing power domestically and intervening on behalf of redistributive goals for far longer than is commonly recognized, putting the lie to libertarian claims that the New Deal was an aberration in American history.
