The Concept Of Liberal Democratic Law
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| Author | : Johan Willem Gous Van der Walt |
| Publisher | : Law and Politics |
| Total Pages | : 0 |
| Release | : 2020 |
| Genre | : Democracy |
| ISBN | : 9780367181819 |
This book develops a historical concept of liberal democratic law through readings of the pivotal twentieth century legal theoretical positions articulated in the work of Herbert Hart, Ronald Dworkin, Duncan Kennedy, Rudolf Smend, Hans Kelsen and Carl Schmitt. It assesses the jurisprudential projects and positions of these theorists against the background of a long history of European metaphysics from which the modern concept of liberal democratic law emerged. Two key narratives are central to this history of European political and legal metaphysics. Both concern the historical development of the concept of nomos that emerged in early Greek legal and political thought. The first concerns the history of philosophical reflection on the epistemological and ontological status of legal concepts that runs from Plato to Hobbes (the realist-nominalist debate as it became known later). The second concerns the history of philosophical and political discourses on law, sovereignty and justice that starts with the nomos-physis debate in fifth century Athens and runs through medieval, modern and twentieth century conceptualisations of the relationship between law and power. Methodologically, the reading of the legal theoretical positions of Hart, Dworkin, Kennedy, Smend, Kelsen and Schmitt articulated in this book is presented as a distillation process that extracts the pure elements of liberal democratic law from the metaphysical narratives that not only cradled it, but also smothered and distorted its essential aspirations. Drawing together key insights from across the fields of jurisprudence and philosophy, this book offers an important and original re-articulation of the concept of democratic law.
| Author | : Johan Willem Gous Van der Walt |
| Publisher | : |
| Total Pages | : 265 |
| Release | : 2019 |
| Genre | : History |
| ISBN | : 9780429059940 |
This book develops a historical concept of liberal democratic law through readings of the pivotal twentieth century legal theoretical positions articulated in the work of Herbert Hart, Ronald Dworkin, Duncan Kennedy, Rudolf Smend, Hans Kelsen and Carl Schmitt. It assesses the jurisprudential projects and positions of these theorists against the background of a long history of European metaphysics from which the modern concept of liberal democratic law emerged. Two key narratives are central to this history of European political and legal metaphysics. Both concern the historical development of the concept of nomos that emerged in early Greek legal and political thought. The first concerns the history of philosophical reflection on the epistemological and ontological status of legal concepts that runs from Plato to Hobbes (the realist-nominalist debate as it became known later). The second concerns the history of philosophical and political discourses on law, sovereignty and justice that starts with the nomos-physis debate in fifth century Athens and runs through medieval, modern and twentieth century conceptualisations of the relationship between law and power. Methodologically, the reading of the legal theoretical positions of Hart, Dworkin, Kennedy, Smend, Kelsen and Schmitt articulated in this book is presented as a distillation process that extracts the pure elements of liberal democratic law from the metaphysical narratives that not only cradled it, but also smothered and distorted its essential aspirations. Drawing together key insights from across the fields of jurisprudence and philosophy, this book offers an important and original re-articulation of the concept of democratic law.
| Author | : Nicholas Wolterstorff |
| Publisher | : Oxford University Press, USA |
| Total Pages | : 398 |
| Release | : 2012-09-27 |
| Genre | : Philosophy |
| ISBN | : 0199558957 |
Understanding Liberal Democracy collects Nicholas Wolterstorff's papers in political philosophy. The book includes some of Wolterstorff's earlier and influential work on the intersection between political philosophy and religion, and contains nine new essays in which Wolterstorff develops new lines of argument and stakes out novel positions regarding the nature of liberal democracy, human rights, and political authority. Taken together, these positionsare an attractive alternative to the so-called public reason liberalism defended by thinkers such as John Rawls. Of interest to philosophers, political theorists, and theologians, Understanding Liberal Democracyengages a wide audience of those interested in how best to understand the nature of liberal democracy and its relation to religion.
| Author | : Michael J. Perry |
| Publisher | : Cambridge University Press |
| Total Pages | : 225 |
| Release | : 2010 |
| Genre | : Law |
| ISBN | : 0521115183 |
This important new work elaborates and defends an account of the political morality of liberal democracy.
| Author | : Michael W. Doyle |
| Publisher | : Routledge |
| Total Pages | : 296 |
| Release | : 2011-08-05 |
| Genre | : Political Science |
| ISBN | : 1136644555 |
Comprising essays by Michael W. Doyle, Liberal Peace examines the special significance of liberalism for international relations. The volume begins by outlining the two legacies of liberalism in international relations - how and why liberal states have maintained peace among themselves while at the same time being prone to making war against non-liberal states. Exploring policy implications, the author focuses on the strategic value of the inter-liberal democratic community and how it can be protected, preserved, and enlarged, and whether liberals can go beyond a separate peace to a more integrated global democracy. Finally, the volume considers when force should and should not be used to promote national security and human security across borders, and argues against President George W. Bush’s policy of "transformative" interventions. The concluding essay engages with scholarly critics of the liberal democratic peace. This book will be of great interest to students of international relations, foreign policy, political philosophy, and security studies.
| Author | : John Rawls |
| Publisher | : Columbia University Press |
| Total Pages | : 588 |
| Release | : 2005-03-24 |
| Genre | : Philosophy |
| ISBN | : 0231527535 |
This book continues and revises the ideas of justice as fairness that John Rawls presented in A Theory of Justice but changes its philosophical interpretation in a fundamental way. That previous work assumed what Rawls calls a "well-ordered society," one that is stable and relatively homogenous in its basic moral beliefs and in which there is broad agreement about what constitutes the good life. Yet in modern democratic society a plurality of incompatible and irreconcilable doctrines—religious, philosophical, and moral—coexist within the framework of democratic institutions. Recognizing this as a permanent condition of democracy, Rawls asks how a stable and just society of free and equal citizens can live in concord when divided by reasonable but incompatible doctrines? This edition includes the essay "The Idea of Public Reason Revisited," which outlines Rawls' plans to revise Political Liberalism, which were cut short by his death. "An extraordinary well-reasoned commentary on A Theory of Justice...a decisive turn towards political philosophy." —Times Literary Supplement
| Author | : Richard A. Posner |
| Publisher | : Harvard University Press |
| Total Pages | : 428 |
| Release | : 2009-07-01 |
| Genre | : Law |
| ISBN | : 9780674042292 |
A liberal state is a representative democracy constrained by the rule of law. Richard Posner argues for a conception of the liberal state based on pragmatic theories of government. He views the actions of elected officials as guided by interests rather than by reason and the decisions of judges by discretion rather than by rules. He emphasizes the institutional and material, rather than moral and deliberative, factors in democratic decision making. Posner argues that democracy is best viewed as a competition for power by means of regular elections. Citizens should not be expected to play a significant role in making complex public policy regarding, say, taxes or missile defense. The great advantage of democracy is not that it is the rule of the wise or the good but that it enables stability and orderly succession in government and limits the tendency of rulers to enrich or empower themselves to the disadvantage of the public. Posner’s theory steers between political theorists’ concept of deliberative democracy on the left and economists’ public-choice theory on the right. It makes a significant contribution to the theory of democracy—and to the theory of law as well, by showing that the principles that inform Schumpeterian democratic theory also inform the theory and practice of adjudication. The book argues for law and democracy as twin halves of a pragmatic theory of American government.
| Author | : Robert Rohrschneider |
| Publisher | : Oxford University Press |
| Total Pages | : 752 |
| Release | : 2020-07-28 |
| Genre | : Political Science |
| ISBN | : 0192558692 |
The Handbook of Political Representation in Liberal Democracies offers a state-of-the-art assessment of the functioning of political representation in liberal democracies. In 34 chapters the world's leading scholars on the various aspects of political representation address eight broad themes: The concept and theories of political representation, its history and the main requisites for its development; elite orientations and behavior; descriptive representation; party government and representation; non-electoral forms of political participation and how they relate to political representation; the challenges to representative democracy originating from the growing importance of non-majoritarian institutions and social media; the rise of populism and its consequences for the functioning of representative democracy; the challenge caused by economic and political globlization: what does it mean for the functioning of political representation at the national leval and is it possible to develop institutions of representative democracy at a level above the state that meet the normative criteria of representative democracy and are supported by the people? The various chapters offer a comprehensive review of the literature on the various aspects of political representation. The main organizing principle of the Handbook is the chain of political representation, the chain connecting the interests and policy preferences of the people to public policy via political parties, parliament, and government. Most of the chapters assessing the functioning of the chain of political representation and its various links are based on original comparative political research. Comparative research on political representation and its various subfields has developed dramatically over the last decades so that even ten years ago a Handbook like this would have looked totally different.
| Author | : Johan van Der Walt |
| Publisher | : Routledge |
| Total Pages | : 289 |
| Release | : 2019-09-12 |
| Genre | : History |
| ISBN | : 0429594704 |
This book develops a historical concept of liberal democratic law through readings of the pivotal twentieth century legal theoretical positions articulated in the work of Herbert Hart, Ronald Dworkin, Duncan Kennedy, Rudolf Smend, Hans Kelsen and Carl Schmitt. It assesses the jurisprudential projects and positions of these theorists against the background of a long history of European metaphysics from which the modern concept of liberal democratic law emerged. Two key narratives are central to this history of European political and legal metaphysics. Both concern the historical development of the concept of nomos that emerged in early Greek legal and political thought. The first concerns the history of philosophical reflection on the epistemological and ontological status of legal concepts that runs from Plato to Hobbes (the realist-nominalist debate as it became known later). The second concerns the history of philosophical and political discourses on law, sovereignty and justice that starts with the nomos-physis debate in fifth century Athens and runs through medieval, modern and twentieth century conceptualisations of the relationship between law and power. Methodologically, the reading of the legal theoretical positions of Hart, Dworkin, Kennedy, Smend, Kelsen and Schmitt articulated in this book is presented as a distillation process that extracts the pure elements of liberal democratic law from the metaphysical narratives that not only cradled it, but also smothered and distorted its essential aspirations. Drawing together key insights from across the fields of jurisprudence and philosophy, this book offers an important and original re-articulation of the concept of democratic law.
| Author | : Max Meyer |
| Publisher | : Springer Nature |
| Total Pages | : 77 |
| Release | : 2020-01-01 |
| Genre | : Comparative government |
| ISBN | : 3030474089 |
This open access book aims to show which factors have been decisive in the rise of successful countries. Never before have so many people been so well off. However, prosperity is not a law of nature; it has to be worked for. A liberal economy stands at the forefront of this success - not as a political system, but as a set of economic rules promoting competition, which in turn leads to innovation, research and enormous productivity. Sustainable prosperity is built on a foundation of freedom, equal opportunity and a functioning government. This requires a stable democracy that cannot be defeated by an autocrat. Autocrats claim that "illiberalism" is more efficient, an assertion that justifies their own power. Although autocrats can efficiently guide the first steps out of poverty, once a certain level of prosperity has been achieved, people begin to demand a sense of well-being - freedom and codetermination. Only when this is possible will they feel comfortable, and progress will continue. Respect for human rights is crucial. The rules of the free market do not lean to either the right or left politically. Liberalism and the welfare state are not mutually exclusive. The "conflict" concerns the amount of government intervention. Should there be more or less? As a lawyer, entrepreneur, and board member with over 40 years of experience in this field of conflict, the author clearly describes the conditions necessary for a country to maintain its position at the top.
