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Author: Dannica Fleuß
Publisher: Emerald Group Publishing
ISBN: 180043720X
Category : Social Science
Languages : en
Pages : 216
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Book Description
Radical Proceduralism bridges the gap between political philosophy and practical institutional experimentation asking us to bring citizens back in and to engage them in a dialogue about ‘the rules of the democratic game’ and proposing institutional devices that figure as ‘conversation starters’ and facilitate such dialogues.
Author: Dannica Fleuß
Publisher: Emerald Group Publishing
ISBN: 180043720X
Category : Social Science
Languages : en
Pages : 216
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Book Description
Radical Proceduralism bridges the gap between political philosophy and practical institutional experimentation asking us to bring citizens back in and to engage them in a dialogue about ‘the rules of the democratic game’ and proposing institutional devices that figure as ‘conversation starters’ and facilitate such dialogues.
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: Luc J. Wintgens
Publisher: Routledge
ISBN: 1351881264
Category : Law
Languages : en
Pages : 383
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Book Description
This work provides a rational framework for legislation. The unifying premise behind the essays is that, although legislation and regulation are the result of a political process, legislation and regulation can be the object of theoretical study. The volume focuses on problems that are common to most European legal systems and the approach involves applying to legislative problems the tools of legal theory - hence 'legisprudence'. Whereas traditional legal theory deals predominantly with the application of law by the judge, legisprudence enlarges the field of study so as to include the creation of law by the legislator. The original essays published in this collection expose and develop a range of new insights into the relationship between legislative problems and legal theory in a way which will engage and interest legal scholars throughout the world.
Author: Michelle Everson
Publisher: Routledge
ISBN: 1134070667
Category : Law
Languages : en
Pages : 493
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Book Description
An original and innovative recasting of constitutionalism, written by acknowledged experts in the field, this empirically grounded and theoretically informed volume addresses the strategies and philosophies that judges and lawyers bring to bear when creating European constitutional jurisprudence; investigating and promoting promotes the sustainability of a theory or praxis of ‘procedural’ constitutionalism. Building upon European and American critical legal scholarship, Michelle Everson and Julia Eisner argue that constitutional adjudication has never been the neutral matter of a mere judicial ‘identification’ of the values, norms and procedures that each society seeks to concretise in its own body of constitutional law. Instead, a ‘mythology’ of comprehensive national constitutional settlement has obscured the primary legal constitutional conundrum that is created by the requirement that a judiciary must always adapt its constitutional jurisprudence to the evolving values that are to be found within any society; but must always, also, maintain the integrity and autonomy of the law itself. European judges and lawyers, having been denied recourse to all forms of constitutional mythology, provide us with an alternative model of constitutionalism; one that does not require a founding myth of constitutional settlement, and one which both secures the autonomy of law, as well as ensures dialogue between law and society. This occurs, however, not through grand theories of ‘constitutional adjudication’ but, as The Making of a European Constitution documents, rather through a practical process.
Author: Terry Carney
Publisher: Federation Press
ISBN: 9781862873667
Category : Law
Languages : en
Pages : 180
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Book Description
Contractualism and Citizenship is a special issue (Volume 18 No 2) of the journal Law in Context. The contents are listed below. You can read the abstract for each chapter by clicking on its title.You can purchase a single copy of this issue through this page, or subscribe to the journal from the journal page.
Author:
Publisher: Éditions Épistémé
ISBN: 2832322867
Category :
Languages : en
Pages : 368
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Book Description
Author: Samantha Besson
Publisher: Bloomsbury Publishing
ISBN: 1847310184
Category : Law
Languages : en
Pages : 622
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Book Description
This book explores the relationship between the law and pervasive and persistent reasonable disagreement about justice. It reveals the central moral function and creative force of reasonable disagreement in and about the law and shows why and how lawyers and legal philosophers should take reasonable conflict more seriously. Even though the law should be regarded as the primary mode of settlement of our moral conflicts,it can, and should, also be the object and the forum of further moral conflicts. There is more to the rule of law than convergence and determinacy and it is important therefore to question the importance of agreement in law and politics. By addressing in detail issues pertaining to the nature and sources of disagreement, its extent and significance, as well as the procedural, institutional and substantive responses to disagreement in the law and their legitimacy, this book suggests the value of a comprehensive approach to thinking about conflict, which until recently has been analysed in a compartmentalized way. It aims to provide a fully-fledged political morality of conflict by drawing on the analysis of topical jurisprudential questions in the new light of disagreement. Developing such a global theory of disagreement in the law should be read in the context of the broader effort of reconstructing a complete account of democratic law-making in pluralistic societies. The book will be of value not only to legal philosophers and constitutional theorists, but also to political and democratic theorists, as well as to all those interested in public decision-making in conditions of conflict.
Author: Dennis Patterson
Publisher: John Wiley & Sons
ISBN: 1444320122
Category : Law
Languages : en
Pages : 704
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Book Description
The articles in this new edition of A Companion to Philosophy ofLaw and Legal Theory have been updated throughout, and theaddition of ten new articles ensures that the volume continues tooffer the most up-to-date coverage of current thinking inlegal philosophy. Represents the definitive handbook of philosophy of law andcontemporary legal theory, invaluable to anyone with an interest inlegal philosophy Now features ten entirely new articles, covering the areas ofrisk, regulatory theory, methodology, overcriminalization,intention, coercion, unjust enrichment, the rule of law, law andsociety, and Kantian legal philosophy Essays are written by an international team of leadingscholars
Author: Gianni Vattimo
Publisher: Columbia University Press
ISBN: 9780231130837
Category : Law
Languages : en
Pages : 244
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Book Description
Features essays on ethics, politics, and law. This book re-evaluates the meaning, values, and the idea of freedom in Western culture. A daring marriage of philosophical theory and practical politics, this collection is the first of Gianni Vattimo's many books to combine his intellectual pursuits with his public and political life. Vattimo is a paradoxical figure, at once a believing Christian and a vociferous critic of the Catholic Church, an outspoken liberal but not a former communist, and a recognized authority on Nietzsche and Heidegger as well as a prominent public intellectual and member of the European parliament.
Author: Seyla Benhabib
Publisher: Routledge
ISBN: 1000158500
Category : Philosophy
Languages : en
Pages : 280
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Book Description
This book is an attempt to defend the tradition of universalism in the face of a triple-pronged critique by engaging with the claims of feminism, communitarianism, and postmodernism and by learning from them. It situates reason and the moral self more decisively in contexts of gender and community.
