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Democratic Transgressions of Law

2010-01-25 Social Science
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Release : 2010-01-25
Genre : Social Science
Kind : eBook
Book Rating : 376/5 ( reviews)

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Book Synopsis Democratic Transgressions of Law by :

Download or read book Democratic Transgressions of Law written by . This book was released on 2010-01-25. Available in PDF, EPUB and Kindle. Book excerpt: Participation of concerned actors and the public is a central element in the legal regulation of science and technology. In constitutional democracy, these participatory forms are governed by the rule of law. The volume critically examines participatory governance in this realm and makes suggestions with respect to further institutional and political-cultural developments. It assembles contributions of a broad interdisciplinary range within a comparative research programme, opening the black box of participatory governance in legal procedure. The contributions are the result of almost a decade of fruitful discussion between he authors. They also demonstrate the potential of a cross-disciplinary approach that stretches from sociology, via political science and jurisprudence to hermeneutics, linguistics and conversation analysis. Contributors are Gabriele Abels, Matthias Baier, Alfons Bora, Elena Collavin, Heiko Hausendorf, Zsuzsanna Iványi, András Kertész, Les Levidow, Kornélia Marinecz, Peter Münte, Patrick O’Mahony, Giuseppe Pellegrini, and Henrik Rahm.

Democracy and the Rule of Law

2003-07-21 Law
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Release : 2003-07-21
Genre : Law
Kind : eBook
Book Rating : 662/5 ( reviews)

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Book Synopsis Democracy and the Rule of Law by : Adam Przeworski

Download or read book Democracy and the Rule of Law written by Adam Przeworski. This book was released on 2003-07-21. Available in PDF, EPUB and Kindle. Book excerpt: This book addresses the question of why governments sometimes follow the law and other times choose to evade the law. The traditional answer of jurists has been that laws have an autonomous causal efficacy: law rules when actions follow anterior norms; the relation between laws and actions is one of obedience, obligation, or compliance. Contrary to this conception, the authors defend a positive interpretation where the rule of law results from the strategic choices of relevant actors. Rule of law is just one possible outcome in which political actors process their conflicts using whatever resources they can muster: only when these actors seek to resolve their conflicts by recourse to la, does law rule. What distinguishes 'rule-of-law' as an institutional equilibrium from 'rule-by-law' is the distribution of power. The former emerges when no one group is strong enough to dominate the others and when the many use institutions to promote their interest.

Laws of Transgression

2022-03-31 Law
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Release : 2022-03-31
Genre : Law
Kind : eBook
Book Rating : 827/5 ( reviews)

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Book Synopsis Laws of Transgression by : Peter Goodrich

Download or read book Laws of Transgression written by Peter Goodrich. This book was released on 2022-03-31. Available in PDF, EPUB and Kindle. Book excerpt: Laws of Transgression offers multiple perspectives on the story of Daniel Paul Schreber (1842–1911), a chamber president of the German Supreme Court who was institutionalized after claiming God had communicated with him, desiring to make him into a woman. Schreber was not only a successful judge, but was also to become the author of one of the most commented upon texts in psychiatric literature, Memoirs of My Nervous Illness. Published in 1903, this remarkable work documented Schreber’s visions, desires, jurisprudence, and theology. Far from ending the judge’s legal investments, it manifested an intensification of engagement with the law in the attempt to prove that becoming a woman did not deprive the judge of legal competence. Schreber’s experience of bodily change and his account of interior life has been the subject of more than a century of psychoanalytic and medical scrutiny. With the contemporary trans turn, interest in the judge’s desire to become a woman has intensified. In Laws of Transgression, Peter Goodrich, Katrin Trüstedt, and contributing authors set out to unfold Schreber’s complex relation to the law. The collection revisits and rediscovers the Memoirs, not only in its juridical and political implications, but as a transgressional text that has challenged law and heteronormativity.

The Constitution of Equality

2010-06-10 Political Science
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Release : 2010-06-10
Genre : Political Science
Kind : eBook
Book Rating : 916/5 ( reviews)

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Book Synopsis The Constitution of Equality by : Thomas Christiano

Download or read book The Constitution of Equality written by Thomas Christiano. This book was released on 2010-06-10. Available in PDF, EPUB and Kindle. Book excerpt: What is the ethical basis of democracy? And what reasons do we have to go along with democratic decisions even when we disagree with them? And when do we have reason to say that we may justly ignore democratic decisions? These questions must be answered if we are to have answers to some of the most important questions facing our global community, which include whether there is a human right to democracy and whether we must attempt to spread democracy throughout the globe. This book provides a philosophical account of the moral foundations of democracy and of liberalism. It shows how democracy and basic liberal rights are grounded in the principle of public equality, which tells us that in the establishment of law and policy we must treat persons as equals in ways they can see are treating them as equals. The principle of public equality is shown to be the fundamental principle of social justice. This account enables us to understand the nature and roles of adversarial politics and public deliberation in political life. It gives an account of the grounds of the authority of democracy. It also shows when the authority of democracy runs out. The author shows how the violations of democratic and liberal rights are beyond the legitimate authority of democracy, how the creation of persistent minorities in a democratic society, and the failure to ensure a basic minimum for all persons weaken the legitimate authority of democracy.

Overruling Democracy

2004 Political questions and judicial power
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Release : 2004
Genre : Political questions and judicial power
Kind : eBook
Book Rating : 951/5 ( reviews)

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Book Synopsis Overruling Democracy by : Jamin B. Raskin

Download or read book Overruling Democracy written by Jamin B. Raskin. This book was released on 2004. Available in PDF, EPUB and Kindle. Book excerpt: The current five-vote majority on the Supreme Court may be the most divisive, anti-democratic court in American history. Overruling Democracy disputes the majority's awful rulings on third parties, race, high schools and corporations.

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