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Author: Håkan Hydén
Publisher: Routledge
ISBN: 1000533107
Category : Law
Languages : en
Pages : 316
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Book Description
This book proposes the study of norms as a method of explaining human choice and behaviour by introducing a new scientific perspective. The science of norms may here be broadly understood as a social science which includes elements from both the behavioural and legal sciences. It is given that a science of norms is not normative in the sense of prescribing what is right or wrong in various situations. Compared with legal science, sociology of law has an interest in the operational side of legal rules and regulation. This book develops a synthesizing social science approach to better understand societal development in the wake of the increasingly significant digital technology. The underlying idea is that norms as expectations today are not primarily related to social expectations emanating from human interactions but come from systems that mankind has created for fulfilling its needs. Today the economy, via the market, and technology via digitization, generate stronger and more frequent expectations than the social system. By expanding the sociological understanding of norms, the book makes comparisons between different parts of society possible and creates a more holistic understanding of contemporary society. The book will be of interest to academics and researchers in the areas of sociology of law, legal theory, philosophy of law, sociology and social psychology.
Author: Håkan Hydén
Publisher: Routledge
ISBN: 1000533107
Category : Law
Languages : en
Pages : 316
Get Book Here
Book Description
This book proposes the study of norms as a method of explaining human choice and behaviour by introducing a new scientific perspective. The science of norms may here be broadly understood as a social science which includes elements from both the behavioural and legal sciences. It is given that a science of norms is not normative in the sense of prescribing what is right or wrong in various situations. Compared with legal science, sociology of law has an interest in the operational side of legal rules and regulation. This book develops a synthesizing social science approach to better understand societal development in the wake of the increasingly significant digital technology. The underlying idea is that norms as expectations today are not primarily related to social expectations emanating from human interactions but come from systems that mankind has created for fulfilling its needs. Today the economy, via the market, and technology via digitization, generate stronger and more frequent expectations than the social system. By expanding the sociological understanding of norms, the book makes comparisons between different parts of society possible and creates a more holistic understanding of contemporary society. The book will be of interest to academics and researchers in the areas of sociology of law, legal theory, philosophy of law, sociology and social psychology.
Author: R. J. Rummel
Publisher: Transaction Publishers
ISBN: 9781412836302
Category : Business & Economics
Languages : en
Pages : 320
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Book Description
This is a book on conflict and consensus aimed at the general reader. In active, plain and direct language it makes the seemingly abstract and complex issues simple. Its view of peace is well-rounded, tough-minded, one that well understands the difficult world of social and personal violence and conflict. At its heart is a simple finding: "to wage peace we need to foster freedom." The human race can best achieve that simple aim by "leaving people alone to form their own communities." "The Conflict Helix "avoids the ambiguous in favor of the categorical; the hedged, qualified statement for the direct Rummel presents a series of basic principles, each concerning an aspect of conflict and peace - psychological, interpersonal, societal, international - and each aspect having its own master principle. These principles are not mere organizational props, but are deeply theoretical and empirically fundamental. The volume expresses the core ideas, results and conclusions of Rummel's major, five-volume work on "Understanding Conflict and War. "In discarding technical material and focusing on principles and meaning, "The Conflict Helix "presents an executive summary of a lifetime of work in a digestible form. In light of recent events in Europe, Asia and Latin American this work takes on a special poignancy for the developing no less than the industrialized worlds. Hence, this book should be of value to the general reader as well as professionals and advanced students of international politics.
Author: Benjamin Spagnolo
Publisher: Bloomsbury Publishing
ISBN: 1849468850
Category : Law
Languages : en
Pages : 252
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Book Description
The Continuity of Legal Systems in Theory and Practice examines a persistent and fascinating question about the continuity of legal systems: when is a legal system existing at one time the same legal system that exists at another time? The book's distinctive approach to this question is to combine abstract critical analysis of two of the most developed theories of legal systems, those of Hans Kelsen and Joseph Raz, with an evaluation of their capacity, in practice, to explain the facts, attitudes and normative standards for which they purport to account. That evaluation is undertaken by reference to Australian constitutional law and history, whose diverse and complex phenomena make it particularly apt for evaluating the theories' explanatory power. In testing whether the depiction of Australian law presented by each theory achieves an adequate 'fit' with historical facts, the book also contributes to the understanding of Australian law and legal systems between 1788 and 2001. By collating the relevant Australian materials systematically for the first time, it presents the case for reconceptualising the role of Imperial laws and institutions during the late nineteenth and early twentieth centuries, and clarifies the interrelationship between Colonial, State, Commonwealth and Imperial legal systems, both before and after Federation.
Author: James A. Gardner
Publisher: Aspen Publishing
ISBN: 1543826830
Category : Law
Languages : en
Pages : 1164
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Book Description
The third edition of Election Law in the American Political System pivots to place front and center the profound challenges to American democracy posed by the emergence of a political environment in which repeated, partisan attempts to undermine longstanding democratic processes have become a new norm of political contestation. Like prior editions, it offers an easy to teach, student-friendly, intellectually rich casebook with comprehensive coverage of the legal rules and doctrines that shape democratic participation in the 21st century American political system. New to the Third Edition: Addresses the perils currently facing American democracy including democratic backsliding, authoritarianism, and election denialism Contextualizes the problem of democratic backsliding as a global phenomenon Provides important intellectual framework and scaffolding by explaining the joint pathologies of illiberalism and populism and how they affect American democracy Updated caselaw with partisan gerrymandering: Rucho v. Common Cause; the Voting Rights Act: Brnovich v. Democratic National Committee; racial gerrymandering: Cooper v. Harris; and political speech: Minnesota Voters Alliance v. Mansky Professors and students will benefit from: Organization that tracks the lifecycle of the democratic process from distribution of the franchise to processes and relationships of representation and through parties, candidate selection, campaign speech and spending, to electoral administration. Multidisciplinary coverage of theories of voting behavior, alternative electoral systems, evolution of judicial review of democratic processes, and developments concerning the advent of “fake news” in election campaigns. Comprehensive coverage of developments in partisan gerrymandering, the Voting Rights Act, judicial campaigning, campaign finance, and electoral administration. A focus on the current problems facing American democracy. A rich set of theoretical materials to help facilitate teaching and engagement of doctrine Well-organized and self-contained units that allow professors to cover topics in the depth and breadth they prefer. Clear, concise, and informative notes to help focus student attention on the issues that are relevant.
Author: Richard Nobles
Publisher: Bloomsbury Publishing
ISBN: 1782250123
Category : Law
Languages : en
Pages : 282
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Book Description
This book uses Niklas Luhmann's systems theory to explore how the legal system operates as one of modern society's subsystems. The authors demonstrate how this theory alters our understanding of some of the most important and controversial issues within law: the nature of judicial communication and legal argument; the claim that it can be right to disobey law; the character of legal pluralism and globalisation; time and its construction within law; the significance of the rule of law and human rights and the role of appeals to, and within, law. Systems theory enables the authors to demonstrate how the legal system observes its own operations through its own communications, and how this contrasts with the manner in which law is observed by other systems such as the media and politics. In this context the authors explore the constraints imposed by systems, in particular the legal system, upon the individuals who participate in them.
Author: Nic Cheeseman
Publisher: Yale University Press
ISBN: 0300280831
Category : Political Science
Languages : en
Pages : 343
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Book Description
An engrossing analysis of the pseudo-democratic methods employed by despots around the world to retain control Contrary to what is commonly believed, authoritarian leaders who agree to hold elections are generally able to remain in power longer than autocrats who refuse to allow the populace to vote. In this engaging and provocative book, Nic Cheeseman and Brian Klaas expose the limitations of national elections as a means of promoting democratization, and reveal the six essential strategies that dictators use to undermine the electoral process in order to guarantee victory for themselves. Based on their firsthand experiences as election watchers and their hundreds of interviews with presidents, prime ministers, diplomats, election officials, and conspirators, Cheeseman and Klaas document instances of election rigging from Argentina to Zimbabwe, including notable examples from Brazil, India, Nigeria, Russia, and the United States—touching on the 2016 election. This eye-opening study offers a sobering overview of corrupted professional politics, while providing fertile intellectual ground for the development of new solutions for protecting democracy from authoritarian subversion.
Author: Ryszard Legutko
Publisher: Encounter Books
ISBN: 1594039925
Category : Political Science
Languages : en
Pages : 164
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Book Description
Ryszard Legutko lived and suffered under communism for decades—and he fought with the Polish anti-communist movement to abolish it. Having lived for two decades under a liberal democracy, however, he has discovered that these two political systems have a lot more in common than one might think. They both stem from the same historical roots in early modernity, and accept similar presuppositions about history, society, religion, politics, culture, and human nature. In The Demon in Democracy, Legutko explores the shared objectives between these two political systems, and explains how liberal democracy has over time lurched towards the same goals as communism, albeit without Soviet style brutality. Both systems, says Legutko, reduce human nature to that of the common man, who is led to believe himself liberated from the obligations of the past. Both the communist man and the liberal democratic man refuse to admit that there exists anything of value outside the political systems to which they pledged their loyalty. And both systems refuse to undertake any critical examination of their ideological prejudices.
Author: Charles F. Andrain
Publisher: M.E. Sharpe
ISBN: 9781563242809
Category : Political Science
Languages : en
Pages : 262
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Book Description
This book focuses on the economic changes produced by different political systems and on the social impact of regime transformations. It addresses several key policy issues: How does the policy process operate in various types of political systems? What impact do public policies and policy outcomes wield on transformations in a political system? How does public policy preference in different political systems affect democracy, capitalism, and socialism?
Author: Jan-Werner Müller
Publisher: Farrar, Straus and Giroux
ISBN: 0374720711
Category : Political Science
Languages : en
Pages : 129
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Book Description
A much-anticipated guide to saving democracy, from one of our most essential political thinkers. Everyone knows that democracy is in trouble, but do we know what democracy actually is? Jan-Werner Müller, author of the widely translated and acclaimed What Is Populism?, takes us back to basics in Democracy Rules. In this short, elegant volume, he explains how democracy is founded not just on liberty and equality, but also on uncertainty. The latter will sound unattractive at a time when the pandemic has created unbearable uncertainty for so many. But it is crucial for ensuring democracy’s dynamic and creative character, which remains one of its signal advantages over authoritarian alternatives that seek to render politics (and individual citizens) completely predictable. Müller shows that we need to re-invigorate the intermediary institutions that have been deemed essential for democracy’s success ever since the nineteenth century: political parties and free media. Contrary to conventional wisdom, these are not spent forces in a supposed age of post-party populist leadership and post-truth. Müller suggests concretely how democracy’s critical infrastructure of intermediary institutions could be renovated, re-empowering citizens while also preserving a place for professionals such as journalists and judges. These institutions are also indispensable for negotiating a democratic social contract that reverses the secession of plutocrats and the poorest from a common political world.
Author: Jürgen Habermas
Publisher: John Wiley & Sons
ISBN: 0745694268
Category : Philosophy
Languages : en
Pages : 637
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Book Description
This is Habermas's long awaited work on law, democracy and the modern constitutional state in which he develops his own account of the nature of law and democracy.
