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The Structure of Pluralism
Pluralism proceeds from the observation that many associations in liberal democracies claim to possess, and attempt to exercise, a measure of legitimate authority over their members. They assert that this authority does not derive from the magnanimity of a liberal and tolerant state but is grounded, rather, on the common practices and aspirations of those individuals who choose to take part in a common endeavor. As an account of the authority of associations, pluralism is distinct from other attempts to accommodate groups like multiculturalism, subsidiarity, corporatism, and associational democracy. It is consistent with the explanation of legal authority proposed by contemporary legal posit...
The Structure of Pluralism
Pluralist arguments are increasingly common in political and legal theory, but scepticism persists about whether pluralism marks a distinct intellectual tradition. This book reconstructs the pluralist tradition in political theory, arguing that it makes distinctive and radical claims regarding political authority and the state.
The Oxford Handbook of Global Legal Pluralism
"Abstract Global legal pluralism has become one of the leading analytical frameworks for understanding and conceptualizing law in the twenty-first century"--
Mapping the Legal Boundaries of Belonging
For several decades, culture played a central role in challenging the liberal tradition. More recently however, religion has re-emerged as one of the central challenges facing Western liberal societies' conception of multiculturalism. Mapping the Legal Boundaries of Belonging explores the complex relationship between religion and multiculturalism and the role of the state and law in the creation of boundaries. The intersection between religion, nationalism and other vectors of difference in Canada and Israel offer an ideal laboratory in which to examine multiculturalism in particular and the governance of diversity in general. The contributors to this volume investigate concepts of religious...
Law and Revolution, II
Berman's masterwork narrates the interaction of evolution and revolution in the development of Western law. This volume explores two successive transformations of the Western legal tradition under the impact of the 16th-century German Reformation and the 17th-century English Revolution, with particular emphasis on Lutheran and Calvinist influences.
The Structure of Pluralism
Pluralism proceeds from the observation that many associations in liberal democracies claim to possess, and attempt to exercise, a measure of legitimate authority over their members. They assert that this authority does not derive from the magnanimity of a liberal and tolerant state but is grounded, rather, on the common practices and aspirations of those individuals who choose to take part in a common endeavor. As an account of the authority of associations, pluralism is distinct from other attempts to accommodate groups like multiculturalism, subsidiarity, corporatism, and associational democracy. It is consistent with the explanation of legal authority proposed by contemporary legal posit...
Machiavelli and the Orders of Violence
Niccolò Machiavelli is the most prominent and notorious theorist of violence in the history of European political thought - prominent, because he is the first to candidly discuss the role of violence in politics; and notorious, because he treats violence as virtue rather than as vice. In this original interpretation, Yves Winter reconstructs Machiavelli's theory of violence and shows how it challenges moral and metaphysical ideas. Winter attributes two central theses to Machiavelli: first, violence is not a generic technology of government but a strategy that tends to correlate with inequality and class conflict; and second, violence is best understood not in terms of conventional notions of law enforcement, coercion, or the proverbial 'last resort', but as performance. Most political violence is effective not because it physically compels another agent who is thus coerced; rather, it produces political effects by appealing to an audience. As such, this book shows how in Machiavelli's world, violence is designed to be perceived, experienced, remembered, and narrated.
State, Trust, and Corporation
Maitland's late, great essays on the historical origins of the state are collected in this volume. They contain a series of profound insights into the way the character of the state has been shaped by the non-political associations that exist alongside it - matters of continuing relevance today.
Mapping the Legal Boundaries of Belonging
This collection of essays explores the complex relationship between religion and multiculturalism and the role of the state and law in the creation of boundaries.
