Republican Legal Theory

Republican Legal Theory PDF 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.

Republican Legal Theory

Republican Legal Theory PDF 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.

On the People's Terms

On the People's Terms PDF Author: Philip Pettit
Publisher: Cambridge University Press
ISBN: 1107005116
Category : History
Languages : en
Pages : 351

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Book Description
A novel, republican theory of the point of democracy, providing a model of the institutions that republican democracy would require.

Republican Democracy

Republican Democracy PDF 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

Bounding Power

Bounding Power PDF 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.

Our Republican Constitution

Our Republican Constitution PDF 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.

The Sacred Fire of Liberty

The Sacred Fire of Liberty PDF Author: M. Sellers
Publisher: Palgrave Macmillan
ISBN: 9781349406043
Category : Philosophy
Languages : en
Pages : 201

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Book Description
This book describes the origins of the concept of liberty in the legal and political thought of Rome, Italy, England, France and the United States of America. Professor Sellers traces the development of liberty and republican government over two centuries of European history, in association with liberal ideas. This study reveals republicanism as the parent of liberalism in modern law and politics, and demonstrates the continuing value of republican ideas in securing the liberty of contemporary states and their citizens.

American Republicanism

American Republicanism PDF Author: Mortimer N.S. Sellers
Publisher: Springer
ISBN: 1349133477
Category : History
Languages : en
Pages : 352

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Book Description
This book examines what 'republicanism' meant to the Americans who drafted and ratified the United States Constitution, guaranteeing a 'republican form of government' to every state in the Union. M.N.S.Sellers compares the writings and speeches of the founders with the authors they read and imitated to identify the central tenets of American republicanism, and to demonstrate that American republican though directly reflected classical models, rather than a mediating tradition of English or continental political theory.

Democracy’s Discontent

Democracy’s Discontent PDF Author: Michael J. Sandel
Publisher: Harvard University Press
ISBN: 9780674197459
Category : History
Languages : en
Pages : 436

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Book Description
On American democracy

Constitutional Referendums

Constitutional Referendums PDF Author: Stephen Tierney
Publisher: OUP Oxford
ISBN: 0191629081
Category : Law
Languages : en
Pages : 352

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Book Description
The use of referendums around the world has grown remarkably in the past thirty years and, in particular, referendums are today deployed more than ever in the settlement of constitutional questions, even in countries with little or no tradition of direct democracy. This is the first book by a constitutional theorist to address the implications of this development for constitutional democracy in a globalizing age, when many of the older certainties surrounding sovereignty and constitutional authority are coming under scrutiny. The book identifies four substantive constitutional processes where the referendum is regularly used today: the founding of new states; the creation or amendment of constitutions; the establishment of complex new models of sub-state autonomy, particularly in multinational states; and the transfer of sovereign powers from European states to the European Union. The book, as a study in constitutional theory, addresses the challenges this phenomenon poses not only for particular constitutional orders, which are typically structured around a representative model of democracy, but for constitutional theory more broadly. The main theoretical focus of the book is the relationship between the referendum and democracy. It addresses the standard criticisms which the referendum is subjected to by democratic theorists and deploys both civic republican theory and the recent turn in deliberative democracy to ask whether by good process-design the constitutional referendum is capable of facilitating the engagement of citizens in deliberative acts of constitution-making. With the referendum firmly established as a fixture of contemporary constitutionalism, the book addresses the key question for constitutional theorists and practitioners of how might its operation be made more democratic in age of constitutional transformation.

Republicanism

Republicanism PDF 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.