Democratic Transgressions of Law

Democratic Transgressions of Law PDF Author:
Publisher: BRILL
ISBN: 9004184376
Category : Social Science
Languages : en
Pages : 316

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Book Description
Participation of concerned actors and the public is a central element in the legal regulation of science and technology. In constitutional democracy, these participatory forms are governed by the rule of law. The volume critically examines participatory governance in this realm and makes suggestions with respect to further institutional and political-cultural developments. It assembles contributions of a broad interdisciplinary range within a comparative research programme, opening the black box of participatory governance in legal procedure. The contributions are the result of almost a decade of fruitful discussion between he authors. They also demonstrate the potential of a cross-disciplinary approach that stretches from sociology, via political science and jurisprudence to hermeneutics, linguistics and conversation analysis. Contributors are Gabriele Abels, Matthias Baier, Alfons Bora, Elena Collavin, Heiko Hausendorf, Zsuzsanna Iványi, András Kertész, Les Levidow, Kornélia Marinecz, Peter Münte, Patrick O’Mahony, Giuseppe Pellegrini, and Henrik Rahm.

Democratic Transgressions of Law

Democratic Transgressions of Law PDF Author:
Publisher: BRILL
ISBN: 9004184376
Category : Social Science
Languages : en
Pages : 316

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Book Description
Participation of concerned actors and the public is a central element in the legal regulation of science and technology. In constitutional democracy, these participatory forms are governed by the rule of law. The volume critically examines participatory governance in this realm and makes suggestions with respect to further institutional and political-cultural developments. It assembles contributions of a broad interdisciplinary range within a comparative research programme, opening the black box of participatory governance in legal procedure. The contributions are the result of almost a decade of fruitful discussion between he authors. They also demonstrate the potential of a cross-disciplinary approach that stretches from sociology, via political science and jurisprudence to hermeneutics, linguistics and conversation analysis. Contributors are Gabriele Abels, Matthias Baier, Alfons Bora, Elena Collavin, Heiko Hausendorf, Zsuzsanna Iványi, András Kertész, Les Levidow, Kornélia Marinecz, Peter Münte, Patrick O’Mahony, Giuseppe Pellegrini, and Henrik Rahm.

Democracy and the Rule of Law

Democracy and the Rule of Law PDF Author: Adam Przeworski
Publisher: Cambridge University Press
ISBN: 9780521532662
Category : Law
Languages : en
Pages : 338

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Book Description
This book addresses the question of why governments sometimes follow the law and other times choose to evade the law. The traditional answer of jurists has been that laws have an autonomous causal efficacy: law rules when actions follow anterior norms; the relation between laws and actions is one of obedience, obligation, or compliance. Contrary to this conception, the authors defend a positive interpretation where the rule of law results from the strategic choices of relevant actors. Rule of law is just one possible outcome in which political actors process their conflicts using whatever resources they can muster: only when these actors seek to resolve their conflicts by recourse to la, does law rule. What distinguishes 'rule-of-law' as an institutional equilibrium from 'rule-by-law' is the distribution of power. The former emerges when no one group is strong enough to dominate the others and when the many use institutions to promote their interest.

Laws of Transgression

Laws of Transgression PDF Author: Peter Goodrich
Publisher: University of Toronto Press
ISBN: 1487539827
Category : Law
Languages : en
Pages : 277

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Book Description
Laws of Transgression offers multiple perspectives on the story of Daniel Paul Schreber (1842–1911), a chamber president of the German Supreme Court who was institutionalized after claiming God had communicated with him, desiring to make him into a woman. Schreber was not only a successful judge, but was also to become the author of one of the most commented upon texts in psychiatric literature, Memoirs of My Nervous Illness. Published in 1903, this remarkable work documented Schreber’s visions, desires, jurisprudence, and theology. Far from ending the judge’s legal investments, it manifested an intensification of engagement with the law in the attempt to prove that becoming a woman did not deprive the judge of legal competence. Schreber’s experience of bodily change and his account of interior life has been the subject of more than a century of psychoanalytic and medical scrutiny. With the contemporary trans turn, interest in the judge’s desire to become a woman has intensified. In Laws of Transgression, Peter Goodrich, Katrin Trüstedt, and contributing authors set out to unfold Schreber’s complex relation to the law. The collection revisits and rediscovers the Memoirs, not only in its juridical and political implications, but as a transgressional text that has challenged law and heteronormativity.

The Constitution of Equality

The Constitution of Equality PDF Author: Thomas Christiano
Publisher: OUP Oxford
ISBN: 0191613916
Category : Political Science
Languages : en
Pages : 320

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Book Description
What is the ethical basis of democracy? And what reasons do we have to go along with democratic decisions even when we disagree with them? And when do we have reason to say that we may justly ignore democratic decisions? These questions must be answered if we are to have answers to some of the most important questions facing our global community, which include whether there is a human right to democracy and whether we must attempt to spread democracy throughout the globe. This book provides a philosophical account of the moral foundations of democracy and of liberalism. It shows how democracy and basic liberal rights are grounded in the principle of public equality, which tells us that in the establishment of law and policy we must treat persons as equals in ways they can see are treating them as equals. The principle of public equality is shown to be the fundamental principle of social justice. This account enables us to understand the nature and roles of adversarial politics and public deliberation in political life. It gives an account of the grounds of the authority of democracy. It also shows when the authority of democracy runs out. The author shows how the violations of democratic and liberal rights are beyond the legitimate authority of democracy, how the creation of persistent minorities in a democratic society, and the failure to ensure a basic minimum for all persons weaken the legitimate authority of democracy.

Overruling Democracy

Overruling Democracy PDF Author: Jamin B. Raskin
Publisher: Psychology Press
ISBN: 9780415948951
Category : Political questions and judicial power
Languages : en
Pages : 316

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Book Description
The current five-vote majority on the Supreme Court may be the most divisive, anti-democratic court in American history. Overruling Democracy disputes the majority's awful rulings on third parties, race, high schools and corporations.

How Democracies Die

How Democracies Die PDF Author: Steven Levitsky
Publisher: Crown
ISBN: 1524762946
Category : Political Science
Languages : en
Pages : 321

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Book Description
NEW YORK TIMES BESTSELLER • “Comprehensive, enlightening, and terrifyingly timely.”—The New York Times Book Review (Editors' Choice) WINNER OF THE GOLDSMITH BOOK PRIZE • SHORTLISTED FOR THE LIONEL GELBER PRIZE • NAMED ONE OF THE BEST BOOKS OF THE YEAR BY The Washington Post • Time • Foreign Affairs • WBUR • Paste Donald Trump’s presidency has raised a question that many of us never thought we’d be asking: Is our democracy in danger? Harvard professors Steven Levitsky and Daniel Ziblatt have spent more than twenty years studying the breakdown of democracies in Europe and Latin America, and they believe the answer is yes. Democracy no longer ends with a bang—in a revolution or military coup—but with a whimper: the slow, steady weakening of critical institutions, such as the judiciary and the press, and the gradual erosion of long-standing political norms. The good news is that there are several exit ramps on the road to authoritarianism. The bad news is that, by electing Trump, we have already passed the first one. Drawing on decades of research and a wide range of historical and global examples, from 1930s Europe to contemporary Hungary, Turkey, and Venezuela, to the American South during Jim Crow, Levitsky and Ziblatt show how democracies die—and how ours can be saved. Praise for How Democracies Die “What we desperately need is a sober, dispassionate look at the current state of affairs. Steven Levitsky and Daniel Ziblatt, two of the most respected scholars in the field of democracy studies, offer just that.”—The Washington Post “Where Levitsky and Ziblatt make their mark is in weaving together political science and historical analysis of both domestic and international democratic crises; in doing so, they expand the conversation beyond Trump and before him, to other countries and to the deep structure of American democracy and politics.”—Ezra Klein, Vox “If you only read one book for the rest of the year, read How Democracies Die. . . .This is not a book for just Democrats or Republicans. It is a book for all Americans. It is nonpartisan. It is fact based. It is deeply rooted in history. . . . The best commentary on our politics, no contest.”—Michael Morrell, former Acting Director of the Central Intelligence Agency (via Twitter) “A smart and deeply informed book about the ways in which democracy is being undermined in dozens of countries around the world, and in ways that are perfectly legal.”—Fareed Zakaria, CNN

The Problems of Genocide

The Problems of Genocide PDF Author: A. Dirk Moses
Publisher: Cambridge University Press
ISBN: 1107103584
Category : History
Languages : en
Pages : 611

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Book Description
Historically delineates the problems of genocide as a concept in relation to rival categories of mass violence.

Rethinking the Rule of Law after Communism

Rethinking the Rule of Law after Communism PDF Author: Adam Czarnota
Publisher: Central European University Press
ISBN: 6155053626
Category : Law
Languages : en
Pages : 392

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Book Description
In the original euphoria that attended the virtually simultaneous demise of so many dictatorships in the late 1980s and early 90s, there was a widespread belief that problems of 'transition' basically involved shedding a known past, and replacing it with an also-known future. This volume surveys and contributes to the prolific debates that occurred in the years between the collapse of communism and the enlargement of the European Union regarding the issues of constitutionalism, dealing with the past, and the rule of law in the post-communist world. Eminent scholars explore the issue of transitional justice, highlighting the distinct roles of legal and constitutional bodies in the post-transition period. The introduction seeks to frame the work as an intervention in the discussion of communism and transition-two stable and separate points-while emphasizing the instability of the post-transition moment.

The Rule of Law in the EU

The Rule of Law in the EU PDF Author: Luisa Antoniolli
Publisher: Springer Nature
ISBN: 3031553225
Category :
Languages : en
Pages : 333

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Book Description


Democratic Backsliding and Public Administration

Democratic Backsliding and Public Administration PDF Author: Michael W. Bauer
Publisher: Cambridge University Press
ISBN: 1316519384
Category : Political Science
Languages : en
Pages : 351

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Book Description
A timely new perspective on the impact of populism on the relationship between democracy and public administration.