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Author: M. Sellers
Publisher: Springer
ISBN: 0230513409
Category : Political Science
Languages : en
Pages : 211
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Book Description
Republican legal theory developed out of the jurisprudential and constitutional legacy of the Roman res publica as interpreted over two millennia in Europe and North America. In this book - the most comprehensive study of republican legal ideas to date - Professor Sellers traces the development of republican legal theory. Explaining the importance of popular sovereignty, the rule of law, the separation of powers and other essential republican legal characteristics, he argues that these republican institutions have introduced a new era of justice into politics.
Author: M. Sellers
Publisher: Springer
ISBN: 0230513409
Category : Political Science
Languages : en
Pages : 211
Get Book Here
Book Description
Republican legal theory developed out of the jurisprudential and constitutional legacy of the Roman res publica as interpreted over two millennia in Europe and North America. In this book - the most comprehensive study of republican legal ideas to date - Professor Sellers traces the development of republican legal theory. Explaining the importance of popular sovereignty, the rule of law, the separation of powers and other essential republican legal characteristics, he argues that these republican institutions have introduced a new era of justice into politics.
Author: Samantha Besson
Publisher: OUP Oxford
ISBN: 0191565466
Category : Law
Languages : en
Pages : 368
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Book Description
Interest in republicanism as a political theory has burgeoned in recent years, but its implications for the understanding of law have remained largely unexplored. Legal Republicanism is the first book to offer a comprehensive, critical survey of the potential for creating republican accounts of fundamental issues in law and legal theory. Bringing together contributors with backgrounds in political and legal philosophy, the essays in the volume assess republicanism's historical traditions, conceptual coherence, and normative proposals. The collection offers a valuable insight into new debates taking place in republican political and legal theory. It also analyses potential republican approaches to concrete issues arising in areas of law such as criminal, constitutional and international law. Finally, the book includes comparisons between republican legal traditions and how they react to contemporary challenges. The book will be of value to political and democratic theorists, to legal philosophers and constitutional theorists, and all those interested in the legitimacy of decision-making in national and international settings.
Author: Andreas Niederberger
Publisher: Edinburgh University Press
ISBN: 0748677615
Category : Political Science
Languages : en
Pages : 345
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Book Description
This book explores the relationship between democracy and republicanism, and its consequences, and articulates new theoretical insights into connections between liberty, law and democratic politics. Contributors include Philip Pettit, John Ferejohn, Raine
Author: Geneviève Rousselière
Publisher: Cambridge University Press
ISBN: 1316517551
Category : Political Science
Languages : en
Pages : 309
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Book Description
Explores how republican political thought can make a constructive and distinctive contribution to our understanding of democracy and the challenges it faces.
Author: Dan Edelstein
Publisher: University of Chicago Press
ISBN: 0226184404
Category : Literary Criticism
Languages : en
Pages : 351
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Book Description
Natural right—the idea that there is a collection of laws and rights based not on custom or belief but that are “natural” in origin—is typically associated with liberal politics and freedom. In The Terror of Natural Right, Dan Edelstein argues that the revolutionaries used the natural right concept of the “enemy of the human race”—an individual who has transgressed the laws of nature and must be executed without judicial formalities—to authorize three-quarters of the deaths during the Terror. Edelstein further contends that the Jacobins shared a political philosophy that he calls “natural republicanism,” which assumed that the natural state of society was a republic and that natural right provided its only acceptable laws. Ultimately, he proves that what we call the Terror was in fact only one facet of the republican theory that prevailed from Louis’s trial until the fall of Robespierre. A highly original work of historical analysis, political theory, literary criticism, and intellectual history, The Terror of Natural Right challenges prevailing assumptions of the Terror to offer a new perspective on the Revolutionary period.
Author: Philip Pettit
Publisher: Oxford University Press
ISBN: 0198290837
Category : Philosophy
Languages : en
Pages : 317
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Book Description
This is the first full-length presentation of a republican alternative to the liberal and communitarian theories that have dominated political philosophy in recent years. The latest addition to the acclaimed Oxford Political Theory series, Pettit's eloquent and compelling account opens with an examination of the traditional republican conception of freedom as non-domination, contrasting this with established negative and positive views of liberty. The first part of the book traces the rise and decline of this conception, displays its many attractions, and makes a case for why it should still be regarded as a central political ideal. The second part of the book looks at what the implementation of the ideal would require with regard to substantive policy-making, constitutional and democratic design, regulatory control and the relation between state and civil society. Prominent in this account is a novel concept of democracy, under which government is exposed to systematic contestation, and a vision of state-societal relations founded upon civility and trust. Pettit's powerful and insightful new work offers not only a unified, theoretical overview of the many strands of republican ideas, but also a new and sophisticated perspective on studies in related fields including the history of ideas, jurisprudence, and criminology.
Author: Daniel H. Deudney
Publisher: Princeton University Press
ISBN: 1400837278
Category : Political Science
Languages : en
Pages : 410
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Book Description
Realism, the dominant theory of international relations, particularly regarding security, seems compelling in part because of its claim to embody so much of Western political thought from the ancient Greeks to the present. Its main challenger, liberalism, looks to Kant and nineteenth-century economists. Despite their many insights, neither realism nor liberalism gives us adequate tools to grapple with security globalization, the liberal ascent, and the American role in their development. In reality, both realism and liberalism and their main insights were largely invented by republicans writing about republics. The main ideas of realism and liberalism are but fragments of republican security theory, whose primary claim is that security entails the simultaneous avoidance of the extremes of anarchy and hierarchy, and that the size of the space within which this is necessary has expanded due to technological change. In Daniel Deudney's reading, there is one main security tradition and its fragmentary descendants. This theory began in classical antiquity, and its pivotal early modern and Enlightenment culmination was the founding of the United States. Moving into the industrial and nuclear eras, this line of thinking becomes the basis for the claim that mutually restraining world government is now necessary for security and that political liberty cannot survive without new types of global unions. Unique in scope, depth, and timeliness, Bounding Power offers an international political theory for our fractious and perilous global village.
Author: Christopher Skeaff
Publisher: University of Chicago Press
ISBN: 022655550X
Category : Philosophy
Languages : en
Pages : 189
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Book Description
In this pathbreaking work, Christopher Skeaff argues that a profoundly democratic conception of judgment is at the heart of Spinoza’s thought. Bridging Continental and Anglo-American scholarship, critical theory, and Spinoza studies, Becoming Political offers a historically sensitive, meticulous, and creative interpretation of Spinoza’s texts that reveals judgment as the communal element by which people generate power to resist domination and reconfigure the terms of their political association. If, for Spinoza, judging is the activity which makes a people powerful, it is because it enables them to contest the project of ruling and demonstrate the political possibility of being equally free to articulate the terms of their association. This proposition differs from a predominant contemporary line of argument that treats the people’s judgment as a vehicle of sovereignty—a means of defining and refining the common will. By recuperating in Spinoza’s thought a “vital republicanism,” Skeaff illuminates a line of political thinking that decouples democracy from the majoritarian aspiration to rule and aligns it instead with the project of becoming free and equal judges of common affairs. As such, this decoupling raises questions that ordinarily go unasked: what calls for political judgment, and who is to judge? In Spinoza’s vital republicanism, the political potential of life and law finds an affirmative relationship that signals the way toward a new constitutionalism and jurisprudence of the common.
Author: James E. Sanders
Publisher: Duke University Press
ISBN: 0822385740
Category : History
Languages : en
Pages : 273
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Book Description
Contentious Republicans explores the mid-nineteenth-century rise of mass electoral democracy in the southwestern region of Colombia, a country many assume has never had a meaningful democracy of any sort. James E. Sanders describes a surprisingly rich republicanism characterized by legal rights and popular participation, and he explains how this vibrant political culture was created largely by competing subaltern groups seeking to claim their rights as citizens and their place in the political sphere. Moving beyond the many studies of nineteenth-century nation building that focus on one segment of society, Contentious Republicans examines the political activism of three distinct social and racial groups: Afro-Colombians, Indians, and white peasant migrants. Beginning in the late 1840s, subaltern groups entered the political arena to forge alliances, both temporary and enduring, with the elite Liberal and Conservative Parties. In the process, each group formed its own political discourses and reframed republicanism to suit its distinct needs. These popular liberals and popular conservatives bargained for the parties’ support and deployed a broad repertoire of political actions, including voting, demonstrations, petitions, strikes, boycotts, and armed struggle. By the 1880s, though, many wealthy Colombians of both parties blamed popular political engagement for social disorder and economic failure, and they successfully restricted lower-class participation in politics. Sanders suggests that these reactionary developments contributed to the violence and unrest afflicting modern Colombia. Yet in illuminating the country’s legacy of participatory politics in the nineteenth century, he shows that the current situation is neither inevitable nor eternal.
Author: Randy E. Barnett
Publisher: HarperCollins
ISBN: 0062412302
Category : Political Science
Languages : en
Pages : 226
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Book Description
A concise history of the long struggle between two fundamentally opposing constitutional traditions, from one of the nation’s leading constitutional scholars—a manifesto for renewing our constitutional republic. The Constitution of the United States begins with the words: “We the People.” But from the earliest days of the American republic, there have been two competing notions of “the People,” which lead to two very different visions of the Constitution. Those who view “We the People” collectively think popular sovereignty resides in the people as a group, which leads them to favor a “democratic” constitution that allows the “will of the people” to be expressed by majority rule. In contrast, those who think popular sovereignty resides in the people as individuals contend that a “republican” constitution is needed to secure the pre-existing inalienable rights of “We the People,” each and every one, against abuses by the majority. In Our Republican Constitution, renowned legal scholar Randy E. Barnett tells the fascinating story of how this debate arose shortly after the Revolution, leading to the adoption of a new and innovative “republican” constitution; and how the struggle over slavery led to its completion by a newly formed Republican Party. Yet soon thereafter, progressive academics and activists urged the courts to remake our Republican Constitution into a democratic one by ignoring key passes of its text. Eventually, the courts complied. Drawing from his deep knowledge of constitutional law and history, as well as his experience litigating on behalf of medical marijuana and against Obamacare, Barnett explains why “We the People” would greatly benefit from the renewal of our Republican Constitution, and how this can be accomplished in the courts and the political arena.
