PDF The Concept of Liberal Democratic Law (Law and Politics: Continental Perspectives)

Beschreibung The Concept of Liberal Democratic Law (Law and Politics: Continental Perspectives)

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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.

The Concept of Liberal Democratic Law (Law and Politics: Continental Perspectives) PDF ePub

Liberalism, Marxism and Democratic Theory Revisited ~ economic and political democracy in the transition countries of Eastern Europe. Keywords: democratic theory; transition countries; economic democracy Introduction L iberalism and Marxism are two schools of thought which have left deep imprints in political, sociological and economic theory. Both have been very fruitful in il - luminating a wide range of common issues across these fields and .

Liberalism - Wikipedia ~ Liberalism is a political and moral philosophy based on liberty, consent of the governed and equality before the law. Liberals espouse a wide array of views depending on their understanding of these principles, but they generally support free markets, free trade, limited government, individual rights (including civil rights and human rights), capitalism, democracy, secularism, gender equality .

Democracy and Financial Order: Legal Perspectives ~ To fill this lacuna, the book focuses on the controversy surrounding the concept of law, thereby adding another variable to the debate on the relation between democracy and capitalism. Each chapter addresses the concept of law from a particular theoretical angle, be it a full-grown legal theory or an approach in political economy that has a particular view of the law.

Robert Paehlke, Democracy, Bureaucracy, and ~ Democracy and the Claims of Nature: Critical Perspectives for a New Century. Wilson Carey McWilliams , Bob Pepperman Taylor , Bryan G. Norton , Robyn Eckersley , Joe Bowersox , J. Baird Callicott , Catriona Sandilands , John Barry , Andrew Light , Peter S. Wenz , Luis A. Vivanco , Tim Hayward , John O'Neill , Robert Paehlke , Timothy W. Luke , Robert Gottlieb & Charles T. Rubin - 2002 - Rowman .

Chapter 17. Government and Politics – Introduction to ~ Three key elements constitute democracy as a dynamic system: the institutions of democracy (parliament, elections, constitutions, rule of law, etc.), citizenship (the internalized sense of individual dignity, rights, and freedom that accompanies formal membership in the political community), and the public sphere (or open “space” for public debate and deliberation).

by Frederic Bastiat ~ ing the book I was convinced that a liberal-arts education with-out an encounter with Bastiat is incomplete. Reading Bastiat made me keenly aware of all the time wasted, along with the frustrations of going down one blind alley after another, organiz-ing my philosophy of life. The Law did not produce a philosoph-ical conversion for me as much as it created order in my thinking about liberty .

The Law of Peoples — John Rawls / Harvard University Press ~ The Law of Peoples extends the idea of a social contract to the Society of Peoples and lays out the general principles that can and should be accepted as the standard for regulating a society's behavior toward another. In particular, it draws a crucial distinction between basic human rights and the rights of each citizen of a liberal constitutional democracy.

Free Politics Books & eBooks - Download PDF, ePub, Kindle ~ Download Politics Books for FREE. All formats available for PC, Mac, eBook Readers and other mobile devices. Large selection and many more categories to choose from.

Global Politics: How to Use and Apply Theories of ~ Before we come to briefly presenting theories interpreting global politics, we have to make an important digression. We have to think about what we are doing here, and how we are doing it – making sense of global politics. This is related to very general and important questions related to social sciences. Two things have to be made clear .

Home / V-Dem ~ Varieties of Democracy (V-Dem) is a new approach to conceptualizing and measuring democracy. We provide a multidimensional and disaggregated dataset that reflects the complexity of the concept of democracy as a system of rule that goes beyond the simple presence of elections. The V-Dem project distinguishes between five high-level principles of democracy: electoral, liberal, participatory .

Liberalism (international relations) - Wikipedia ~ The role of international law in moderating or constraining state behavior; The effects of liberal norms on international politics, especially relations between liberal states; The role of various types of unions in international politics (relations), such as highly institutionalized alliances (e.g. NATO ), confederations , leagues, federations , and evolving entities like the European Union .

populism / History, Facts, & Examples / Britannica ~ Populism, political program or movement that champions, or claims to champion, the common person, by contrast with a real or perceived elite. It combines elements of the left and the right, opposing large business and financial interests but also frequently being hostile to established socialist and labor parties.

Politics / Princeton University ~ This course will examine traditions of political thought--mostly, but not only, on the Left--which challenge mainstream conceptions of liberal democracy and modern capitalist society. The main focus will be on Marxism, anarchism, feminism, religious radicalism, ecological thought, and critiques of alienation in everyday life. Particular attention is paid to the relationship between political .

Liberal and Republican Conceptions of Citizenship - Oxford ~ This chapter examines what it means to be a citizen within liberal and republican political theories - liberalism as the dominant political philosophy of our time, and republicanism as bringing to the fore a new focus on citizenship. Evolving in different historical contexts, liberalism and republicanism represent alternative perspectives on the problem of politics; they share the value of .

Civics and Citizenship / The Australian Curriculum ~ The Year 9 curriculum builds students’ understanding of Australia’s political system and how it enables change. Students examine the ways political parties, interest groups, media and individuals influence government and decision making processes. They investigate the features and principles of Australia’s court system, including its role in applying and interpreting Australian law .

Legitimacy / government / Britannica ~ Legitimacy, popular acceptance of a government, political regime, or system of governance. The word legitimacy can be interpreted in either a normative way or a “positive” (see positivism) way. The first meaning refers to political philosophy and deals with questions such as: What are the right

Courses / Department of Political Studies ~ Module 3 - The Law and Politics of Armed Conflict (weeks 9-12). In Week 7, students take part in an exclusive seven-day journey (included in your fees) through key sites of interest in the field of international criminal law located in Continental Europe. See the BISC website for more details.

Inclusive Democracy ~ This is the project for direct political democracy, economic democracy (beyond the confines of the market economy and state planning), as well as democracy in the social realm and ecological democracy. In short, Inclusive Democracy is a form of social organisation which re-integrates society with economy, polity and nature. The concept of Inclusive Democracy is derived from a synthesis of two .

Introducing Liberalism in International Relations Theory ~ Download your free copy here. Liberalism is a defining feature of modern democracy, illustrated by the prevalence of the term ‘liberal democracy’ as a way to describe countries with free and fair elections, rule of law and protected civil liberties. However, liberalism – when discussed within the realm of IR theory – has evolved into a distinct entity of its own. Liberalism contains a .

Bruce Ackerman - Wikipedia ~ Bruce Arnold Ackerman (born August 19, 1943) is an American constitutional law scholar. He is a Sterling Professor at Yale Law School.In 2010, he was named by Foreign Policy magazine to its list of top global thinkers. Ackerman was also among the unranked bottom 40 in the 2020 Prospect list of the top 50 thinkers for the COVID-19 era: “[Defenders of liberal democracy] need to swot up on how .

Economic Liberal Theories of Political Economy ~ The liberal state was also expected to define property rights and enforce property law, contract law, and trespass law. No rules for the inheritance or conveyance of property existed in the state of nature; they had to be created by political means.

Political Order and Political Decay: From the Industrial ~ 'Political order and political decay' is, in part, Francis Fukuyama's answer to the question of what constitutes a successfull liberal democracy, or establish 'political order' to use Fukuyama's terminology, which he states consists of three components:- (1) an established state that has legitimacy able to maintain order and provide basic services (2) rule of law, i.e an independent judiciary .

Taking Preferences Seriously: A Liberal Theory of ~ A Liberal Theory of International Politics Andrew Moravcsik This article reformulates liberal international relations (IR) theory in a nonideological and nonutopian form appropriate to empirical social science. Liberal IR theory elaborates the insight that state-society relations—the relationship of states to the domestic and transna-tional social context in which they are embedded—have a .

Political Liberalism (Columbia Classics in Philosophy ~ Here, Rawls tries to improve his argument of "justice as fairness" in "A Theory of Justice" posing it as actually a (one of the most) valid perspective under a political liberalism, in order to ensure equal rights and freedom in a democratic constitutional cooperative society. I would recommend that the first-time interested reader to get a glimpse at "A Theory of justice" (at least the first .

THE COMMON LAW AND CIVIL LAW TRADITIONS ~ The civil law tradition developed in continental Europe at the same time and was applied in the colonies of European impe-rial powers such as Spain and Portugal. Civil law was also adopted in the nineteenth and twentieth centuries by countries formerly possessing distinc-tive legal traditions, such as Russia and Japan, that sought to reform their legal systems in order to gain economic and .