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Civil Society and Political Theory
In this first serious work on the theory of civil society to appear in many years, Jean Cohen and Andrew Arato contend that the concept of civil society articulates a contested terrain in the West that could become the primary locus for the expansion of democracy and rights. In this major contribution to contemporary political theory, Jean Cohen and Andrew Arato argue that the concept of civil society articulates a contested terrain in the West that could become a primary locus for the expansion of democracy and rights.
Constitution Making Under Occupation
The attempt in 2004 to draft an interim constitution in Iraq and the effort to enact a permanent one in 2005 were unintended outcomes of the American occupation, which first sought to impose a constitution by its agents. This two-stage constitution-making paradigm, implemented in a wholly unplanned move by the Iraqis and their American sponsors, formed a kind of compromise between the populist-democratic project of Shi'ite clerics and America's external interference. As long as it was used in a coherent and legitimate way, the method held promise. Unfortunately, the logic of external imposition and political exclusion compromised the negotiations. Andrew Arato is the first person to record t...
Critical Theory and Democracy
This book focuses on Andrew Arato’s democratic theory and its relevance to contemporary issues such as processes of democratization, civil society, constitution-making, and the modern Executive. Andrew Arato is -both globally and disciplinarily- a prominent thinker in the fields of democratic theory, constitutional law, and comparative politics, influencing several generations of scholars. This is the first volume to systematically address his democratic theory. Including contributions from leading scholars such as Dick Howard, Ulrich Preuss, Hubertus Buchstein, Janos Kis, Uri Ram, Leonardo Avritzer, Carlos de la Torre, and Nicolás Lynch, this book is organized around three major areas of...
Post Sovereign Constitution Making
Constitutional politics has become a major terrain of contemporary struggles. Contestation around designing, replacing, revising, and dramatically re-interpreting constitutions is proliferating worldwide. Starting with Southern Europe in post-Franco Spain, then in the ex-Communist countries in Central Europe, post-apartheid South Africa, and now in the Arab world, constitution making has become a project not only of radical political movements, but of liberals and conservatives as well. Wherever new states or new regimes will emerge in the future, whether through negotiations, revolutionary process, federation, secession, or partition, the making of new constitutions will be a key item on th...
Civil Society and Political Theory
In this major contribution to contemporary political theory, Jean Cohen and Andrew Arato argue that the concept of civil society articulates a contested terrain in the West that could become a primary locus for the expansion of democracy and rights. In recent years, "civil society" has become the catchall term used to invoke everything that totalitarian governments suppress, yet it has a curiously ambiguous status in liberal democracies. To some, it indicates simply what the West already has and lacks any critical potential with regard to the injustices and dysfunctions of democratic society. To others, it is a holdover from early forms of political philosophy that are irrelevant to modern c...
Habermas on Law and Democracy
In the first essay, Habermas himself succinctly presents the centerpiece of his theory: his proceduralist paradigm of law. The following essays comprise elaborations, criticisms, and further explorations by others of the most salient issues addressed in his theory. The distinguished group of contributors—internationally prominent scholars in the fields of law, philosophy, and social theory—includes many who have been closely identified with Habermas as well as some of his best-known critics. The final essay is a thorough and lengthy reply by Habermas, which not only engages the most important arguments raised in the preceding essays but also further elaborates and refines some of his own...
Civil Society, Constitution, and Legitimacy
Spurred by recent governmental transitions from dictatorships to democratic institutions, this highly original work argues that negotiated civil society-oriented transitions have an affinity for a distinctive method of constitution making_one that accomplishes the radical change of institutions through legal continuity. Arato presents a compelling argument that this is the preferred method for rapidly establishing viable democratic institutions, and he contrasts the negotiated model with radical revolutionary change. This exceptionally engaging work will be of interest to students and scholars of comparative politics, constitutional law, and East European studies, as well as to political scientists and sociologists.
The Promise and Perils of Populism
The O.J. Simpson trial. The Lindbergh kidnapping. The death of Marilyn Monroe. The assassination of the Romanovs. The Atlanta child murders. All controversial cases. All investigated with the latest techniques in forensic science. Nationally respected investigators Joe Nickell and John Fischer explain the science behind the criminal investigations that have captured the nation's attention. Crime Science is the only comprehensive guide to forensics. Without being overly technical or treating scientific techniques superficially, the authors introduce readers to the work of firearms experts, document examiners, fingerprint technicians, medical examiners, and forensic anthropologists. Each topic...
Forms of Pluralism and Democratic Constitutionalism
In this interdisciplinary volume, a group of prominent international scholars considers alternative political formations to the nation-state, discussing their ability to preserve and expand the achievements of democratic constitutionalism in the twenty-first century and their capacity to deal with deep societal differences.
Judicial Power
Explores the relationship between the legitimacy, the efficacy, and the decision-making of national and transnational constitutional courts.
