Автор: Jerry L. Mashaw Название: Reasoned Administration and Democratic Legitimacy: How Administrative Law Supports Democratic Government ISBN: 1108421008 ISBN-13(EAN): 9781108421003 Издательство: Cambridge Academ Рейтинг: Цена: 88710.00 T Наличие на складе: Есть у поставщика Поставка под заказ. Описание: Modern government is administrative government. This book provides anyone with an interest in politics, law or public administration with a detailed account of how administrative governance works and how administrative law`s emphasis on reason giving protects both respect for individual autonomy, the rule of law, and democratic legitimacy.
Автор: Van Der Walt, Johan Название: Concept of liberal democratic law ISBN: 0367181819 ISBN-13(EAN): 9780367181819 Издательство: Taylor&Francis Рейтинг: Цена: 40820.00 T Наличие на складе: Есть у поставщика Поставка под заказ. Описание: 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.
Автор: Harris Edward M. Название: Rule of Law in Action in Democratic Athens ISBN: 0199899169 ISBN-13(EAN): 9780199899166 Издательство: Oxford Academ Рейтинг: Цена: 72870.00 T Наличие на складе: Есть у поставщика Поставка под заказ. Описание: The Law in Action in Democratic Athens is the first extensive study of the importance of the rule of law in Athenian democracy.
Автор: Gagarin Michael Название: Democratic Law in Classical Athens ISBN: 1477320377 ISBN-13(EAN): 9781477320372 Издательство: Mare Nostrum (Eurospan) Рейтинг: Цена: 37620.00 T Наличие на складе: Нет в наличии. Описание:
The democratic legal system created by the Athenians was completely controlled by ordinary citizens, with no judges, lawyers, or jurists involved. It placed great importance on the litigants’ rhetorical performances. Did this make it nothing more than a rhetorical contest judged by largely uneducated citizens that had nothing to do with law, a criticism that some, including Plato, have made?
Michael Gagarin argues to the contrary, contending that the Athenians both controlled litigants’ performances and incorporated many other unusual features into their legal system, including rules for interrogating slaves and swearing an oath. The Athenians, Gagarin shows, adhered to the law as they understood it, which was a set of principles more flexible than our current understanding allows. The Athenians also insisted that their legal system serve the ends of justice and benefit the city and its people. In this way, the law ultimately satisfied most Athenians and probably produced just results as often as modern legal systems do. Comprehensive and wide-ranging, Democratic Law in Classical Athens offers a new perspective for viewing a legal system that was democratic in a way only the Athenians could achieve.
Автор: Dren Doli Название: The International Element, Statehood and Democratic Nation-building ISBN: 3030059944 ISBN-13(EAN): 9783030059941 Издательство: Springer Рейтинг: Цена: 111790.00 T Наличие на складе: Есть у поставщика Поставка под заказ. Описание: This book represents a unique endeavor to elucidate the story of Kosovo’s unilateral quest for statehood. It is an inquiry into the international legal aspects and processes that shaped and surrounded the creation of the state of Kosovo. Being created outside the post-colonial context, Kosovo offers a unique yet controversial example of state emergence both in the theory and practice of creation of states. Accordingly, the book investigates the legal pathways, strategies, developments and policy positions of international agencies/actors and regional players (in particular the EU) that helped Kosovo to establish its independence and gradually acquire statehood. Although contested, Kosovo, and its quest for statehood, represents a unique example of successful unilateral secession. The book therefore explores and analyses patterns of state formation and nation-building in Kosovo, and its transition to democracy. It presents a three-level assessment. First, seen from a historical perspective, the book examines the validity of the right of Kosovar-Albanians to self-determination and remedial secession. Second, from a legal positivist perspective, it scrutinizes all of the legalist arguments that support Kosovo’s right to statehood, and claims that both traditional and legality-based criteria for statehood remain insufficient to determine whether Kosovo has achieved statehood. Third, from a post-factum perspective, the book analyzes the scope and extent to which the internationally blended element was decisive in Kosovo’s state-formation and state-building processes. It explains how the EU’s involvement as an ‘internationally blended element’ in Kosovo’s efforts to achieve statehood was instrumental and played a crucial role in shaping the emerging state. In particular, the book elaborates on how the EU was able to streamline its mode of intervention in the context of state-building and reform.
Автор: Stefan Huygebaert; Angela Condello; Sarah Marusek; Название: Sensing the Nation`s Law ISBN: 3030092461 ISBN-13(EAN): 9783030092467 Издательство: Springer Рейтинг: Цена: 107130.00 T Наличие на складе: Есть у поставщика Поставка под заказ. Описание:
This book examines how the nation – and its (fundamental) law – are ‘sensed’ by way of various aesthetic forms from the age of revolution up until our age of contested democratic legitimacy. Contemporary democratic legitimacy is tied, among other things, to consent, to representation, to the identity of ruler and ruled, and, of course, to legality and the legal forms through which democracy is structured. This book expands the ways in which we can understand and appreciate democratic legitimacy. If (democratic) communities are “imagined” this book suggests that their “rightfulness” must be “sensed” – analogously to the need for justice not only to be done, but to be seen to be done. This book brings together legal, historical and philosophical perspectives on the representation and iconography of the nation in the European, North American and Australian contexts from contributors in law, political science, history, art history and philosophy.
Автор: Irena Rosenthal Название: Democracy and Ontology: Agonism between Political Liberalism, Foucault and Psychoanalysis ISBN: 1509938281 ISBN-13(EAN): 9781509938285 Издательство: Bloomsbury Academic Рейтинг: Цена: 36950.00 T Наличие на складе: Есть у поставщика Поставка под заказ. Описание: This book investigates the relationship between liberal democracies and ontology, that is, philosophical claims about the constitution of agents and the social world. Many philosophers argue that ontology needs to be avoided in political and legal philosophy. In fact, political liberalism, a highly influential paradigm founded by the philosopher John Rawls, makes the avoidance of ontology a core ambition of its ‘political, non-metaphysical’ programme. In contrast to political liberalism, this book argues that attending to ontological disputes is essential to political and legal philosophy. Illuminating, criticising and developing ontological arguments does not only enhance our understanding of justice, but also highlights key features of democratic citizenship. The argument is built up by bringing together three traditions of thought that have so far not been confronted with one another: political liberalism, the work of Michel Foucault, and the psychoanalytic theories of Sigmund Freud and Donald Winnicott. The book also investigates more concrete implications of ontological disputes by drawing on several case studies: a Dutch political-legal debate about greeting rituals; an American conflict about the legalisation of religious freedom; and the struggles for resilience of two American social movement groups.
The unicycle provides a singular image of balance and impending peril, lifted by whimsy for the weighty subject of this book. All the evidence of experimental science confirms that nature is asymmetric. No pure symmetry has ever been found. What does it mean to live in an asymmetric environment?
Unicycle introduces the logic of asymmetric change to interpret the evidence, while showing how our symmetry-based math has failed to grasp a vital ethical connection between humanity and the environment. The observation that nature is asymmetric allows us to introduce reasoning that is as organized as the logic of symmetries currently in use, by using symmetry as a foil in a proof by contradiction. One result is the discovery that nature, the universe, does indeed have a non-random sense of direction with vital ethical consequences.
Humans are drawn addictively to pure symmetry in the form of absolutes, like moths to the flame, or in this case -- like fools to the unicycle. The more extreme the instability, the greater the requirement for balance. There is a Tao-like polarity where neither pure chaos nor absolute order can exist. The more monocultural we become, the more we need to reach out for balance, as though we are bound for chaos. We must learn to navigate the River of Asymmetry.
A key finding is that symmetry and asymmetry are mutually exclusive. That nature's asymmetry is a creative continuum that cannot be stopped with absolute finality. That what connects us is more profound than the differences that divide us. Nature's asymmetry is multifarious and fundamentally inclusive. This provides the ethical basis for a democratic society and a fresh understanding of natural law.
Economic value is nature-based -- not confined to the prices of an easily distracted market. We are not to be valued by what we are paid. Business cycles can be balanced with cultural change.
The reasoning is elucidated with an interdisciplinary narrative fiction, including mythological tales. The stories gain a realism of their own through the deductions. Nature comes to life, along with the characters as they work on the book by a river in Maine -- discovering Mother Nature's moral compass.
Автор: Ashutosh Bhagwat Название: Our Democratic First Amendment ISBN: 1108484808 ISBN-13(EAN): 9781108484800 Издательство: Cambridge Academ Рейтинг: Цена: 86590.00 T Наличие на складе: Поставка под заказ. Описание: Readers interested in constitutional history, law, and politics will enjoy this engaging examination of the origins of the First Amendment and its relationship to democracy. Illuminating lessons from the conflicts of the Framing era, Bhagwat provides a deeper context for understanding contemporary politics in the age of social media.
Автор: Ashutosh Bhagwat Название: Our Democratic First Amendment ISBN: 1108723675 ISBN-13(EAN): 9781108723671 Издательство: Cambridge Academ Рейтинг: Цена: 29570.00 T Наличие на складе: Есть у поставщика Поставка под заказ. Описание: Readers interested in constitutional history, law, and politics will enjoy this engaging examination of the origins of the First Amendment and its relationship to democracy. Illuminating lessons from the conflicts of the Framing era, Bhagwat provides a deeper context for understanding contemporary politics in the age of social media.
Автор: Grover Sonja C. Название: Judicial Activism and the Democratic Rule of Law: Selected Case Studies ISBN: 3030350878 ISBN-13(EAN): 9783030350871 Издательство: Springer Цена: 130430.00 T Наличие на складе: Есть у поставщика Поставка под заказ. Описание: In this book the author argues that judicial activism in respect of the protection of human rights and dignity and the right to due process is an essential element of the democratic rule of law in a constitutional democracy as opposed to being `judicial overreach`.
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