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Author: Harold Hongju Koh Publisher: Yale University Press ISBN: 0300128738 Category : Political Science Languages : en Pages : 326
Book Description
In this important collection of writings, leading legal and political thinkers address a wide array of issues that confront societies undergoing a transition to democratic rule. Bridging the gap between theory and practice in international human rights law and policy, the contributors continue discussions that were begun with the late Argentine philosopher-lawyer Carlos Santiago Nino, then extend those conversations in new directions inspired by their own and Nino's work. The book focuses on some of the key questions that confront the international human rights movement today. What is the moral justification for the concept and content of universal human rights? What is the relationship among nation-building, constitutionalism, and democracy? What are the political implications for a conception of universal human rights? What is the relationship between moral principles and political practice? How should a society confront what Kant called radical evil? And how does a successor regime justly and practically hold a prior regime accountable for gross violations of human rights?
Author: Harold Hongju Koh Publisher: Yale University Press ISBN: 0300128738 Category : Political Science Languages : en Pages : 326
Book Description
In this important collection of writings, leading legal and political thinkers address a wide array of issues that confront societies undergoing a transition to democratic rule. Bridging the gap between theory and practice in international human rights law and policy, the contributors continue discussions that were begun with the late Argentine philosopher-lawyer Carlos Santiago Nino, then extend those conversations in new directions inspired by their own and Nino's work. The book focuses on some of the key questions that confront the international human rights movement today. What is the moral justification for the concept and content of universal human rights? What is the relationship among nation-building, constitutionalism, and democracy? What are the political implications for a conception of universal human rights? What is the relationship between moral principles and political practice? How should a society confront what Kant called radical evil? And how does a successor regime justly and practically hold a prior regime accountable for gross violations of human rights?
Author: Ron Levy Publisher: Routledge ISBN: 1134502060 Category : Law Languages : en Pages : 271
Book Description
Laws have colonised most of the corners of political practice, and now substantially determine the process and even the product of democracy. Yet analysis of these laws of politics has been hobbled by a limited set of theories about politics. Largely absent is the perspective of deliberative democracy – a rising theme in political studies that seeks a more rational, cooperative, informed, and truly democratic politics. Legal and political scholarship often view each other in reductive terms. This book breaks through such caricatures to provide the first full-length examination of whether and how the law of politics can match deliberative democratic ideals. Essential reading for those interested in either law or politics, the book presents a challenging critique of laws governing electoral politics in the English-speaking world. Judges often act as spoilers, vetoing or naively reshaping schemes meant to enhance deliberation. This pattern testifies to deliberation’s weak penetration into legal consciousness. It is also a fault of deliberative democracy scholarship itself, which says little about how deliberation connects with the actual practice of law. Superficially, the law of politics and deliberative democracy appear starkly incompatible. Yet, after laying out this critique, The Law of Deliberative Democracy considers prospects for reform. The book contends that the conflict between law and public deliberation is not inevitable: it results from judicial and legislative choices. An extended, original analysis demonstrates how lawyers and deliberativists can engage with each other to bridge their two solitudes.
Author: Arabella Lyon Publisher: Penn State Press ISBN: 0271069945 Category : Language Arts & Disciplines Languages : en Pages : 359
Book Description
The twenty-first century is characterized by the global circulation of cultures, norms, representations, discourses, and human rights claims; the arising conflicts require innovative understandings of decision making. Deliberative Acts develops a new, cogent theory of performative deliberation. Rather than conceiving deliberation within the familiar frameworks of persuasion, identification, or procedural democracy, it privileges speech acts and bodily enactments that constitute deliberation itself, reorienting deliberative theory toward the initiating moment of recognition, a moment in which interlocutors are positioned in relationship to each other and so may begin to construct a new lifeworld. By approaching human rights not as norms or laws, but as deliberative acts, Lyon conceives rights as relationships among people and as ongoing political and historical projects developing communal norms through global and cross-cultural interactions.
Author: Simone Chambers Publisher: Rowman & Littlefield ISBN: 9780847698110 Category : Political Science Languages : en Pages : 264
Book Description
Interdisciplinary discussion of the ways in which the media is and can be used in the service of deliberative equality within the public sphere--and of the ways in which the media can function to both facilitate and inhibit deliberative democracy. [back cover].
Author: Lyn Carson Publisher: Penn State Press ISBN: 0271069074 Category : Language Arts & Disciplines Languages : en Pages : 492
Book Description
Growing numbers of scholars, practitioners, politicians, and citizens recognize the value of deliberative civic engagement processes that enable citizens and governments to come together in public spaces and engage in constructive dialogue, informed discussion, and decisive deliberation. This book seeks to fill a gap in empirical studies in deliberative democracy by studying the assembly of the Australian Citizens’ Parliament (ACP), which took place in Canberra on February 6–8, 2009. The ACP addressed the question “How can the Australian political system be strengthened to serve us better?” The ACP’s Canberra assembly is the first large-scale, face-to-face deliberative project to be completely audio-recorded and transcribed, enabling an unprecedented level of qualitative and quantitative assessment of participants’ actual spoken discourse. Each chapter reports on different research questions for different purposes to benefit different audiences. Combined, they exhibit how diverse modes of research focused on a single event can enhance both theoretical and practical knowledge about deliberative democracy.
Author: André Bächtiger Publisher: Oxford University Press ISBN: 0191064572 Category : Political Science Languages : en Pages : 1054
Book Description
Deliberative democracy has been one of the main games in contemporary political theory for two decades, growing enormously in size and importance in political science and many other disciplines. The Oxford Handbook of Deliberative Democracy takes stock of deliberative democracy as a research field, in philosophy, in various research programmes in the social sciences and law, and in political practice around the globe. It provides a concise history of deliberative ideals in political thought and discusses their philosophical origins. The Handbook locates deliberation in political systems with different spaces, publics, and venues, including parliaments, courts, governance networks, protests, mini-publics, old and new media, and everyday talk. It engages with practical applications, mapping deliberation as a reform movement and as a device for conflict resolution, documenting the practice and study of deliberative democracy around the world and in global governance.
Author: Cristina Lafont Publisher: Oxford University Press, USA ISBN: 0198848188 Category : Philosophy Languages : en Pages : 279
Book Description
This book articulates a participatory conception of deliberative democracy that takes the democratic ideal of self-government seriously. It aims to improve citizens' democratic control and vindicate the value of citizens' participation against conceptions that threaten to undermine it. The book critically analyzes deep pluralist, epistocratic, and lottocratic conceptions of democracy. Their defenders propose various institutional ''shortcuts'' to help solve problems of democratic governance such as overcoming disagreements, citizens' political ignorance, or poor-quality deliberation. However, all these shortcut proposals require citizens to blindly defer to actors over whose decisions they cannot exercise control. Implementing such proposals would therefore undermine democracy. Moreover, it seems naive to assume that a community can reach better outcomes 'faster' if it bypasses the beliefs and attitudes of its citizens. Unfortunately, there are no 'shortcuts' to make a community better than its members. The only road to better outcomes is the long, participatory road that is taken when citizens forge a collective will by changing one another's hearts and minds. However difficult the process of justifying political decisions to one another may be, skipping it cannot get us any closer to the democratic ideal. Starting from this conviction, the book defends a conception of democracy ''without shortcuts''. This conception sheds new light on long-standing debates about the proper scope of public reason, the role of religion in politics, and the democratic legitimacy of judicial review. It also proposes new ways to unleash the democratic potential of institutional innovations such as deliberative minipublics.
Author: William Smith Publisher: Routledge ISBN: 1135017530 Category : Political Science Languages : en Pages : 204
Book Description
Civil disobedience is a public, nonviolent, conscientious yet political act, contrary to law, carried out to communicate opposition to law and policy of government. This book presents a theory of civil disobedience that draws on ideas associated with deliberative democracy. This book explores the ethics of civil disobedience in democratic societies. It revisits the theoretical literature on civil disobedience with a view to taking a fresh look at long-standing questions: When is civil disobedience a justified method of political protest? What role, if any, does it play in democratic politics? Is there a moral right to civil disobedience in a democratic society? And how should a democratic state respond to citizens who commit civil disobedience? The answers given to these questions add up to a coherent and distinctive theory of civil disobedience, which draws on ideas associated with deliberative democracy to forge an account that improves upon prominent approaches to this subject. Civil Disobedience and Deliberative Democracy will be of interest to students and scholars of contemporary political theory, political science, democratization studies, social movement studies, criminology, legal theory and moral philosophy.
Author: Harold Hongju Koh
Author: Harold Hongju Koh
Author: Ron Levy
Author: Jon Elster
Author: Arabella Lyon
Author: Simone Chambers
Author: John Parkinson
Author: Lyn Carson
Author: André Bächtiger
Author: Cristina Lafont
Author: William Smith