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Law, Justice, Democracy, and the Clash of Cultures

Law, Justice, Democracy, and the Clash of Cultures
Author: Michel Rosenfeld
Publisher: Cambridge University Press
Total Pages: 337
Release: 2011-09-26
Genre: Law
ISBN: 1139502549

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The Cold War ideological battle with universal aspirations has given way to a clash of cultures as the world concurrently moves toward globalization of economies and communications and balkanization through a clash of ethnic and cultural identities. Traditional liberal theory has confronted daunting challenges in coping with these changes and with recent developments such as the spread of postmodern thought, religious fundamentalism and global terrorism. This book argues that a political and legal philosophy based on pluralism is best suited to confront the problems of the twenty-first century. Pointing out that monist theories such as liberalism have become inadequate and that relativism is dangerous, the book makes the case for pluralism from the standpoint of both theory and its applications. The book engages with thinkers, such as Spinoza, Kant, Hegel, Rawls, Berlin, Dworkin, Habermas and Derrida and with several subjects that are at the center of current controversies.


Law, Justice, Democracy, and the Clash of Cultures

Law, Justice, Democracy, and the Clash of Cultures
Author: Professor of Human Rights and Director Program on Global and Comparative Constitutional Theory Michel Rosenfeld
Publisher:
Total Pages: 338
Release: 2014-05-14
Genre: PHILOSOPHY
ISBN: 9781139144766

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Argues that a political and legal philosophy based on pluralism confronts the problems of the twenty-first century.


Competences for democratic culture

Competences for democratic culture
Author: Council of Europe
Publisher: Council of Europe
Total Pages: 78
Release: 2016-04-04
Genre: Political Science
ISBN: 9287182647

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A new Council of Europe reference framework of competences for democratic culture! Contemporary societies within Europe face many challenges, including declining levels of voter turnout in elections, increased distrust of politicians, high levels of hate crime, intolerance and prejudice towards minority ethnic and religious groups, and increasing levels of support for violent extremism. These challenges threaten the legitimacy of democratic institutions and peaceful co-existence within Europe. Formal education is a vital tool that can be used to tackle these challenges. Appropriate educational input and practices can boost democratic engagement, reduce intolerance and prejudice, and decrease support for violent extremism. However, to achieve these goals, educationists need a clear understanding of the democratic competences that should be targeted by the curriculum. This book presents a new conceptual model of the competences which citizens require to participate in democratic culture and live peacefully together with others in culturally diverse societies. The model is the product of intensive work over a two-year period, and has been strongly endorsed in an international consultation with leading educational experts. The book describes the competence model in detail, together with the methods used to develop it. The model provides a robust conceptual foundation for the future development of curricula, pedagogies and assessments in democratic citizenship and human rights education. Its application will enable educational systems to be harnessed effectively for the preparation of students for life as engaged and tolerant democratic citizens. The book forms the first component of a new Council of Europe reference framework of competences for democratic culture. It is vital reading for all educational policy makers and practitioners who work in the fields of education for democratic citizenship, human rights education and intercultural education.


Limits Of Law

Limits Of Law
Author: Peter Schuck
Publisher: Routledge
Total Pages: 504
Release: 2018-03-08
Genre: Political Science
ISBN: 042996773X

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Law is an increasingly pervasive force in our society. At the same time, however, the obstacles to law’s effectiveness are also growing. In The limits of Law, Yale law professor Peter H, Schuck draws on law, social science, and history to explore this momentous clash between law’s compelling promise of ordered liberty and the realistic limits of its capacity to deliver on this promise. Schuck first discusses the constraints within which law must work–law’s own complexity, the cultural chasms it must bridge, and the social diversity it must accommodate–and proceeds to consider the ways law uses regulatory, legislative, and adjudicatory processes to influence social behavior. He shows how politics shapes regulation, how regulation might incorporate individualized equity, and how it can best be reformed. Turning to legislation, he justifies a strong role for special interest groups, dissects purely symbolic statutes, and defends broad delegations of legislative power to regulatory agencies. Concerning adjudication, Schuck analyzes the courts’ efforts to advance social justice by controlling federal agencies, constitutionalizing politics, managing mass toxic tort disputes, and reforming public services and institutions. His concluding chapter draws together some general lessons about law’s limits and possibilities for improving democratic governance.


Contending Orders

Contending Orders
Author: Geoffrey Swenson
Publisher: Oxford University Press
Total Pages: 289
Release: 2022-10-14
Genre: Political Science
ISBN: 0197530443

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In most countries, it is the norm for state courts to operate alongside powerful non-state justice systems, whose roots lie in custom, religion, or tradition. Indeed, non-state justice is frequently the dominant form of legal order. In the developing world, an estimated 80 to 90 percent of disputes are handled outside the state justice system, and nearly all post-conflict states feature extensive legal pluralism because of the weak institutions and contested authority endemic to conflict and post-conflict states. Yet the role of legal pluralism is frequently misunderstood and when different justice systems clash, prolonged, potentially even violent conflict, can result. In Contending Orders, Geoffrey Swenson proposes a new way to understand how state and non-state authorities interact by exploring the full range of legally pluralist environments-combative, competitive, cooperative, and complementary. Drawing upon insights from Afghanistan and Timor-Leste, two countries with extensive legal pluralism, he identifies and critically examines commonly used strategies in legally pluralistic environments. Swenson also illustrates how national and international actors can better engage non-state justice systems. Further, Swenson shows how multiple justice systems can not only co-exist but work together to contribute to the development of a democratic state bound by the rule of law. It is not enough to merely recognize that legal pluralism exists; scholars and policymakers must understand how legal pluralism actually functions. Contending Orders both analyzes the forces that are shaping the relationship between the state and non-state justice worldwide and offers policy strategies to promote the rule of law and good governance wherever legal pluralism thrives.


Law, Justice and Democracy

Law, Justice and Democracy
Author: John Herbert MacCluskey
Publisher:
Total Pages: 116
Release: 1987
Genre:
ISBN: 9780563205760

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Communities and Law

Communities and Law
Author: Gad Barzilai
Publisher: University of Michigan Press
Total Pages: 381
Release: 2010-02-05
Genre: Law
ISBN: 0472024000

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Communities and Law looks at minorities, or nonruling communities, and their identity practices under state domination in the midst of globalization. It examines six sociopolitical dimensions of community--nationality, social stratification, gender, religion, ethnicity, and legal consciousness--within the communitarian context and through their respective legal cultures. Gad Barzilai addresses such questions as: What is a communal legal culture, and what is its relevance for relations between state and society in the midst of globalization? How do nonliberal communal legal cultures interact with transnational American-led liberalism? Is current liberalism, with its emphasis on individual rights, litigation, and adjudication, sufficient to protect pluralism and multiculturalism? Why should democracies encourage the collective rights of nonruling communities and protect nonliberal communal cultures in principle and in practice? He looks at Arab-Palestinians, feminists, and ultra-Orthodox Jews in Israel as examples of the types of communities discussed. Communities and Law contributes to our understanding of the severe tensions between democracies, on the one hand, and the challenge of their minority communities, on the other, and suggests a path toward resolving the resulting critical issues. Gad Barzilai is Professor of Political Science and Law and Co-Director of the Law, Politics and Society Program, Department of Political Science, Tel Aviv University.


Administering Interpretation

Administering Interpretation
Author: Peter Goodrich
Publisher: Fordham Univ Press
Total Pages: 352
Release: 2019-05-21
Genre: Law
ISBN: 0823283801

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Populism in politics and policy orientations in law have thrown the jurisdiction of the academy and the disciplines of interpretation into disarray. Critique flounders in abstraction and negativity, law loses itself in particularity. Administering Interpretation brings together philosophers, humanists, and jurists from both continental and Anglophone jurisdictions to reassess the status and trajectory of interpretative theory as applied in the art of law. Tracking the thread of philosophical influences upon the community of legal interpretation, the essays move from the translation and wake of Derrida to the work of Agamben, from deconstruction to oikononmia. Sharing roots in the philological excavation of the political theology of modern law, contributors assess the failure of secularism and the continuing theological borrowings of juridical interpretation. The book brings contemporary critique to bear upon the interpretative apparatuses of exclusion, the law of spectacular sovereignty, and the bodies that lie in its wake. Contributors: Giovanna Borradori, Marinos Diamantides, Allen Feldman, Stanley Fish, Pierre Legrand, Bernadette Meyler, Michel Rosenfeld, Bernhard Schlink, Jeanne Schroeder, Laurent de Sutter, Katrin Trüstedt, Marco Wan


Pluralism, Pragmatism and American Democracy

Pluralism, Pragmatism and American Democracy
Author: H.G. Callaway
Publisher: Cambridge Scholars Publishing
Total Pages: 320
Release: 2017-06-23
Genre: Philosophy
ISBN: 1443873780

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This book presents the author’s many and varied contributions to the revival and re-evaluation of American pragmatism. The assembled critical perspective on contemporary pragmatism in philosophy emphasizes the American tradition of cultural pluralism and the requirements of American democracy. Based partly on a survey of the literature on interest-group pluralism and critical perspectives on the politics of globalization, the monograph argues for reasoned caution concerning the practical effects of the revival. Undercurrents of “vulgar pragmatism” including both moral and epistemic relativism threaten the intellectual and moral integrity of American thought – and have contributed to the present sense of political crisis. The text chiefly contributes to the evaluation of the contemporary influence of the philosophy of John Dewey (1859–1952) and his late development of the classical pragmatist tradition. In comparison to Ralph Waldo Emerson (1803–1882), William James (1842–1910), and earlier currents of American thought, Dewey’s philosophy, dominated by its overall emphasis on unification, is weaker in its support for the pluralism of cultural and religious contributions which have lent moral self-restraint to American policy and politics, both foreign and domestic. With all due homage to Dewey’s conception of philosophy, centered on human problems and the need for our ameliorative efforts, the argument is that in the contemporary revival, Dewey’s thought has been too often captured by “post-modernist” bandwagons of self-promotion and institutional control. This work defends democratic individualism against more collectivist and corporatist tendencies in contemporary neo-pragmatism, and it draws upon up-to-date political analysis in defense of America’s long republican tradition. Pragmatism will not and cannot be removed from, or ignored, in American intellectual and moral history; and its influence on disciplines from law to politics, sociology and literary criticism has been immense. However, pragmatism has often been weak in commitment to cultural pluralism and in its accounts of truth.


Handbook on Global Constitutionalism

Handbook on Global Constitutionalism
Author: Anthony F. Lang
Publisher: Edward Elgar Publishing
Total Pages: 609
Release: 2023-11-03
Genre: Political Science
ISBN: 1802200266

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This thoroughly revised Handbook presents an up-to-date political and philosophical history of global constitutionalism. By exploring the constitutional-like qualities of international affairs, it provides key insight into the evolving world order.