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Brennan And Democracy

Author : Frank I. Michelman
ISBN : 1400823366
Genre : Law
File Size : 88.97 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 : 50.22 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

Rights And Democracy

Author : Henk Botha
ISBN : 9781919980027
Genre : Political Science
File Size : 73.82 MB
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The twelve essays in this book pay tribute to senior Harvard law professor Frank Michelman whose thinking ? and input ? on Constitutional Law has made a great contribution to constitutional development in South Africa. These essays are the work of some of the best practical and academic legal minds in this country and, given South Africa?s recent successes in this field, represent an advanced position in constitutional thinking in the world.
Category: Political Science

Against Democracy

Author : Jason Brennan
ISBN : 9781400888399
Genre : Philosophy
File Size : 68.84 MB
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A bracingly provocative challenge to one of our most cherished ideas and institutions 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 : 85.11 MB
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This book explores the strengths and weaknesses of democratic institutions.
Category: Political Science

Democracy And Disenfranchisement

Author : Claudio López-Guerra
ISBN : 9780191016189
Genre : Political Science
File Size : 46.34 MB
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The denial of voting rights to certain types of persons continues to be a moral problem of practical significance. The disenfranchisement of persons with mental impairments, minors, noncitizen residents, nonresident citizens, and criminal offenders is a matter of controversy in many countries. How should we think morally about electoral exclusions? What should we conclude about these particular cases? This book proposes a set of principles, called the Critical Suffrage Doctrine, that defies conventional beliefs on the legitimate denial of the franchise. According to the Critical Suffrage Doctrine, in some realistic circumstances it is morally acceptable to adopt an alternative to universal suffrage that would exclude the vast majority of sane adults for being largely uninformed. Thus, contrary to what most people believe, current controversies on the franchise are not about exploring the limits of a basic moral right. Regarding such controversies, the Critical Suffrage Doctrine establishes that, in polities with universal suffrage, the blanket disenfranchisement of minors and the mentally impaired cannot be justified; that noncitizen residents should be allowed to vote; that excluding nonresident citizens is permissible; and that criminal offenders should not be disenfranchised-although facilitating voting from prison is not required in all contexts. Political theorists have rarely submitted the franchise to serious scrutiny. Hence this study makes a contribution to a largely neglected and important subject.
Category: Political Science

The Time Of Popular Sovereignty

Author : Paulina Ochoa Espejo
ISBN : 9780271037967
Genre : Political Science
File Size : 20.68 MB
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"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

Constitutional Violence

Author : Antoni Abat i Ninet
ISBN : 9780748675371
Genre : True Crime
File Size : 26.4 MB
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Western political systems tend to be 'constitutional democracies', dividing the system into a domain of politics, where the people rule, and a domain of law, set aside for a trained elite. Antoni Abat i Ninet strives to resolve these apparently exclusive
Category: True Crime

Priests Of Our Democracy

Author : Marjorie Heins
ISBN : 9780814770269
Genre : Law
File Size : 33.38 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

Manipulating Man

Author : David Brennan
ISBN : 0988761408
Genre : Philosophy
File Size : 52.12 MB
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As the masses stare into their viewing screens (TVs), their minds are absorbed into created reality, unable to prevent the absurd from entering their essence. No longer possessing the freedom of thought that distinguished their ancestors, many have lost the capacity of discernment so critical to operating a democracy. It is a new age of manipulation that has dawned upon the weary masses, one not satisfied with control of their economic production, but seeking their minds as well. And it is their minds that technology has provided, placed in the hands of individuals obsessed with controlling others. Out of the smoke and dust of it all has risen up a new man whose bond to his ancestors is diminished. He has been taught to embrace a new moral order that was anathema to those who came before him. And he appears incapable of connecting its implementation to the decay and loss of freedom he sees all around. Exploring the same vein George Orwell did in his classic, 1984, Manipulating Man is a nonfiction look at the unfolding paradigm of mass manipulation by individuals embracing an ideology of control. Having gained control over what the masses see and hear, the power wielded by this ideological collective has become a violation of the Natural Law rights of man. And this has caused the shadow of a new and more insidious tyranny to be cast over America. But as with all tyranny, within its dark structure is an Achilles heel waiting to be struck.
Category: Philosophy