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A New Introduction to Jurisprudence
A New Introduction to Jurisprudence takes one of the central problems of law and jurisprudence as its point of departure: what is the law? Adopting an intermediate position between legal positivism and natural law, this book reflects on the concept of ‘liberal democracy’ or ‘constitutional democracy’. In five chapters the book analyses: (i) the idea of higher law, (ii) liberal democracy as a legitimate model for the state, (iii) the separation of church and state or secularism as essential for the democratic state, (iv) the universality of higher law principles, (v) the history of modern political thought. This interdisciplinary approach to jurisprudence is relevant for legal scholars, philosophers, political theorists, public intellectuals, historians, and politicians.
A New Introduction to Legal Method
A New Introduction to Legal Method provides a comprehensive overview of legal science and the scientific character of legal knowledge. In five chapters, the book analyses and explores: (i) legal methodology in general, the main features of different schools of thought, and the nature of science in general; (ii) American realism, which offers an ideal starting point for law students to reflect on the material they are about to study critically; (iii) rationalism, empiricism, and logical positivism, in particular the work of Karl Popper; (iv) criticisms of essentialism; (v) the ideological and philosophical background of contemporary liberal interpretation. The inclusion of Dutch, French, and German literature sources makes this law title differ from previous writings on legal science. This textbook is ideal for students of legal method, and will be of great interest to those studying legal science, jurisprudence, legal research,and legal skills.
Militant Democracy – Political Science, Law and Philosophy
This volume offers an up-to-date overview of the much-debated issue of how a democracy may defend itself against those who want to subvert it. The justifications, effectiveness and legal implications of militant democracy are discussed by addressing questions as: How can militant democracy measures such as party bans be justified? Why is it that some democracies ban antidemocratic parties? Does militant democracy succeed in combatting right-wing extremism? And is militant democracy evolving into an internationalized legal and political concept? Bringing together experts and perspectives from political science, law and philosophy, this volume advances our understanding of the current threats to democracy, a political system once thought almost invincible. It is especially timely in the light of the rise of illiberal democracy in the EU, the increasingly authoritarian rule in Turkey, the steady shift to autocracy in Russia and the remarkable election of Trump in the US.
The State of Exception and Militant Democracy in a Time of Terror
International Studies Library Which measures may a state undertake when its very existence is threatened? Can it suspend the democratic legal order, may it prohibit undemocratic political parties, can it withhold fundamental constitutional rights from those who intend to abuse them? Or, in case of an external threat, may the state use force in anticipatory self-defense? In addressing these issues, two legal-philosophical doctrines play a crucial role, namely: the state of exception and militant democracy. Unlike other books, this book offers an interdisciplinary approach to both doctrines by a variety of international scholars. The state of exception and militant democracy are viewed from a ...
Terrorism and Counterterrorism After the Caliphate
The Islamic State (ISIS) perplexed the world when its leader Abu Bakr Al-Baghdadi declared a caliphate in 2014. This declaration was not just followed by territorial expansion, but also by several new developments in terrorism's actors, ideology, methods and geopolitics. Terrorism and Counterterrorism after the Caliphate analyzes these new developments in terrorism and counterterrorism in the wake of the ISIS-caliphate. This multidisciplinary volume combines legal, philosophical and international relations perspectives in two main lines of inquiry. First, the concepts relevant to terrorism and counter-terrorism studies are analyzed, such as the status of the 'caliphate', the role of 'ideolog...
Building Moderate Muslim Networks
Radical and dogmatic interpretations of Islam have gained ground in recent years in many Muslim societies via extensive Islamist networks spanning the Muslim world and the Muslim diaspora communities of North America and Europe. Although a majority throughout the Muslim world, moderates have not developed similar networks to amplify their message and to provide protection from violence and intimidation. With considerable experience fostering networks of people committed to free and democratic ideas during the Cold War, the United States has a critical role to play in leveling the playing field for Muslim moderates. The authors derive lessons from the U.S. and allied Cold War network-building experience, determine their applicability to the current situation in the Muslim world, assess the effectiveness of U.S. government programs of engagement with the Muslim world, and develop a ?road map? to foster the construction of moderate Muslim networks.
Religious Ideas in Liberal Democratic States
Religious Ideas in Liberal Democratic States adds new context to the ongoing debate over the scope of religious freedom, drawing from a variety of perspectives to discuss the meaning of religion itself within a democratic state. This book argues that categorizing religion as a solely private affair is too narrow an interpretation and questions whether ideas like freedom, human dignity, and equality can be truly actualized in a neutral and secular state. Contributors explore the impact of religion, acknowledged or not, on legislation, human rights, and group rights through legal, historical, and sociological lenses. Scholars of constitutional law, jurisprudence, international law, and political science will find this book particularly useful.
The Tyranny of Silence
Journalists face constant intimidation. Whether it takes the extreme form of beheadings, death threats, government censorship or simply political correctness—it casts a shadow over their ability to tell a story. When the Danish newspaper Jyllands-Posten published the cartoons of the prophet Muhammad nine years ago, Denmark found itself at the center of a global battle about the freedom of speech. The paper's culture editor, Flemming Rose, defended the decision to print the 12 drawings, and he quickly came to play a central part in the debate about the limitations to freedom of speech in the 21st century. In The Tyranny of Silence, Flemming Rose writes about the people and experiences that have influenced his understanding of the crisis, including meetings with dissidents from the former Soviet Union and ex-Muslims living in Europe. He provides a personal account of an event that has shaped the debate about what it means to be a citizen in a democracy and how to coexist in a world that is increasingly multicultural, multireligious, and multiethnic.
The Open Society and Its Closed Communities
In the aftermath of the Second World War, Karl Popper introduced his concept of the "open society". Poppers focussed primarily on communism and fascism. Nowadays, communism and fascism have faded away as the primary challenges for open, democratic states, but new challenges have come to the fore. Closed communities pose a significant challenge and sometimes a threat to democratic values. What are those closed communities? This book presents a diagnosis of those closed communities, their problems, and the challenges for an open society.
From Multiculturalism to Democratic Discrimination
The effect of Islam on Western Europe has been profound. Spektorowski and Elfersy argue that it has transformed European democratic values by inspiring an ultra-liberalism that now faces an ultra-conservative backlash. Questions of what to do about Muslim immigration, how to deal with burqas, how to deal with gender politics, have all been influenced by western democracies’ grappling with ideas of inclusion and most recently, exclusion. This book examines those forces and ultimately sees, not an unbridgeable gap, but a future in which Islam and European democracies are compatible, rich, and evolving.
