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Truth and Democracy
Scholars from a variety of fields, including prominent political and legal theorists, philosophers, and intellectual historians, take up the question of whether democratic politics requires talk about truth, and, if so, how truth should matter to democratic politics.
Truth and Democracy
Political theorists Jeremy Elkins and Andrew Norris observe that American political culture is deeply ambivalent about truth. On the one hand, voices on both the left and right make confident appeals to the truth of claims about the status of the market in public life and the role of scientific evidence and argument in public life, human rights, and even religion. On the other hand, there is considerable anxiety that such appeals threaten individualism and political plurality. This anxiety, Elkins and Norris contend, has perhaps been greatest in the humanities and in political theory, where many have responded by either rejecting or neglecting the whole topic of truth. The essays in this vol...
Law and the Question of the Animal
Law's Animal: A Critical Jurisprudence addresses the problem of 'animal life' in terms that go beyond the usual extension of liberal rights to animals.
Explaining and Resisting Trumpism Post-2020
This edited volume sheds light on why, even though he lost the 2020 election, more than 74 million people—nearly half of the American population—voted for Donald Trump. In his four years, President Trump was a divisive figure. Authored by scholars and activists from an array of disciplinary areas and backgrounds, this book addresses why certain groups of voters found Trump appealing, how the Trump campaign utilized fear and conspiracy theories to woo voters, lessons Democrats should learn from the 2020 election, and the role activism had in the election and in the continuation or amelioration of Trumpism.
Law without Nations
The possibility of law in the absence of a nation would seem to strip law from its source of meaning and value. At the same time, law divorced from nations would clear the ground for a cosmopolitan vision in which the prejudices or idiosyncrasies of distinctive national traditions would give way to more universalist groundings for law. These alternately dystopian and utopian viewpoints inspire this original collection of essays on law without nations. This book examines the ways in which the growing internationalization of law affects domestic national law, the relationship between cosmopolitan legal ideas and understandings of national identity, and the intersections of identity and law based on the liberal tradition of jurisprudence and transnational influences. Ultimately, Law without Nations offers sharp analyses of the fraught relationship between the nation and the state—and the legal forms and practices that they require, constitute, and violently contest.
Legalized Families in the Era of Bordered Globalization
The first book to provide a socio-legal perspective on current interrelations between globalization, borders, families and the law.
Parliamentary Sovereignty
This book has four main themes: (1) a criticism of 'common law constitutionalism', the theory that Parliament's authority is conferred by, and therefore is or can be made subordinate to, judge-made common law; (2) an analysis of Parliament's ability to abdicate, limit or regulate the exercise of its own authority, including a revision of Dicey's conception of sovereignty, a repudiation of the doctrine of implied repeal and the proposal of a novel theory of 'manner and form' requirements for law-making; (3) an examination of the relationship between parliamentary sovereignty and statutory interpretation, defending the reality of legislative intentions, and their indispensability to sensible interpretation and respect for parliamentary sovereignty; and (4) an assessment of the compatibility of parliamentary sovereignty with recent constitutional developments, including the expansion of judicial review of administrative action, the Human Rights and European Communities Acts and the growing recognition of 'constitutional principles' and 'constitutional statutes'.
Democracy, Intelligent Design, and Evolution
Should alternatives to evolution be taught in American public schools or rejected as an establishment of religion? Democracy, Intelligent Design, and Evolution argues that accurate science education helps shape a democratic temperament. Rather than defending against Intelligent Design as religion, citizens should defend science education as crucial to three aspects of the democratic person: political citizenship, economic fitness, and moral choice. Through an examination of Tammy Kitzmiller et al. v. Dover Area School District, contemporary political theory, and foundational American texts, this volume provides an alternative jurisprudence and political vocabulary urging American liberalism to embrace science for citizenship.
Public Epistemic Authority
Inter- and supranational courts derive their legitimacy partly from an institutional comparison: judges' legal expertise and the quality of judicial procedures justify a court's claim to authority towards other branches of government and other courts with overlapping jurisdiction. To provide a benchmark for assessing judicial outcomes that is compatible with democratic commitments, Johann Laux suggests a new normative category, Public Epistemic Authority (PEA). It builds on the mechanisms behind theories of collective intelligence and empirical research on judicial decision-making. PEA tracks judges' collective ability to reliably identify breaches of law. It focuses on cognitive tasks in adjudication. The author applies PEA to the Court of Justice of the European Union and offers suggestions for improving its institutional design.
Navigating Post-Truth and Alternative Facts
Navigating Post-Truth and Alternative Facts: Religion and Science as Political Theology is an edited volume that explores the critical intersection of “religion-and-science” and our contemporary political and social landscape with a tailored eye towards the epistemological and hermeneutical impact of the “post-truth society.” The rise of the post-truth society has specific importance and inherent risk for nearly all academic disciplines and researchers. When personal beliefs regarding climate change trump scientific consensus, research projects are defunded, results are hidden or undermined, and all of us are at a greater vulnerability to extreme weather patterns. When expertise itself becomes suspect, we become a nation lead by fools. When data is overcome by alternative facts and truth in any form is suspect, where is the space for religious and/or scientific scholarship? The central curiosity of this volume is “what is the role of religion and science scholarship in a post-truth society?” This text explores truth, lies, fear, populism, politics, faith, the environment, post modernity, and our shared public life.
