BRENNAN AND DEMOCRACY

Download Brennan And Democracy ebook PDF or Read Online books in PDF, EPUB, and Mobi Format. Click Download or Read Online button to BRENNAN AND DEMOCRACY book pdf for free now.

Brennan And Democracy

Author : Frank I. Michelman
ISBN : 1400823366
Genre : Law
File Size : 66.67 MB
Format : PDF, Docs
Download : 976
Read : 891

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 : 68.11 MB
Format : PDF, ePub, Docs
Download : 966
Read : 440

"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 : 52.60 MB
Format : PDF, Mobi
Download : 712
Read : 744

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

Politics And Process

Author : Brennan H. G.
ISBN : 0521350433
Genre : Political Science
File Size : 69.29 MB
Format : PDF, Docs
Download : 301
Read : 700

This book explores the strengths and weaknesses of democratic institutions.
Category: Political Science

On Democracy S Doorstep The Inside Story Of How The Supreme Court Brought One Person One Vote To The United States

Author : J. Douglas Smith
ISBN : 9780374712082
Genre : Political Science
File Size : 81.24 MB
Format : PDF, ePub, Docs
Download : 911
Read : 522

Winner of the Henry Adams Prize from the Society for History in the Federal Government A Washington Post Notable Work of Nonfiction A Slate Best Book of 2014 The inside story of the Supreme Court decisions that brought true democracy to the United States As chief justice of the U.S. Supreme Court, Earl Warren is most often remembered for landmark rulings in favor of desegregation and the rights of the accused. But Warren himself identified a lesser known group of cases—Baker v. Carr, Reynolds v. Sims, and their companions—as his most important work. J. Douglas Smith's On Democracy's Doorstep masterfully recounts the tumultuous and often overlooked events that established the principle of "one person, one vote" in the United States. Before the Warren Court acted, American democracy was in poor order. As citizens migrated to urban areas, legislative boundaries remained the same, giving rural lawmakers from sparsely populated districts disproportionate political power—a power they often used on behalf of influential business interests. Smith shows how activists ranging from city boosters in Tennessee to the League of Women Voters worked to end malapportionment, incurring the wrath of chambers of commerce and southern segregationists as they did so. Despite a conspiracy of legislative inaction and a 1946 Supreme Court decision that instructed the judiciary not to enter the "political thicket," advocates did not lose hope. As Smith shows, they skillfully used the Fourteenth Amendment's Equal Protection Clause to argue for radical judicial intervention. Smith vividly depicts the unfolding drama as Attorney General Robert F. Kennedy pressed for change, Solicitor General Archibald Cox cautiously held back, young clerks pushed the justices toward ever-bolder reform, and the powerful Senate Minority Leader Everett Dirksen obsessively sought to reverse the judicial revolution that had upended state governments from California to Virginia. Today, following the Court's recent controversial decisions on voting rights and campaign finance, the battles described in On Democracy's Doorstep have increasing relevance. With erudition and verve, Smith illuminates this neglected episode of American political history and confronts its profound consequences.
Category: Political Science

Priests Of Our Democracy

Author : Marjorie Heins
ISBN : 9780814770269
Genre : Law
File Size : 83.88 MB
Format : PDF, Kindle
Download : 325
Read : 842

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

Mr Justice Brennan And Freedom Of Expression

Author : W. Wat Hopkins
ISBN : 0275933636
Genre : Law
File Size : 22.7 MB
Format : PDF, Docs
Download : 500
Read : 385

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

Democratic Reason

Author : Hélène Landemore
ISBN : 9781400845538
Genre : Political Science
File Size : 45.96 MB
Format : PDF
Download : 884
Read : 788

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

Democracy In Contemporary Confucian Philosophy

Author : David Elstein
ISBN : 9781135049874
Genre : Philosophy
File Size : 89.39 MB
Format : PDF, ePub
Download : 582
Read : 510

This book examines democracy in recent Chinese-language philosophical work. It focuses on Confucian-inspired political thought in the Chinese intellectual world from after the communist revolution in China until today. The volume analyzes six significant contemporary Confucian philosophers in China and Taiwan, describing their political thought and how they connect their thought to Confucian tradition, and critiques their political proposals and views. It illustrates how Confucianism has transformed in modern times, the divergent understandings of Confucianism today, and how contemporary Chinese philosophers understand democracy, as well as their criticisms of Western political thought.
Category: Philosophy

The Time Of Popular Sovereignty

Author : Paulina Ochoa Espejo
ISBN : 9780271037967
Genre : Political Science
File Size : 37.46 MB
Format : PDF, Kindle
Download : 716
Read : 328

"Examines the concept of the people and the problems it raises for liberal democratic theory, constitutional theory, and critical theory. Argues that the people should be conceived not as simply a collection of individuals, but as an ongoing process unfolding in time"--Provided by publisher.
Category: Political Science