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Author: M. Sellers
Publisher: Springer
ISBN: 0230513409
Category : Political Science
Languages : en
Pages : 200
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Book Description
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: M. Sellers
Publisher: Springer
ISBN: 0230513409
Category : Political Science
Languages : en
Pages : 200
Get Book
Book Description
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: Andreas Niederberger
Publisher: Edinburgh University Press
ISBN: 0748677615
Category : Political Science
Languages : en
Pages : 344
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Book Description
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: Samantha Besson
Publisher: Oxford University Press
ISBN: 0199559163
Category : Law
Languages : en
Pages : 364
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Book Description
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: Randy E. Barnett
Publisher: HarperCollins
ISBN: 0062412302
Category : Political Science
Languages : en
Pages : 320
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Book Description
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: Philip Pettit
Publisher: Cambridge University Press
ISBN: 1107005116
Category : History
Languages : en
Pages : 351
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Book Description
A novel, republican theory of the point of democracy, providing a model of the institutions that republican democracy would require.
Author: Cass R. Sunstein
Publisher: Harvard University Press
ISBN: 9780674654792
Category : Law
Languages : en
Pages : 432
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Book Description
Sunstein (jurisprudence, political science, U. of Chicago) asserts that, as it is currently interpreted, the Constitution is biased. He points to two contemporary mistakes: that Constitutional law posits the status quo as neutral and just (which, he argues, is not the case); and that the meaning of the Constitution is increasingly solely within the purview of the Supreme Court (which, he argues, is not what the founders intended.) Annotation copyright by Book News, Inc., Portland, OR
Author: Stephen Tierney
Publisher: OUP Oxford
ISBN: 0191629081
Category : Law
Languages : en
Pages : 352
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Book Description
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: M. Sellers
Publisher: Springer
ISBN: 0230505295
Category : Political Science
Languages : en
Pages : 266
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Book Description
Republican Principles in International Law considers the fundamental requirements of a just world order, as applied to public international law. This book sets the standard for legitimate government, both within and beyond the jurisdiction of separate states and nations.
Author: Jane J. Mansbridge
Publisher: University of Chicago Press
ISBN: 0226503550
Category : Political Science
Languages : en
Pages : 412
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Book Description
"Beyond Adversary Democracy should be read by everyone concerned with democratic theory and practice."—Carol Pateman, Politics "Sociologists recurrently complain about how seldom it is that we produce books that combine serious theorizing about important issues of public policy with original and sensitive field research. Several rounds of enthusiastic applause, then, are due Jane Mansbridge . . . for having produced a dense and well written book whose subject is nothing less ambitious than the theory of democracy and its problems of equality, solidarity, and consensus. Beyond Adversary Democracy, however, is not simply a work of political theory; Mansbridge explores her abstract subject matter by close studies (using ethnographic, documentary, and questionnaire methods) of two small actual democracies operating at their most elemental American levels (1) a New England town meeting ("Selby," Vermont) and (2) an urban crisis center ("Helpline"), whose 41 employees shared a New Left-Counterculture belief in participatory democracy and consensual decision-making. [Mansbridge] is a force to contend with. It is in our common interest that she be widely read."—Bennett M. Berger, Contemporary Sociology
Author: M. Sellers
Publisher: Springer
ISBN: 0230371817
Category : Philosophy
Languages : en
Pages : 206
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Book Description
This book describes the origins of the concept of liberty in the legal and political thought of Rome, Italy, England, France and the United States of America. Professor Sellers traces the development of liberty and republican government over two centuries of European history, in association with liberal ideas. This study reveals republicanism as the parent of liberalism in modern law and politics, and demonstrates the continuing value of republican ideas in securing the liberty of contemporary states and their citizens.
