Beyond Constitutionalism

Beyond Constitutionalism
Author: Nico Krisch
Publisher: Oxford University Press, USA
Total Pages: 383
Release: 2010-10-28
Genre: Law
ISBN: 0199228310

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
Author: Victor M. Muniz-Fraticelli
Publisher: Oxford University Press (UK)
Total Pages: 289
Release: 2014-02
Genre: Law
ISBN: 0199673888

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
Author: Victor M. Muniz-Fraticelli
Publisher: OUP Oxford
Total Pages: 289
Release: 2014-02-27
Genre: Law
ISBN: 0191655651

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
Author: Stephanie Ruphy
Publisher: University of Pittsburgh Press
Total Pages: 252
Release: 2016-12-23
Genre: Science
ISBN: 082298153X

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
Author: George Crowder
Publisher: A&C Black
Total Pages: 289
Release: 2002-04-30
Genre: Political Science
ISBN: 0826450482

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
Author: Paul Schiff Berman
Publisher: Oxford University Press, USA
Total Pages: 1133
Release: 2020-09-24
Genre: Law
ISBN: 0197516742

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

Pluralism and American Public Education

Pluralism and American Public Education
Author: Ashley Rogers Berner
Publisher: Springer
Total Pages: 191
Release: 2016-11-11
Genre: Education
ISBN: 113750224X

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
Author: Richard Boyd
Publisher: Applications of Political Theory
Total Pages: 374
Release: 2004
Genre: History
ISBN:

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.

Global Legal Pluralism

Global Legal Pluralism
Author: Paul Schiff Berman
Publisher: Cambridge University Press
Total Pages: 357
Release: 2012-02-27
Genre: Law
ISBN: 1107376912

We live in a world of legal pluralism, where a single act or actor is potentially regulated by multiple legal or quasi-legal regimes imposed by state, substate, transnational, supranational and nonstate communities. Navigating these spheres of complex overlapping legal authority is confusing and we cannot expect territorial borders to solve all these problems. At the same time, those hoping to create one universal set of legal rules are also likely to be disappointed by the sheer variety of human communities and interests. Instead, we need an alternative jurisprudence, one that seeks to create or preserve spaces for productive interaction among multiple, overlapping legal systems by developing procedural mechanisms, institutions and practices that aim to manage, without eliminating, the legal pluralism we see around us. Global Legal Pluralism provides a broad synthesis across a variety of legal doctrines and academic disciplines and offers a novel conceptualization of law and globalization.