Democratic Experimentalism

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Democratic Experimentalism

Brian E. Butler
Democratic Experimentalism Book PDF

Author : Brian E. Butler
Publisher : Rodopi
Page : 321 pages
File Size : 49,6 Mb
Release : 2013
Category : Philosophy
ISBN : 9789401209267

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Democratic Experimentalism by Brian E. Butler Pdf

This volume focuses on democratic experimentalism, gathering a collection of original and previously unpublished essays focusing upon its major outlines, as well as specific aspects ¿ both promising and troublesome - of this theoretical approach. Together these essays offer conceptions of democracy and democratic governance that emphasize and highlight experimentalist aspects of pragmatic thought, particularly Deweyan pragmatism, and its relationship to instantiation in concrete social and political institutions. Issues of democratic governance, political organization and the relationship of law to democracy are analyzed.

Democracy Realized

Roberto Mangabeira Unger
Democracy Realized Book PDF

Author : Roberto Mangabeira Unger
Publisher : Verso
Page : 324 pages
File Size : 41,7 Mb
Release : 2000-06-17
Category : Political Science
ISBN : 1859840094

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Democracy Realized by Roberto Mangabeira Unger Pdf

Unger gives detailed content to a progressive and practical alternative to neoliberalism and institutionally conservative social democracy in a strategy that has drawn increasing attention throughout the world as well as in his native Brazil.

The Democratic Constitution

Brian E. Butler
The Democratic Constitution Book PDF

Author : Brian E. Butler
Publisher : University of Chicago Press
Page : 258 pages
File Size : 45,9 Mb
Release : 2017-08-21
Category : Law
ISBN : 9780226474649

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The Democratic Constitution by Brian E. Butler Pdf

The Supreme Court is seen today as the ultimate arbiter of the Constitution. Once the Court has spoken, it is the duty of the citizens and their elected officials to abide by its decisions. But the conception of the Supreme Court as the final interpreter of constitutional law took hold only relatively recently. Drawing on the pragmatic ideals characterized by Charles Sanders Peirce, John Dewey, Charles Sabel, and Richard Posner. Brian E. Butler shows how this conception is inherently problematic for a healthy democracy. Butler offers an alternative democratic conception of constitutional law, “democratic experimentalism,” and applies it in a thorough reconstruction of Supreme Court cases across the centuries, such as Brown v. Board of Education, Citizens United v. Federal Election Commission, Lucas v. South Carolina Coastal Council, and Lochner v. New York. In contrast to the traditional tools and conceptions of legal analysis that see the law as a formally unique and separate type of practice, democratic experimentalism combines democratic aims and experimental practice. Butler also suggests other directions jurisprudential roles could take: for example, adjudication could be performed by primary stakeholders with better information. Ultimately, Butler argues persuasively for a move away from the current absolute centrality of courts toward a system of justice that emphasizes local rule and democratic choice.

Pragmatism and the Wide View of Democracy

Roberto Frega
Pragmatism and the Wide View of Democracy Book PDF

Author : Roberto Frega
Publisher : Springer
Page : 427 pages
File Size : 49,5 Mb
Release : 2019-06-22
Category : Philosophy
ISBN : 9783030185619

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Pragmatism and the Wide View of Democracy by Roberto Frega Pdf

The aim of this book is to provide a fresh, wider, and more compelling account of democracy than the one we usually find in conventional contemporary political theory. Telling the story of democracy as a broad societal project rather than as merely a political regime, Frega delivers an account more in tune with our everyday experience and ordinary intuitions, bringing back into political theory the notion that democracy denotes first and foremost a form of society, and only secondarily a specific political regime. The theoretical shift accomplished is major. Claiming that such a view of democracy is capable of replacing the mainstream categories of justice, freedom and non-domination in their hegemonic function of all-encompassing political concepts, Frega then argues for democracy as the broader normative framework within which to rethink the meaning and forms of associated living in all spheres of personal, social, economic, and political life. Drawing on diverse traditions of American pragmatism and critical theory, as well as tackling political issues which are at the core of contemporary theoretical debates, this book invites a rethinking of political theory to one more concerned with the political circumstances of social life, rather than remaining confined in the narrowly circumscribed space of a theory of government.

Deweyan Experimentalism and the Problem of Method in Political Philosophy

Joshua Forstenzer
Deweyan Experimentalism and the Problem of Method in Political Philosophy Book PDF

Author : Joshua Forstenzer
Publisher : Routledge
Page : 259 pages
File Size : 42,5 Mb
Release : 2019-03-13
Category : Philosophy
ISBN : 9781351064446

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Deweyan Experimentalism and the Problem of Method in Political Philosophy by Joshua Forstenzer Pdf

This book proposes a pragmatist methodological framework for generating practically relevant political philosophy. It draws on John Dewey’s social and political philosophy to develop an "experimentalist" method, thus charting a middle course between idealism and realism in political philosophy. Deweyan experimentalism promises to balance civic deliberation, empirical facts, and moral considerations by reconstructing Dewey’s pragmatist conceptions of ‘philosophy’ and ‘democracy’ from the perspective of social action. While some authors have taken the steps to articulate Dewey’s experimentalism, they have focused on institutional rather than methodological implications. This book is original in the ways in which it situates the role of ideas in political practice and contemporary political problems. Additionally, it underlines the similarities between today and the historical context in which Dewey wrote, connects Dewey’s social and political philosophy to Greek and Roman mythology, and concludes with a timely case study in which the author’s methodological insights are applied. The result is a book that offers a focused reconstruction of Dewey’s work and shows its relevance for engaging with contemporary issues in political philosophy and political theory.

Searching for Contemporary Legal Thought

Justin Desautels-Stein,Christopher Tomlins
Searching for Contemporary Legal Thought Book PDF

Author : Justin Desautels-Stein,Christopher Tomlins
Publisher : Cambridge University Press
Page : 0 pages
File Size : 46,8 Mb
Release : 2018-12-13
Category : Law
ISBN : 1316605027

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Searching for Contemporary Legal Thought by Justin Desautels-Stein,Christopher Tomlins Pdf

For more than a century, law schools have trained students to 'think like a lawyer'. In these times of legal crisis, both in legal education and in global society, what does that mean for the rest of us? In this book, thirty leading international scholars - including Louis Assier-Andrieu, Marianne Constable, Yves Dezalay, Denise Ferreira da Silva, Bryant G. Garth, Peter Goodrich, Duncan Kennedy, Martti Koskenniemi, Shaun McVeigh, Samuel Moyn, Annelise Riles, Charles F. Sabel and William H. Simon - examine what is distinctive about legal thought. They probe the relation between law and time, law and culture, and legal thought and legal action; the nature of current legal thought; the geography of legal thought; and the conditions for recognition of a new 'contemporary' style of law. This work will help theorists, social scientists, historians and students understand the intellectual context of legal problems, legal doctrine, and jurisprudential trends in the current conjuncture.

The Constitution of the Environmental Emergency

Jocelyn Stacey
The Constitution of the Environmental Emergency Book PDF

Author : Jocelyn Stacey
Publisher : Bloomsbury Publishing
Page : 283 pages
File Size : 46,8 Mb
Release : 2018-04-19
Category : Law
ISBN : 9781509920280

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The Constitution of the Environmental Emergency by Jocelyn Stacey Pdf

This book argues for a reframing of environmental law. It starts from the premise that all environmental issues confront lawmakers as emergencies. Environmental issues pose a fundamental challenge to law because it is impossible to reliably predict which issues contain the possibility of an emergency and what to do in response to such an unforeseen event. These features undermine the conventional understanding of the rule of law. This book argues that approaching environmental issues from the emergency perspective leads us to an understanding of the rule of law that requires public justification. This requirement recentres the debates in environmental law around the question of why governance under the rule of law is something worth having in the environmental context. It elaborates what the rule of law requires of decision-makers in light of our ever-present vulnerability to catastrophic environmental harm. Controversial, compelling and above all timely, this book presents an important new perspective on environmental law.

Social and Economic Rights in Theory and Practice

Helena Alviar García,Karl Klare,Lucy A. Williams
Social and Economic Rights in Theory and Practice Book PDF

Author : Helena Alviar García,Karl Klare,Lucy A. Williams
Publisher : Routledge
Page : 328 pages
File Size : 46,8 Mb
Release : 2014-09-19
Category : Law
ISBN : 9781317964438

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Social and Economic Rights in Theory and Practice by Helena Alviar García,Karl Klare,Lucy A. Williams Pdf

Since World War II, a growing number of jurisdictions in both the developing and industrialized worlds have adopted progressive constitutions that guarantee social and economic rights (SER) in addition to political and civil rights. Parallel developments have occurred at transnational level with the adoption of treaties that commit signatory states to respect and fulfil SER for their peoples. This book is a product of the International Social and Economic Rights Project (iSERP), a global consortium of judges, lawyers, human rights advocates, and legal academics who critically examine the effectiveness of SER law in promoting real change in people’s lives. The book addresses a range of practical, political, and legal questions under these headings, with acute sensitivity to the racial, cultural, and gender implications of SER and the path-breaking SER jurisprudence now emerging in the "Global South". The book brings together internationally renowned experts in the field of social and economic rights to discuss a range of rights controversies from both theoretical and practical perspectives. Contributors of the book consider specific issues in the litigation and adjudication of SER cases from the differing standpoints of activists, lawyers, and adjudicators in order to identify and address the specific challenges facing the SER community. This book will be of great use and interest to students and scholars of comparative constitutional law, human rights, public international law, development studies, and democratic political theory.

Australian Constitutional Values

Rosalind Dixon
Australian Constitutional Values Book PDF

Author : Rosalind Dixon
Publisher : Bloomsbury Publishing
Page : 304 pages
File Size : 53,8 Mb
Release : 2018-02-08
Category : Law
ISBN : 9781509918423

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Australian Constitutional Values by Rosalind Dixon Pdf

Vigorous debate exists among constitutional scholars as to the appropriate 'modalities' of constitutional argument, and their relative weight. Many scholars, however, argue that one important modality of constitutional argument involves attention to underlying constitutional purposes or 'values'. In Australia, this kind of values-oriented approach has been advocated by leading constitutional scholars, and also finds support in the judgments of the High Court at various times, particularly during the Mason Court era. Much of the scholarly debate on constitutional values to date, however, focuses on whether the Court should in fact look to constitutional values in this way, not the kinds of values the Court should consider, given such an approach. This book responds to this gap in the existing scholarly literature, by inviting a range of leading Australian constitutional lawyers and scholars to address the relevance and scope of various substantive constitutional values, and how they might affect the Court's approach to constitutional interpretation in various contexts. It is essential reading for anyone seeking a deeper understanding of Australia's constitutional system.

Democracy, Law and Governance

Jacques Lenoble,Marc Maesschalck
Democracy Law and Governance Book PDF

Author : Jacques Lenoble,Marc Maesschalck
Publisher : Routledge
Page : 308 pages
File Size : 50,7 Mb
Release : 2016-05-13
Category : Law
ISBN : 9781317153030

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Democracy, Law and Governance by Jacques Lenoble,Marc Maesschalck Pdf

Democracy, Law and Governance details the transformation of the modes of governance of contemporary developed democracies and aims to define the conditions required for promoting public interest in their public policy. Firstly, the volume illustrates why a sound theoretical approach to the concept of law results in opening up the theory of law to the debate on governance in the social sciences. Secondly, it reconstructs the underpinnings of recent debate on governance, focusing on the pragmatist turn that has marked efforts to overcome the inadequacies of both the economic and the deliberative approaches. In fulfilling this second goal, it examines the advances yielded by the pragmatist turn as well as its limitations, and concludes by proposing a theoretical approach for dealing with them. This illuminating book applies recent research in both theory of law and theory of governance to deepen the analytic impact of the recent pragmatist revival.

Network Democracy

Jared Giesbrecht
Network Democracy Book PDF

Author : Jared Giesbrecht
Publisher : McGill-Queen's Press - MQUP
Page : 291 pages
File Size : 46,5 Mb
Release : 2017
Category : Philosophy
ISBN : 9780773548534

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Network Democracy by Jared Giesbrecht Pdf

Network Democracy uses the contemporary tools of ecology and network thinking to unearth the ancient, intellectual ruins of traditional conservative thought. Questioning the West’s veneration of freedom, equality, contractual citizenship, economic progress, cosmopolitanism, secular institutionalism, and reason, Jared Giesbrecht illuminates how these ideals fuel violence and insecurity in our high-speed lives. While the modern age witnesses the rise of a violent conservatism in the form of revolutionary movements enacting terror and vengeance for the interventions of the liberal West, this study reveals a different kind of conservatism - one that has emerged in direct conversation with liberal thought. Giesbrecht highlights the need for intermediate institutions and civil enterprises that form relations and traditions independent of the state in order to develop resistance to the insecurity of the liberal age. This book offers not only a poignant critique, but a constructive and peaceable alternative to the violence of both liberalism and reactionary anti-liberalism. Attuned to the new realities of globalization, advanced technology, and social acceleration, Network Democracy is a masterful hybrid of ancient and cutting-edge political philosophy that casts a new light on the values underlying western civilization.

Democratization and Struggles Against Injustice

Justo Serrano Zamora
Democratization and Struggles Against Injustice Book PDF

Author : Justo Serrano Zamora
Publisher : Rowman & Littlefield
Page : 233 pages
File Size : 51,9 Mb
Release : 2021-07-07
Category : Political Science
ISBN : 9781538151570

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Democratization and Struggles Against Injustice by Justo Serrano Zamora Pdf

In specialized literature as well as in the eyes of regular citizens, social movements are often considered to be actors of democratization. Among other things, social movements criticize existing deficits in democratic systems; they promote practices of deliberation and enact non-hierarchical structures that challenge existing democratic institutions. Very often, these challenges emerge from the context of struggle against unjust situations involving social exclusion, economic inequalities or the violation of fundamental rights. Democratization and Struggles Against Injustice draws on the insights of one of the greatest American philosophers, John Dewey, as well as on some central intuitions of Frankfurt School Critical Theory to account for the connection between the democratic potential of social movements and their capacity to articulate injustice and promote just social relations. Particularly, it develops the idea that this double capacity can be explained by introduction of the pragmatist notion of experimental inquiry into the analysis of the epistemic practices of the mobilized. By introducing pragmatist epistemology to the study of social movements, Democratization and Struggles Against Injustice broadens the possibilities for their emancipatory potential.

Democracy Against Domination

K. Sabeel Rahman
Democracy Against Domination Book PDF

Author : K. Sabeel Rahman
Publisher : Oxford University Press
Page : 257 pages
File Size : 44,6 Mb
Release : 2017
Category : Political Science
ISBN : 9780190468538

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Democracy Against Domination by K. Sabeel Rahman Pdf

In 2008, the collapse of the US financial system plunged the economy into the worst economic downturn since the Great Depression. In its aftermath, the financial crisis pushed to the forefront fundamental moral and institutional questions about how we govern the modern economy. What are the values that economic policy ought to prioritize? What institutions do we trust to govern complex economic dynamics? Much of popular and academic debate revolves around two competing approaches to these fundamental questions: laissez-faire defenses of self-correcting and welfare-enhancing markets on the one hand, and managerialist turns to the role of insulated, expert regulation in mitigating risks and promoting growth on the other. In Democracy Against Domination, K. Sabeel Rahman offers an alternative vision for how we should govern the modern economy in a democratic society. Drawing on a rich tradition of economic reform rooted in the thought and reform politics of early twentieth century progressives like John Dewey and Louis Brandeis, Rahman argues that the fundamental moral challenge of economic governance today is two-fold: first, to counteract the threats of economic domination whether in the form of corporate power or inequitable markets; and second, to do so by expanding the capacity of citizens themselves to exercise real political power in economic policymaking. This normative framework in turn suggests a very different way of understanding and addressing major economic governance issues of the post-crisis era, from the challenge of too-big-to-fail financial firms, to the dangers of regulatory capture and regulatory reform.

Pragmatism, Law, and Language

Graham Hubbs,Douglas Lind
Pragmatism Law and Language Book PDF

Author : Graham Hubbs,Douglas Lind
Publisher : Routledge
Page : 327 pages
File Size : 48,9 Mb
Release : 2013-11-12
Category : Philosophy
ISBN : 9781135086039

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Pragmatism, Law, and Language by Graham Hubbs,Douglas Lind Pdf

This volume puts leading pragmatists in the philosophy of language, including Robert Brandom, in contact with scholars concerned with what pragmatism has come to mean for the law. Each contribution uses the resources of pragmatism to tackle fundamental problems in the philosophy of language, the philosophy of law, and social and political philosophy. In many chapters, the version of pragmatism deployed proves a fruitful approach to its subject matter; in others, shortcomings of the specific brand of pragmatism are revealed. The result is a clearer understanding of what pragmatism has meant and can mean across these tightly related philosophical areas. The book, then, is itself pragmatism in action: it seeks to clarify its unifying concept by examining the practices that centrally involve it.

The Counterinsurgent's Constitution

Ganesh Sitaraman
The Counterinsurgent s Constitution Book PDF

Author : Ganesh Sitaraman
Publisher : Oxford University Press
Page : 345 pages
File Size : 52,5 Mb
Release : 2013
Category : History
ISBN : 9780199930319

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The Counterinsurgent's Constitution by Ganesh Sitaraman Pdf

Since the "surge" in Iraq in 2006, counterinsurgency effectively became America's dominant approach for fighting wars. Yet many of the major controversies and debates surrounding counterinsurgency have turned not on military questions but on legal ones: Who can the military attack with drones? Is the occupation of Iraq legitimate? What tradeoffs should the military make between self-protection and civilian casualties? What is the right framework for negotiating with the Taliban? How can we build the rule of law in Afghanistan? The Counterinsurgent's Constitution tackles this wide range of legal issues from the vantage point of counterinsurgency strategy. Ganesh Sitaraman explains why law matters in counterinsurgency: how it operates on the ground and how law and counterinsurgency strategy can be better integrated. Counterinsurgency, Sitaraman notes, focuses on winning over the population, providing essential services, building political and legal institutions, and fostering economic development. So, unlike in conventional war, where law places humanitarian restraints on combat, law and counterinsurgency are well aligned and reinforce one another. Indeed, following the law and building the rule of law is not just the right thing to do, it is strategically beneficial. Moreover, reconciliation with enemies can both help to end the conflict and preserve the possibility of justice for war crimes. Following the rule of law is an important element of success. The first book on law and counterinsurgency strategy, The Counterinsurgent's Constitution seamlessly integrates law and military strategy to illuminate some of the most pressing issues in warfare and the transition from war to peace. Its lessons also apply to conflicts in Libya and other hot-spots in the Middle East.