Beyond Constitutionalism

Beyond Constitutionalism PDF Author: Nico Krisch
Publisher: Oxford University Press, USA
ISBN: 0199228310
Category : Law
Languages : en
Pages : 383

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Book Description
Rejecting current arguments that international law should be 'constitutionalized', this book advances an alternative, pluralist vision of postnational legal orders. It analyses the promise and problems of pluralism in theory and in current practice - focusing on the European human rights regime, the European Union, and global governance in the UN.

Beyond Constitutionalism

Beyond Constitutionalism PDF Author: Nico Krisch
Publisher: Oxford University Press, USA
ISBN: 0199228310
Category : Law
Languages : en
Pages : 383

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Book Description
Rejecting current arguments that international law should be 'constitutionalized', this book advances an alternative, pluralist vision of postnational legal orders. It analyses the promise and problems of pluralism in theory and in current practice - focusing on the European human rights regime, the European Union, and global governance in the UN.

The Structure of Pluralism

The Structure of Pluralism PDF Author: Victor M. Muniz-Fraticelli
Publisher: Oxford University Press (UK)
ISBN: 0199673888
Category : Law
Languages : en
Pages : 289

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Book Description
Pluralism proceeds from the observation that many associations in liberal democracies claim to possess, and attempt to exercise, a measure of legitimate authority over their members. They assert that this authority does not derive from the magnanimity of a liberal and tolerant state but is grounded, rather, on the common practices and aspirations of those individuals who choose to take part in a common endeavor. As an account of the authority of associations, pluralism is distinct from other attempts to accommodate groups like multiculturalism, subsidiarity, corporatism, and associational democracy. It is consistent with the explanation of legal authority proposed by contemporary legal positivists, and recommends that the formal normative systems of highly organized groups be accorded the status of fully legal norms when they encounter the laws of the state. In this book, Muniz-Fraticelli argues that political pluralism is a convincing political tradition that makes distinctive and radical claims regarding the sources of political authority and the relationship between associations and the state. Drawing on the intellectual tradition of the British political pluralists, as well as recent developments in legal philosophy and social ontology, the book argues that political pluralism makes distinctive and radical claims regarding the sources of political authority and the relationship between associations and the state.

The Structure of Pluralism

The Structure of Pluralism PDF Author: Victor M. Muniz-Fraticelli
Publisher: OUP Oxford
ISBN: 0191655651
Category : Law
Languages : en
Pages : 289

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Book Description
Pluralism proceeds from the observation that many associations in liberal democracies claim to possess, and attempt to exercise, a measure of legitimate authority over their members. They assert that this authority does not derive from the magnanimity of a liberal and tolerant state but is grounded, rather, on the common practices and aspirations of those individuals who choose to take part in a common endeavor. As an account of the authority of associations, pluralism is distinct from other attempts to accommodate groups like multiculturalism, subsidiarity, corporatism, and associational democracy. It is consistent with the explanation of legal authority proposed by contemporary legal positivists, and recommends that the formal normative systems of highly organized groups be accorded the status of fully legal norms when they encounter the laws of the state. In this book, Muniz-Fraticelli argues that political pluralism is a convincing political tradition that makes distinctive and radical claims regarding the sources of political authority and the relationship between associations and the state. Drawing on the intellectual tradition of the British political pluralists, as well as recent developments in legal philosophy and social ontology, the book argues that political pluralism makes distinctive and radical claims regarding the sources of political authority and the relationship between associations and the state.

Scientific Pluralism Reconsidered

Scientific Pluralism Reconsidered PDF Author: Stephanie Ruphy
Publisher: University of Pittsburgh Press
ISBN: 082298153X
Category : Science
Languages : en
Pages : 252

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Book Description
Can we expect our scientific theories to make up a unified structure, or do they form a kind of "patchwork" whose pieces remain independent from each other? Does the proliferation of sometimes-incompatible representations of the same phenomenon compromise the ability of science to deliver reliable knowledge? Is there a single correct way to classify things that science should try to discover, or is taxonomic pluralism here to stay? These questions are at the heart of philosophical debate on the unity or plurality of science, one of the most central issues in philosophy of science today. This book offers a critical overview and a new structure of this debate. It focuses on the methodological, epistemic, and metaphysical commitments of various philosophical attitudes surrounding monism and pluralism, and offers novel perspectives and pluralist theses on scientific methods and objects, reductionism, plurality of representations, natural kinds, and scientific classifications.

Liberalism and Value Pluralism

Liberalism and Value Pluralism PDF Author: George Crowder
Publisher: A&C Black
ISBN: 0826450482
Category : Political Science
Languages : en
Pages : 289

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Book Description
Value pluralism is the idea, associated with the late Isaiah Berlin, that fundamental human values are irreducibly plural and incommensurable. Ends like liberty, equality and community are intrinsic goods which can neither be ranked in an absolute hierarchy nor translated into units of a common denominator. If that is true, how can we choose among such values when they come into conflict in particular cases? In particular, what reason is there to justify the value ranking characteristic of liberal democracy, favouring personal autonomy and toleration? Recent commentators have seen value pluralism as undermining the traditional claims of liberalism to universal authority, rendering it at best no more than one political form among others with no greater claim to legitimacy. Against that view, George Crowder argues that a strong distinctive case for liberalism as a universal project is implied by value pluralism itself. Reflection on the elements of value pluralism yields a set of ethical principles, including respect for universal values, rejection of political utopianism, promotion of value diversity, accommodation of reasonable disagreement, and cultivation of civic virtues. Those principles are best satisfied by a liberal form of politics characterised by a strong commitment to personal autonomy, by policies of moderate redistribution and multiculturalism, and by constitutional restraints on democractic politics. This is the first book-length defence of liberalism on the basis of value pluralism, complementing and extending the work of Berlin and others.

The Oxford Handbook of Global Legal Pluralism

The Oxford Handbook of Global Legal Pluralism PDF Author: Paul Schiff Berman
Publisher: Oxford University Press, USA
ISBN: 0197516742
Category : Law
Languages : en
Pages : 1133

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Book Description
"Abstract Global legal pluralism has become one of the leading analytical frameworks for understanding and conceptualizing law in the twenty-first century"--

Biological Complexity and Integrative Pluralism

Biological Complexity and Integrative Pluralism PDF Author: Sandra D. Mitchell
Publisher: Cambridge University Press
ISBN: 9780521520799
Category : Philosophy
Languages : en
Pages : 264

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Book Description
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Pluralism and American Public Education

Pluralism and American Public Education PDF Author: Ashley Rogers Berner
Publisher: Springer
ISBN: 113750224X
Category : Education
Languages : en
Pages : 191

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Book Description
This book argues that the structure of public education is a key factor in the failure of America's public education system to fulfill the intellectual, civic, and moral aims for which it was created. The book challenges the philosophical basis for the traditional common school model and defends the educational pluralism that most liberal democracies enjoy. Berner provides a unique theoretical pathway that is neither libertarian nor state-focused and a pragmatic pathway that avoids the winner-takes-all approach of many contemporary debates about education. For the first time in nearly one hundred fifty years, changing the underlying structure of America’s public education system is both plausible and possible, and this book attempts to set out why and how.

Uncivil Society

Uncivil Society PDF Author: Richard Boyd
Publisher: Applications of Political Theory
ISBN:
Category : History
Languages : en
Pages : 374

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Book Description
Civil society is one of the most hotly debated topics in contemporary political theory. These debates often assume that a vibrant associational life between individual and state is essential for maintaining liberal democratic institutions. In Uncivil Society, Richard Boyd argues-through a careful reading of such seminal figures as Hobbes, Locke, Burke, Mill, Tocqueville, and Oakeshott-that contemporary theorists have not only tended to ignore the question of which sorts of groups ought to count as "civil society" but they have also unduly discounted the ambivalence of violent and illiberal groups in a liberal democracy. Boyd seeks to correct this conceptual confusion by offering us a better moral taxonomy of the virtue of civility.

The Quest for Meaning

The Quest for Meaning PDF Author: Tariq Ramadan
Publisher: Penguin UK
ISBN: 0141919574
Category : Religion
Languages : en
Pages : 278

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Book Description
In The Quest for Meaning, Tariq Ramadan, philosopher and Islamic scholar, invites the reader to join him on a journey to the deep ocean of religious, secular, and indigenous spiritual traditions to explore the most pressing contemporary issues. Along the way, Ramadan interrogates the concepts that frame current debates including: faith and reason, emotions and spirituality, tradition and modernity, freedom, equality, universality, and civilization. He acknowledges the greatest flashpoints and attempts to bridge divergent paths to a common ground between these religious and intellectual traditions. He calls urgently for a deep and meaningful dialogue that leads us to go beyond tolerant co-existence to mutual respect and enrichment. Written in a both direct and meditative style this is an important, timely and intelligent book that aims to direct and shape debate around the most important questions of our time.