BRENNAN AND DEMOCRACY

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Brennan And Democracy

Author : Frank I. Michelman
ISBN : 1400823366
Genre : Law
File Size : 22.47 MB
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In Brennan and Democracy, a leading thinker in U.S. constitutional law offers some powerful reflections on the idea of "constitutional democracy," a concept in which many have seen the makings of paradox. Here Frank Michelman explores the apparently conflicting commitments of a democratic governmental system where key aspects of such important social issues as affirmative action, campaign finance reform, and abortion rights are settled not by a legislative vote but by the decisions of unelected judges. Can we--or should we--embrace the values of democracy together with constitutionalism, judicial supervision, and the rule of law? To answer this question, Michelman calls into service the judicial career of Supreme Court Justice William Brennan, the country's model "activist" judge for the past forty years. Michelman draws on Brennan's record and writings to suggest how the Justice himself might have understood the judiciary's role in the simultaneous promotion of both democratic and constitutional government. The first chapter prompts us to reflect on how tough and delicate an act it is for the members of a society to attempt living together as a people devoted to self-government. The second chapter seeks to renew our appreciation for democratic liberal political ideals, and includes an extensive treatment of Brennan's judicial opinions, which places them in relation to opposing communitarian and libertarian positions. Michelman also draws on the views of two other prominent constitutional theorists, Robert Post and Ronald Dworkin, to build a provocative discussion of whether democracy is best conceived as a "procedural" or a "substantive" ideal.
Category: Law

Democracy And Decision

Author : Geoffrey Brennan
ISBN : 0521585244
Genre : Business & Economics
File Size : 71.30 MB
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"The significance of this account should be clear. If, as economists frequently assert, proper diagnosis of the disease is a crucial prerequisite to treatment, then the design of appropriate democratic institutions depends critically on a coherent analysis of the way the electoral process works and the perversities to which it is prone. The claim is that the interest-based account incorrectly diagnoses the disease. Accordingly, this book ends with an account of the institutional protections that go with expressive voting."--BOOK JACKET.
Category: Business & Economics

Against Democracy

Author : Jason Brennan
ISBN : 9781400888399
Genre : Philosophy
File Size : 60.15 MB
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Most people believe democracy is a uniquely just form of government. They believe people have the right to an equal share of political power. And they believe that political participation is good for us—it empowers us, helps us get what we want, and tends to make us smarter, more virtuous, and more caring for one another. These are some of our most cherished ideas about democracy. But Jason Brennan says they are all wrong. In this trenchant book, Brennan argues that democracy should be judged by its results—and the results are not good enough. Just as defendants have a right to a fair trial, citizens have a right to competent government. But democracy is the rule of the ignorant and the irrational, and it all too often falls short. Furthermore, no one has a fundamental right to any share of political power, and exercising political power does most of us little good. On the contrary, a wide range of social science research shows that political participation and democratic deliberation actually tend to make people worse—more irrational, biased, and mean. Given this grim picture, Brennan argues that a new system of government—epistocracy, the rule of the knowledgeable—may be better than democracy, and that it's time to experiment and find out. A challenging critique of democracy and the first sustained defense of the rule of the knowledgeable, Against Democracy is essential reading for scholars and students of politics across the disciplines. Featuring a new preface that situates the book within the current political climate and discusses other alternatives beyond epistocracy, Against Democracy is a challenging critique of democracy and the first sustained defense of the rule of the knowledgeable.
Category: Philosophy

Democratic Devices And Desires

Author : Geoffrey Brennan
ISBN : 0521639778
Genre : Business & Economics
File Size : 71.14 MB
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This book offers an account of key features of modern representative democracy. Working from the rational actor tradition, it builds a middle ground between orthodox political theory and the economic analysis of politics. Standard economic models of politics emphasise the design of the institutional devices of democracy as operated by essentially self-interested individuals. This book departs from that model by focusing on democratic desires alongside democratic devices, stressing that important aspects of democracy depend on the motivation of democrats and the interplay between devices and desires. Individuals are taken to be not only rational, but also somewhat moral. The authors argue that this approach provides access to aspects of the debate on democratic institutions that are beyond the narrowly economic model. They apply their analysis to voting, elections, representation, political departments and the separation and division of powers, providing a wide-ranging discussion of the design of democratic institutions.
Category: Business & Economics

Politics And Process

Author : Brennan H. G.
ISBN : 0521350433
Genre : Political Science
File Size : 69.16 MB
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This book explores the strengths and weaknesses of democratic institutions.
Category: Political Science

How Democracy Ends

Author : David Runciman
ISBN : 9781782834120
Genre : Political Science
File Size : 37.4 MB
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'Scintillating ... thought-provoking ... one of the very best of the great crop of recent books on the subject.' Andrew Rawnsley, Observer Democracy has died hundreds of times, all over the world. We think we know what that looks like: chaos descends and the military arrives to restore order, until the people can be trusted to look after their own affairs again. However, there is a danger that this picture is out of date. Until very recently, most citizens of Western democracies would have imagined that the end was a long way off, and very few would have thought it might be happening before their eyes as Trump, Brexit and paranoid populism have become a reality. David Runciman, one of the UK's leading professors of politics, answers all this and more as he surveys the political landscape of the West, helping us to spot the new signs of a collapsing democracy and advising us on what could come next.
Category: Political Science

An Epistemic Theory Of Democracy

Author : Robert E. Goodin
ISBN : 9780192556486
Genre : Political Science
File Size : 37.89 MB
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Democracy has many attractive features. Among them is its tendency to track the truth, at least under certain idealized assumptions. That basic result has been known since 1785, when Condorcet published his famous jury theorem. But that theorem has typically been dismissed as little more than a mathematical curiosity, with assumptions too restrictive for it to apply to the real world. In An Epistemic Theory of Democracy, Goodin and Spiekermann propose different ways of interpreting voter independence and competence to make jury theorems more generally applicable. They go on to assess a wide range of familiar political practices and alternative institutional arrangements, to determine what constellation of them might most fully exploit the truth-tracking potential of majoritarian democracy. The book closes with a discussion of how epistemic democracy might be undermined, using as case studies the Trump and Brexit campaigns.
Category: Political Science

Mr Justice Brennan And Freedom Of Expression

Author : W. Wat Hopkins
ISBN : 0275933636
Genre : Law
File Size : 52.16 MB
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Hopkins examines the body of Justice Brennan's free expression jurisprudence. For him, Brennan was the prime protector of the rights of free speech and free press. He argues that Brennan's theory of free expression is built on the metaphor of a marketplace of ideas. He concludes that Brennan developed a philosophically sound First Amendment theory that was accepted by the Court, but is not being applied with the force necessary for it to be effective in practice.
Category: Law

Priests Of Our Democracy

Author : Marjorie Heins
ISBN : 9780814770269
Genre : Law
File Size : 32.86 MB
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Priests of Our Democracy tells of the teachers and professors who battled the anti-communist witch hunt of the 1950s. It traces the political fortunes of academic freedom beginning in the late 19th century, both on campus and in the courts. Combining political and legal history with wrenching personal stories, the book details how the anti-communist excesses of the 1950s inspired the Supreme Court to recognize the vital role of teachers and professors in American democracy. The crushing of dissent in the 1950s impoverished political discourse in ways that are still being felt, and First Amendment academic freedom, a product of that period, is in peril today. In compelling terms, this book shows why the issue should matter to everyone.
Category: Law

Democratic Reason

Author : Hélène Landemore
ISBN : 9781400845538
Genre : Political Science
File Size : 87.54 MB
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Individual decision making can often be wrong due to misinformation, impulses, or biases. Collective decision making, on the other hand, can be surprisingly accurate. In Democratic Reason, Hélène Landemore demonstrates that the very factors behind the superiority of collective decision making add up to a strong case for democracy. She shows that the processes and procedures of democratic decision making form a cognitive system that ensures that decisions taken by the many are more likely to be right than decisions taken by the few. Democracy as a form of government is therefore valuable not only because it is legitimate and just, but also because it is smart. Landemore considers how the argument plays out with respect to two main mechanisms of democratic politics: inclusive deliberation and majority rule. In deliberative settings, the truth-tracking properties of deliberation are enhanced more by inclusiveness than by individual competence. Landemore explores this idea in the contexts of representative democracy and the selection of representatives. She also discusses several models for the "wisdom of crowds" channeled by majority rule, examining the trade-offs between inclusiveness and individual competence in voting. When inclusive deliberation and majority rule are combined, they beat less inclusive methods, in which one person or a small group decide. Democratic Reason thus establishes the superiority of democracy as a way of making decisions for the common good.
Category: Political Science