Republican Legal Theory
Download Republican Legal Theory full books in PDF, epub, and Kindle. Read online free Republican Legal Theory ebook anywhere anytime directly on your device. Fast Download speed and no annoying ads. We cannot guarantee that every ebooks is available!
Author | : M. Sellers |
Publisher | : Springer |
Total Pages | : 211 |
Release | : 2003-09-07 |
Genre | : Political Science |
ISBN | : 0230513409 |
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.
Author | : Samantha Besson |
Publisher | : Oxford University Press |
Total Pages | : 364 |
Release | : 2009-03-26 |
Genre | : Law |
ISBN | : 0199559163 |
Interest in republicanism as a political theory has burgeoned in recent years, but its implications for the understanding of law have remained largely unexplored. Legal Republicanism is the first book to offer a comprehensive, critical survey of the potential for creating republican accounts of fundamental issues in law and legal theory. Bringing together contributors with backgrounds in political and legal philosophy, the essays in the volume assess republicanism's historical traditions, conceptual coherence, and normative proposals. The collection offers a valuable insight into new debates taking place in republican political and legal theory. It also analyses potential republican approaches to concrete issues arising in areas of law such as criminal, constitutional and international law. Finally, the book includes comparisons between republican legal traditions and how they react to contemporary challenges. The book will be of value to political and democratic theorists, to legal philosophers and constitutional theorists, and all those interested in the legitimacy of decision-making in national and international settings.
Author | : Philip Pettit |
Publisher | : Cambridge University Press |
Total Pages | : 351 |
Release | : 2012-12-06 |
Genre | : History |
ISBN | : 1107005116 |
A novel, republican theory of the point of democracy, providing a model of the institutions that republican democracy would require.
Author | : Randy E. Barnett |
Publisher | : HarperCollins |
Total Pages | : 226 |
Release | : 2016-04-19 |
Genre | : Political Science |
ISBN | : 0062412302 |
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.
Author | : Andreas Niederberger |
Publisher | : Edinburgh University Press |
Total Pages | : 345 |
Release | : 2015-04-20 |
Genre | : Political Science |
ISBN | : 0748677615 |
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
Author | : Arthur Ripstein |
Publisher | : Harvard University Press |
Total Pages | : 416 |
Release | : 2010-02-15 |
Genre | : Philosophy |
ISBN | : 0674054512 |
In this masterful work, both an illumination of Kant’s thought and an important contribution to contemporary legal and political theory, Arthur Ripstein gives a comprehensive yet accessible account of Kant’s political philosophy. Ripstein shows that Kant’s thought is organized around two central claims: first, that legal institutions are not simply responses to human limitations or circumstances; indeed the requirements of justice can be articulated without recourse to views about human inclinations and vulnerabilities. Second, Kant argues for a distinctive moral principle, which restricts the legitimate use of force to the creation of a system of equal freedom. Ripstein’s description of the unity and philosophical plausibility of this dimension of Kant’s thought will be a revelation to political and legal scholars. In addition to providing a clear and coherent statement of the most misunderstood of Kant’s ideas, Ripstein also shows that Kant’s views remain conceptually powerful and morally appealing today. Ripstein defends the idea of equal freedom by examining several substantive areas of law—private rights, constitutional law, police powers, and punishment—and by demonstrating the compelling advantages of the Kantian framework over competing approaches.
Author | : Robert T. Radford |
Publisher | : BRILL |
Total Pages | : 164 |
Release | : 2022-06-08 |
Genre | : Philosophy |
ISBN | : 9004458646 |
This book presents Cicero's natural law theory, including valuable definitions of the state, the ideal state, the ideal ruler, and the laws for the ideal state. Explanations are offered of the Greek sources of Cicero's republican philosophy, his influence on the Principate of Augustus, and his role in the development of modern political philosophy. As all the ages of the world have not produced a greater statesman and philosopher united than Cicero, his authority should have great weight (John Adams, 1787).
Author | : Stephen Tierney |
Publisher | : OUP Oxford |
Total Pages | : 352 |
Release | : 2012-04-05 |
Genre | : Law |
ISBN | : 0191629081 |
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.
Author | : Johan Willem Gous Van der Walt |
Publisher | : |
Total Pages | : 1028 |
Release | : 1995* |
Genre | : Civil rights |
ISBN | : |
Author | : Iseult Honohan |
Publisher | : Psychology Press |
Total Pages | : 282 |
Release | : 2006 |
Genre | : Philosophy |
ISBN | : 9780415357364 |
This book aims to contribute to current debates on republicanism by examining the relationship between republican theory and practice in a variety of contexts.