Author: Seana Valentine Shiffrin
Publisher: Oxford University Press
ISBN: 0190084502
Category : Philosophy
Languages : en
Pages : 249
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Book Description
In this book, based on her 2017 Berkeley Tanner Lectures, Seana Valentine Shiffrin offers an original, deontological account of democracy, law, and their interrelation. Her central thesis is that democracy and democratic law have intrinsically valuable, interconnected communicative functions. Democracy and democratic law together allow us to fulfill our fundamental duties to convey to each another messages of equal respect by fashioning the sorts of public joint commitments to act that a sincere message of equal respect requires. Law and democracy are essential to each other: the aspirations of democracy cannot be realized except through a legal system, and, conversely, law can fulfill its primary function only in a democratic context. After defending these theses, Shiffrin explores two doctrinal examples to illustrate how a communicative conception of democratic law would yield concrete implications. First, articulating the special democratic character of judicially articulated common law, she resists instrumental, outcome-oriented conceptions of law and defends the essential importance of the common law duty of good faith in contracts. Second, appealing to the need for law to articulate a coherent set of moral commitments, she criticizes the U.S. Supreme Court's approach to constitutional balancing. In a set of commentaries, Niko Kolodny, Richard Brooks, and Anna Stilz offer illuminating and sometimes provocative discussion of both the philosophical and the legal aspects of Shiffrin's discussion. Shiffrin's responses expand upon themes concerning legal compliance, commitments, communication, dissent, political participation, and the permissible range of state interests.
Author: Edward M. Harris
Publisher: Oxford University Press
ISBN: 0199899169
Category : History
Languages : en
Pages : 488
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Book Description
The Law in Action in Democratic Athens is the first extensive study of the importance of the rule of law in Athenian democracy.
Author: Gregory H. Fox
Publisher: Cambridge University Press
ISBN: 9780521667968
Category : Law
Languages : en
Pages : 604
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Book Description
PART V CRITICAL APPROACHES.
Author: Christopher Thornhill
Publisher: Cambridge University Press
ISBN: 1108496083
Category : Law
Languages : en
Pages : 281
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Book Description
Explains the current weakness of democratic polities by addressing paradoxes in constitutional democracy and its theoretical foundations.
Author: Sonja C. Grover
Publisher: Springer Nature
ISBN: 3030350851
Category : Law
Languages : en
Pages : 283
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Book Description
In this book the author argues that judicial activism in respect of the protection of human rights and dignity and the right to due process is an essential element of the democratic rule of law in a constitutional democracy as opposed to being ‘judicial overreach’. Selected recent case law is explored from the US and Canadian Supreme Courts as well as the European Court of Human Rights illustrating that these Courts have, at times, engaged in judicial activism in the service of providing equal protection of the law and due process to the powerless but have, on other occasions, employed legalistic but insupportable strategies to sidestep that obligation.The book will be of interest to those with a deep concern regarding the factors that influence judicial decision-making and the judiciary's role through judgments in promoting and preserving the underpinnings of democracy. This includes legal researchers, the judiciary, practicing counsel and legal academics and law students as well as those in the area of democracy studies, in addition to scholars in the fields of sociology and philosophy of law.
Author: Samuel Issacharoff
Publisher: West Publishing Company
ISBN:
Category : Law
Languages : en
Pages : 844
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Book Description
[The author's] examine an array of specific issues currently posing challenges to the practice of democratic politics in the United States: issues involving the individual right to vote, partisan and racial gerrymandering, the relationship of the state to political parties, campaign-finance reform, and the fair representation of minorities in democratic bodies.... If nothing else, [their] aim is to open the minds of readers to other ways of conceiving democratic institutions than those that are reflected in current arrangements. The wealth of issues makes it unlikely that any one-semester course will cover the entire book. -Pref.
Author: Rory O'Connell
Publisher: Cambridge University Press
ISBN: 1107035074
Category : Law
Languages : en
Pages : 321
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Book Description
Explores how the European Court of Human Rights understands 'democracy' and might support more deliberative, participatory and inclusive practices.
Author: Glenn Patmore
Publisher: ANU Press
ISBN: 1925022064
Category : Law
Languages : en
Pages : 183
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Book Description
Law and Democracy: Contemporary Questions provides a fresh understanding of law’s regulation of Australian democracy. The book enriches public law scholarship, deepening and challenging the current conceptions of law’s regulation of popular participation and legal representation. The book raises and addresses a number of contemporary questions about legal institutions, principles and practices: How should the meaning of ‘the people’ in the Australian Constitution be defined by the High Court of Australia?How do developing judicial conceptions of democracy define citizenship?What is the legal right to participate in the political community?Should political advisors to Ministers be subject to legal accountability mechanisms?What challenges do applied law schemes pose to notions of responsible government and how can they be best addressed?How can the study of the ritual of electoral politics in Australia and other common law countries supplement the standard account of democracy?How might the ritual of the pledge of Australian citizenship limit or enhance democratic participation?What is the conflict between legal restrictions of freedom of expression and democracy, and the role of social media? Examining the regulation of democracy, this book scrutinises the assumptions and scope of constitutional democracy and enhances our understanding of the frontiers of accountability and responsible government. In addition, key issues of law, culture and democracy are revealed in their socio-legal context. The book brings together emerging and established scholars and practitioners with expertise in public law. It will be of interest to those studying law, politics, cultural studies and contemporary history.
Author: Professor David Schultz
Publisher: Ashgate Publishing, Ltd.
ISBN: 1472434986
Category : Law
Languages : en
Pages : 295
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Book Description
While numerous books and articles examine various aspects either of democratic theory or of specific topics in election law, there is no comprehensive book that provides a detailed and scholarly discussion of the political and democratic theory underpinnings of election law. Election Law and Democratic Theory fills this important gap, as author David Schultz offers a scholarly analysis of the political principles and democratic values underlying election law and the regulation of political campaigns and participants in the United States. The book provides the first full-length examination of the political theories that form the basis for many of the current debates in election law that structure both Supreme Court and scholarly considerations of topics ranging from campaign finance reform, voting rights, reapportionment, and ballot access to the rights of political parties, the media, and other players in the system. It challenges much of the current debate in election law and argues for more discussion and development of a democratic political theory to support and guide election law jurisprudence.
Author: Charlotte Ku
Publisher: Cambridge University Press
ISBN: 9780521002073
Category : Fiction
Languages : en
Pages : 470
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Book Description
Table of contents
