Rousseau S Constitutionalism

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Rousseau's Constitutionalism

Author : Eoin Daly
Publisher : Bloomsbury Publishing
Page : 192 pages
File Size : 49,9 Mb
Release : 2017-06-29
Category : Law
ISBN : 9781509903498

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Rousseau's Constitutionalism by Eoin Daly Pdf

Despite Rousseau's legacy to political thought, his contribution as a constitutional theorist is underexplored. Drawing on his constitutional designs for Corsica and Poland, this book argues that Rousseau's constitutionalism is defined chiefly by its socially directive character. His constitutional projects are not aimed, primarily, at coordinating and containing state power in the familiar liberal-democratic sense. Instead, they are aimed at fostering the social conditions in which a fuller sense of freedom – understood broadly as non-domination – can be realised across all social domains. And in turn, since Rousseau views domination as being deeply embedded in complex social practices, his constitutionalism is aimed at fostering a radical austerity – social, economic and cultural – as its foil. In locating Rousseau's constitutional projects within his social and political theory of servitude and domination, this book will challenge the predominant focus and orientation of contemporary republican theory. Leading republican thinkers have drawn on the historical republican canon to articulate a model of constitutionalism which is, on the whole, 'liberal' in focus and orientation. This book will argue that the more communitarian orientation of Rousseau's constitutionalism – that is, its socially-directive focus – stems from a sophisticated and compelling account of the sources of unfreedom in complex societies, sources which are ignored or downplayed by the neo-republican literature. Rousseau embraces a communitarian social politics as part of his constitutional project precisely because, pessimistically, he views domination as being deeply embedded in the social relations of the liberal order.

The Political Philosophy of Jean-Jacques Rousseau

Author : Mads Qvortrup
Publisher : Manchester University Press
Page : 162 pages
File Size : 55,7 Mb
Release : 2003
Category : History
ISBN : 071906581X

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The Political Philosophy of Jean-Jacques Rousseau by Mads Qvortrup Pdf

This title presents an overview of Rousseau's work from a political science perspective. Was the great theorist of the French Revolution really a conservative? The text argues that the author of 'The Social Contract' was a constitutionalist closer to Montesquieu and Locke than to revolutionaries.

Constitutionalism

Author : Alan S. Rosenbaum
Publisher : Praeger
Page : 290 pages
File Size : 52,9 Mb
Release : 1988-09-02
Category : Law
ISBN : UOM:39015014389111

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Constitutionalism by Alan S. Rosenbaum Pdf

An excellent sampling of current thinking in the theory and practice of constitutionalism. Each essay was written specifically for this volume by well-known legal and political philosophers. . . . All in all, a first-rate and provocative example of contemporary philosophical concerns. Choice In our constitutional democracy, the dissent and conflict that are the inevitable consequence of free political dialogue point to the importance of reexamining the philosophical premises on which our conceptions of society and government are based. This volume of original essays reviews the foundations of constitutionalism in classical liberal thought and looks at contemporary philosophical perspectives on a wide range of constitutional issues. Written by a distinguished group of philosophers and constitutional scholars, it provides a deeper understanding of the U.S. Constitution as a political instrument and examines the idea of constitutionalism as it functions in our modern world.

The Political Philosophy of Jean-Jacques Rousseau

Author : Matt Qvortrup
Publisher : Manchester University Press
Page : 162 pages
File Size : 43,6 Mb
Release : 2013-07-19
Category : Philosophy
ISBN : 9781847795823

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The Political Philosophy of Jean-Jacques Rousseau by Matt Qvortrup Pdf

This electronic version has been made available under a Creative Commons (BY-NC-ND) open access license. This exciting new text presents the first overview of Jean Jacques Rousseau's work from a political science perspective. Was Rousseau--the great theorist of the French Revolution--really a conservative? This original study argues that the he was a constitutionalist much closer to Madison, Montesquieu, and Locke than to revolutionaries. Outlining his profound opposition to Godless materialism and revolutionary change, this book finds parallels between Rousseau and Burke, as well as showing how Rousseau developed the first modern theory of nationalism. The book presents an integrated political analysis of Rousseau's educational, ethical, religious and political writings, and will be essential reading for students of politics, philosophy and the history of ideas.

Deliberative Democracy and the Institutions of Judicial Review

Author : Christopher F. Zurn
Publisher : Cambridge University Press
Page : 14 pages
File Size : 49,7 Mb
Release : 2007-03-26
Category : Philosophy
ISBN : 9781139464383

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Deliberative Democracy and the Institutions of Judicial Review by Christopher F. Zurn Pdf

In this book, Christopher F. Zurn shows why a normative theory of deliberative democratic constitutionalism yields the best understanding of the legitimacy of constitutional review. He further argues that this function should be institutionalized in a complex, multi-location structure including not only independent constitutional courts but also legislative and executive self-review that would enable interbranch constitutional dialogue and constitutional amendment through deliberative civic constitutional forums. Drawing on sustained critical analyses of diverse pluralist and deliberative democratic arguments concerning the legitimacy of judicial review, Zurn concludes that constitutional review is necessary to ensure the procedural requirements for legitimate democratic self-rule through deliberative cooperation. Claiming that pure normative theory is not sufficient to settle issues of institutional design, Zurn draws on empirical and comparative research to propose reformed institutions of constitutional review that encourage the development of fundamental law as an ongoing project of democratic deliberation and decision.

Constitutionalism and Democracy

Author : Richard Bellamy
Publisher : Routledge
Page : 622 pages
File Size : 42,5 Mb
Release : 2017-07-05
Category : History
ISBN : 9781351571159

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Constitutionalism and Democracy by Richard Bellamy Pdf

Constitutionalism and democracy have been interpreted as both intimately related and intrinsically opposed. On the one hand constitutions are said to set out the rules of the democratic game, on the other as constraining the power of the demos and their representatives to rule themselves - including by reforming the very processes of democracy itself. Meanwhile, constitutionalists themselves differ on how far any constitution derives its authority from, and should itself be subject to democratic endorsement and interpretation. They also dispute whether constitutions should refer solely to democratic processes, or also define and limit democratic goals. Each of these positions produces a different view of judicial review, the content and advisability of a Bill of Rights and the nature of constitutional politics. These differences are not simply academic positions, but are reflected in the different types of constitutional democracy found in the United States, continental Europe, Britain and many commonwealth countries. The selected essays explore these issues from the perspectives of law, philosophy and political science. A detailed and informative introduction sets them in the context of contemporary debates about constitutionalism.

Constitutionalism and the Separation of Powers

Author : M. J. C. Vile
Publisher : Unknown
Page : 0 pages
File Size : 52,5 Mb
Release : 1998
Category : History
ISBN : 0865971757

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Constitutionalism and the Separation of Powers by M. J. C. Vile Pdf

Vile traces the history of the doctrine from its rise during the English Civil War, through its development in the eighteenth century -- through subsequent political thought and constitution-making in Britain, France, and the United States.

Montesquieu's Comparative Politics and the Spirit of American Constitutionalism

Author : Anne M. Cohler
Publisher : University Press of Kansas
Page : 227 pages
File Size : 41,8 Mb
Release : 2021-10-08
Category : Political Science
ISBN : 9780700631445

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Montesquieu's Comparative Politics and the Spirit of American Constitutionalism by Anne M. Cohler Pdf

“American republicans,” notes Forrest McDonald, “regarded selected doctrines of Montesquieu’s as being virtually on par with Holy Writ.” But exactly how the French jurist’s labyrinthian work, The Spirit of the Laws, with was published in 1748, influenced the eighteenth-century conception of the republic is not well understood by historians or theorists. Anne M. Cohler undertakes to show the importance of Montequieu’s teaching for modern legislation and for modern political prudence generally, with specific reference to his impact on the Federalist and Tocqueville. In so doing, she delineates Montequieu’s contribution to political philosophy and suggests new ways to think about the formation of the American Constitution. To analyze the comparative politics found in the Spirit of the Laws, Cohler focuses on four fundamental principles underlying Montesquieu’s view of government: spirit, moderation, liberty, and legislation. In this endeavor she is guided by the conviction that the philosopher hews to the spirit of the laws rather than to the laws themselves—that is, to internal rather than external principles. Montesquieu, in Cohler’s argument, addresses the problem posed by the tendency to see human beings in light o universal abstractions at the expense of particular relationships, distinctions, and forms. To counter this tendency, which can be fostered by religion, Montesquieu develops a theory of prudence designed to support the world of politics an dpolitical life, necessarily an intermediate world occupying a space between universal abstractions and individual particularities. Cohler suggest that the Federalists and Tocqueville were most influenced by this preoccupation with spirit and moderation. James Madison and other Federalists, for example, were not drawn to limited government as a principled notion but rather as a consequence of understanding the context within which a moderate government must act not to become despotic. Similarly, Tocqueville extols democracy as self-government as an antidote to the dangers of democracy as a rule; the character of the governed shapes the nature of the governors. These and other conclusions will prove valuable to intellectual historians, political theorists, and students of religion.

Constitutionalism beyond Liberalism

Author : Michael W. Dowdle,Michael A. Wilkinson
Publisher : Cambridge University Press
Page : 375 pages
File Size : 41,8 Mb
Release : 2017-01-26
Category : Law
ISBN : 9781316943083

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Constitutionalism beyond Liberalism by Michael W. Dowdle,Michael A. Wilkinson Pdf

Constitutionalism beyond Liberalism bridges the gap between comparative constitutional law and constitutional theory. The volume uses the constitutional experience of countries in the global South - China, India, South Africa, Pakistan, Indonesia, and Malaysia - to transcend the liberal conceptions of constitutionalism that currently dominate contemporary comparative constitutional discourse. The alternative conceptions examined include political constitutionalism, societal constitutionalism, state-based (Rousseau-ian) conceptions of constitutionalism, and geopolitical conceptions of constitutionalism. Through these examinations, the volume seeks to expand our appreciation of the human possibilities of constitutionalism, exploring constitutionalism not merely as a restriction on the powers of government, but also as a creating collective political and social possibilities in diverse geographical and historical settings.

Constitutionalism, Identity, Difference, and Legitimacy

Author : Michel Rosenfeld
Publisher : Duke University Press
Page : 452 pages
File Size : 51,8 Mb
Release : 1994
Category : History
ISBN : 0822315165

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Constitutionalism, Identity, Difference, and Legitimacy by Michel Rosenfeld Pdf

The essays in this collection were first presented at an October 1991 conference on comparative constitutionalism under the auspices of the Jacob Burns Institute for Advanced Legal Studies, and the Cardozo-New School Project on Constitutionalism. Essays are organized in sections on the rebirth of constitutionalism, the legitimation of constitution making, the identity of the constitutional subject, the struggle between identity and difference, and the role of property rights. Annotation copyright by Book News, Inc., Portland, OR

Sovereignty in Action

Author : Bas Leijssenaar,Neil Walker
Publisher : Cambridge University Press
Page : 247 pages
File Size : 45,7 Mb
Release : 2019-07-18
Category : History
ISBN : 9781108483513

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Sovereignty in Action by Bas Leijssenaar,Neil Walker Pdf

Sovereignty, originally the figure of 'sovereign', then the state, today meets new challenges of globalization and privatization of power.

The Sleeping Sovereign

Author : Richard Tuck
Publisher : Cambridge University Press
Page : 300 pages
File Size : 46,5 Mb
Release : 2016-02-15
Category : Political Science
ISBN : 9781316425503

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The Sleeping Sovereign by Richard Tuck Pdf

Richard Tuck traces the history of the distinction between sovereignty and government and its relevance to the development of democratic thought. Tuck shows that this was a central issue in the political debates of the seventeenth and eighteenth centuries, and provides a new interpretation of the political thought of Bodin, Hobbes and Rousseau. Integrating legal theory and the history of political thought, he also provides one of the first modern histories of the constitutional referendum, and shows the importance of the United States in the history of the referendum. The book derives from the John Robert Seeley Lectures delivered by Richard Tuck at the University of Cambridge in 2012, and will appeal to students and scholars of the history of ideas, political theory and political philosophy.

Christianity and Human Rights

Author : John Witte, Jr,Frank S. Alexander
Publisher : Cambridge University Press
Page : 403 pages
File Size : 49,9 Mb
Release : 2010-12-23
Category : Religion
ISBN : 9781139494113

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Christianity and Human Rights by John Witte, Jr,Frank S. Alexander Pdf

Combining Jewish, Greek, and Roman teachings with the radical new teachings of Christ and St. Paul, Christianity helped to cultivate the cardinal ideas of dignity, equality, liberty and democracy that ground the modern human rights paradigm. Christianity also helped shape the law of public, private, penal, and procedural rights that anchor modern legal systems in the West and beyond. This collection of essays explores these Christian contributions to human rights through the perspectives of jurisprudence, theology, philosophy and history, and Christian contributions to the special rights claims of women, children, nature and the environment. The authors also address the church's own problems and failings with maintaining human rights ideals. With contributions from leading scholars, including a foreword by Archbishop Desmond Tutu, this book provides an authoritative treatment of how Christianity shaped human rights in the past, and how Christianity and human rights continue to challenge each other in modern times.

POLITICAL WRITINGS OF JEAN JACQUES ROUSSEAU,

Author : JEAN JACQUES. ROUSSEAU
Publisher : Unknown
Page : 0 pages
File Size : 49,5 Mb
Release : 2018
Category : Electronic
ISBN : 1033771708

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POLITICAL WRITINGS OF JEAN JACQUES ROUSSEAU, by JEAN JACQUES. ROUSSEAU Pdf

Tyranny and Revolution

Author : Waller R. Newell
Publisher : Cambridge University Press
Page : 375 pages
File Size : 44,5 Mb
Release : 2022-05-19
Category : Philosophy
ISBN : 9781108424301

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Tyranny and Revolution by Waller R. Newell Pdf

The Philosophy of Freedom from Rousseau to Heidegger transformed political thought, feeding catastrophic revolution, tyranny and genocide.