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In many parts of the world, constitutions are being written and rewritten, with a great many possibilities being explored, and much that matters deeply to millions of people hangs on the results. Here major scholars address some of the most pressing questions about political order.
Contributors discuss the work of thinkers such as Cass Sunstein and Jeremy Waldron in their exploration of the relations between philosophical theories and everyday life. They elucidate major attempts to reconcile theory with practice in the Western tradition, from Herodotus to Heidegger, and discuss topics such as the role of theory in judicial decision-making and the political implication of theory. Of interest to philosophers, lawyers, and social scientists. Annotation copyright by Book News, Inc., Portland, OR
This volume, offers the thoughts of twenty scholars on the theory, history, and practice of representation. Two developments make a new appraisal of this subject timely. One is the decision of the United States Supreme Court requiring representation to be democratic in the sense of affording every voter an equal voice in government. The other, that some governments that are not democratic, in the sense of having freely competitive political parties, are now,nevertheless, "representative."
Jennifer Nedelsky claims that we must rethink our notion of autonomy, rejecting the usual vocabulary of control, boundaries and individual rights. If we understand that we are fundamentally in relation to others, she argues, we will recognize that we become autonomous with others.
From the sprawling remnants of the Soviet empire to the southern tip of Africa, attempts are underway to replace arbitrary political regimes with governments constrained by the rule of law. This ideal which subordinates the wills of individuals, social movements--and even, sometimes, democratically elected majorities--to the requirements of law, is here explored by leading legal and political thinkers. Part I of The Rule of Law examines the interplay of democracy and the rule of law, while Part II focusses on the centuries-old debate about the meaning of the rule of law itself. Part III takes up the constraints that rationality exercises on the rule of law. If the rule of law is desirable pa...
Toleration has a rich tradition in Western political philosophy. It is, after all, one of the defining topics of political philosophy—historically pivotal in the development of modern liberalism, prominent in the writings of such canonical figures as John Locke and John Stuart Mill, and central to our understanding of the idea of a society in which individuals have the right to live their own lives by their own values, left alone by the state so long as they respect the similar interests of others. Toleration and Its Limits, the latest addition to the NOMOS series, explores the philosophical nuances of the concept of toleration and its scope in contemporary liberal democratic societies. Editors Melissa S. Williams and Jeremy Waldron carefully compiled essays that address the tradition’s key historical figures; its role in the development and evolution of Western political theory; its relation to morality, liberalism, and identity; and its limits and dangers. Contributors: Lawrence A. Alexander, Kathryn Abrams, Wendy Brown, Ingrid Creppell, Noah Feldman, Rainer Forst, David Heyd, Glyn Morgan, Glen Newey, Michael A. Rosenthal, Andrew Sabl, Steven D. Smith, and Alex Tuckness.
Within Western political philosophy, the rights of groups has often been neglected or addressed in only the narrowest fashion. Focusing solely on whether rights are exercised by individuals or groups misses what lies at the heart of ethnocultural conflict, leaving the crucial question unanswered: can the familiar system of common citizenship rights within liberal democracies sufficiently accommodate the legitimate interests of ethnic citizens. Specifically, how does membership in an ethnic group differ from other groups, such as professional, lifestyle, or advocacy groups? How important is ethnicity to personal identity and self-respect, and does accommodating these interests require more than standard citizenship rights? Crucially, what forms of ethnocultural accommodations are consistent with democratic equality, individual freedom, and political stability? Invoking numerous cases studies and addressing the issue of ethnicity from a range of perspectives, Ethnicity and Group Rights seeks to answer these questions.
The forty-fourth volume in the esteemed NOMOS series considers the philosophical, political, and legal dilemmas of the changing definition of "family" today.
An in-depth political, legal, and philosophical study into the implications of wealth inequality in modern societies. Wealth, and specifically its distribution, has been a topic of great debate in recent years. Calls for justice against corporations implicated in the 2008 financial crash; populist rallying against “the one percent”; distrust of the influence of wealthy donors on elections and policy—all of these issues have their roots in a larger discussion of how wealth operates in American economic and political life. In Wealth a distinguished interdisciplinary group of scholars in political science, law and philosophy address the complex set of questions that relate to economic wea...
This is a collection of essays written by Moore which form a thorough examination of the theory of criminal responsibility. The author covers a wide range of topics, giving the book a coherence and unity which is rare in assembled essays. Perhaps the most significant feature of this book isMoore's espousal of a retributivist theory of punishment. This anti-utilitarian standpoint is a common thread throughout the book. It is also a trend which is currently manifesting itself in all areas of moral, political and legal philosophy, but Moore is one of the first to apply such attitudes sosytematically to criminal law theory. As such, this innovative, new book will be of great interest to all scholars in this field.