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Republican legal theory developed out of the jurisprudential and constitutional legacy of the Roman res publica as interpreted over two millennia in Europe and North America. In this book - the most comprehensive study of republican legal ideas to date - Professor Sellers traces the development of republican legal theory. Explaining the importance of popular sovereignty, the rule of law, the separation of powers and other essential republican legal characteristics, he argues that these republican institutions have introduced a new era of justice into politics.
Book Synopsis Republican Legal Theory by : M. Sellers
Download or read book Republican Legal Theory written by M. Sellers and published by Springer. This book was released on 2003-09-07 with total page 200 pages. Available in PDF, EPUB and Kindle. Book excerpt: Republican legal theory developed out of the jurisprudential and constitutional legacy of the Roman res publica as interpreted over two millennia in Europe and North America. In this book - the most comprehensive study of republican legal ideas to date - Professor Sellers traces the development of republican legal theory. Explaining the importance of popular sovereignty, the rule of law, the separation of powers and other essential republican legal characteristics, he argues that these republican institutions have introduced a new era of justice into politics.
Interest in republicanism as a political theory has burgeoned in recent years, but its implications for the understanding of law have remained largely unexplored. Legal Republicanism is the first book to offer a comprehensive, critical survey of the potential for creating republican accounts of fundamental issues in law and legal theory. Bringing together contributors with backgrounds in political and legal philosophy, the essays in the volume assess republicanism's historical traditions, conceptual coherence, and normative proposals. The collection offers a valuable insight into new debates taking place in republican political and legal theory. It also analyses potential republican approaches to concrete issues arising in areas of law such as criminal, constitutional and international law. Finally, the book includes comparisons between republican legal traditions and how they react to contemporary challenges. The book will be of value to political and democratic theorists, to legal philosophers and constitutional theorists, and all those interested in the legitimacy of decision-making in national and international settings.
Book Synopsis Legal Republicanism by : Samantha Besson
Download or read book Legal Republicanism written by Samantha Besson and published by Oxford University Press. This book was released on 2009-03-26 with total page 364 pages. Available in PDF, EPUB and Kindle. Book excerpt: Interest in republicanism as a political theory has burgeoned in recent years, but its implications for the understanding of law have remained largely unexplored. Legal Republicanism is the first book to offer a comprehensive, critical survey of the potential for creating republican accounts of fundamental issues in law and legal theory. Bringing together contributors with backgrounds in political and legal philosophy, the essays in the volume assess republicanism's historical traditions, conceptual coherence, and normative proposals. The collection offers a valuable insight into new debates taking place in republican political and legal theory. It also analyses potential republican approaches to concrete issues arising in areas of law such as criminal, constitutional and international law. Finally, the book includes comparisons between republican legal traditions and how they react to contemporary challenges. The book will be of value to political and democratic theorists, to legal philosophers and constitutional theorists, and all those interested in the legitimacy of decision-making in national and international settings.
A concise history of the long struggle between two fundamentally opposing constitutional traditions, from one of the nation’s leading constitutional scholars—a manifesto for renewing our constitutional republic. The Constitution of the United States begins with the words: “We the People.” But from the earliest days of the American republic, there have been two competing notions of “the People,” which lead to two very different visions of the Constitution. Those who view “We the People” collectively think popular sovereignty resides in the people as a group, which leads them to favor a “democratic” constitution that allows the “will of the people” to be expressed by majority rule. In contrast, those who think popular sovereignty resides in the people as individuals contend that a “republican” constitution is needed to secure the pre-existing inalienable rights of “We the People,” each and every one, against abuses by the majority. In Our Republican Constitution, renowned legal scholar Randy E. Barnett tells the fascinating story of how this debate arose shortly after the Revolution, leading to the adoption of a new and innovative “republican” constitution; and how the struggle over slavery led to its completion by a newly formed Republican Party. Yet soon thereafter, progressive academics and activists urged the courts to remake our Republican Constitution into a democratic one by ignoring key passes of its text. Eventually, the courts complied. Drawing from his deep knowledge of constitutional law and history, as well as his experience litigating on behalf of medical marijuana and against Obamacare, Barnett explains why “We the People” would greatly benefit from the renewal of our Republican Constitution, and how this can be accomplished in the courts and the political arena.
Book Synopsis Our Republican Constitution by : Randy E. Barnett
Download or read book Our Republican Constitution written by Randy E. Barnett and published by HarperCollins. This book was released on 2016-04-19 with total page 320 pages. Available in PDF, EPUB and Kindle. Book excerpt: A concise history of the long struggle between two fundamentally opposing constitutional traditions, from one of the nation’s leading constitutional scholars—a manifesto for renewing our constitutional republic. The Constitution of the United States begins with the words: “We the People.” But from the earliest days of the American republic, there have been two competing notions of “the People,” which lead to two very different visions of the Constitution. Those who view “We the People” collectively think popular sovereignty resides in the people as a group, which leads them to favor a “democratic” constitution that allows the “will of the people” to be expressed by majority rule. In contrast, those who think popular sovereignty resides in the people as individuals contend that a “republican” constitution is needed to secure the pre-existing inalienable rights of “We the People,” each and every one, against abuses by the majority. In Our Republican Constitution, renowned legal scholar Randy E. Barnett tells the fascinating story of how this debate arose shortly after the Revolution, leading to the adoption of a new and innovative “republican” constitution; and how the struggle over slavery led to its completion by a newly formed Republican Party. Yet soon thereafter, progressive academics and activists urged the courts to remake our Republican Constitution into a democratic one by ignoring key passes of its text. Eventually, the courts complied. Drawing from his deep knowledge of constitutional law and history, as well as his experience litigating on behalf of medical marijuana and against Obamacare, Barnett explains why “We the People” would greatly benefit from the renewal of our Republican Constitution, and how this can be accomplished in the courts and the political arena.
A novel, republican theory of the point of democracy, providing a model of the institutions that republican democracy would require.
Book Synopsis On the People's Terms by : Philip Pettit
Download or read book On the People's Terms written by Philip Pettit and published by Cambridge University Press. This book was released on 2012-12-06 with total page 351 pages. Available in PDF, EPUB and Kindle. Book excerpt: A novel, republican theory of the point of democracy, providing a model of the institutions that republican democracy would require.
This book explores the relationship between democracy and republicanism, and its consequences, and articulates new theoretical insights into connections between liberty, law and democratic politics. Contributors include Philip Pettit, John Ferejohn, Raine
Book Synopsis Republican Democracy by : Andreas Niederberger
Download or read book Republican Democracy written by Andreas Niederberger and published by Edinburgh University Press. This book was released on 2015-04-20 with total page 345 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book explores the relationship between democracy and republicanism, and its consequences, and articulates new theoretical insights into connections between liberty, law and democratic politics. Contributors include Philip Pettit, John Ferejohn, Raine
This is the first full-length presentation of a republican alternative to the liberal and communitarian theories that have dominated political philosophy in recent years. The latest addition to the acclaimed Oxford Political Theory series, Pettit's eloquent and compelling account opens with an examination of the traditional republican conception of freedom as non-domination, contrasting this with established negative and positive views of liberty. The first part of the book traces the rise and decline of this conception, displays its many attractions, and makes a case for why it should still be regarded as a central political ideal. The second part of the book looks at what the implementation of the ideal would require with regard to substantive policy-making, constitutional and democratic design, regulatory control and the relation between state and civil society. Prominent in this account is a novel concept of democracy, under which government is exposed to systematic contestation, and a vision of state-societal relations founded upon civility and trust. Pettit's powerful and insightful new work offers not only a unified, theoretical overview of the many strands of republican ideas, but also a new and sophisticated perspective on studies in related fields including the history of ideas, jurisprudence, and criminology.
Book Synopsis Republicanism by : Philip Pettit
Download or read book Republicanism written by Philip Pettit and published by Oxford University Press. This book was released on 1997 with total page 317 pages. Available in PDF, EPUB and Kindle. Book excerpt: This is the first full-length presentation of a republican alternative to the liberal and communitarian theories that have dominated political philosophy in recent years. The latest addition to the acclaimed Oxford Political Theory series, Pettit's eloquent and compelling account opens with an examination of the traditional republican conception of freedom as non-domination, contrasting this with established negative and positive views of liberty. The first part of the book traces the rise and decline of this conception, displays its many attractions, and makes a case for why it should still be regarded as a central political ideal. The second part of the book looks at what the implementation of the ideal would require with regard to substantive policy-making, constitutional and democratic design, regulatory control and the relation between state and civil society. Prominent in this account is a novel concept of democracy, under which government is exposed to systematic contestation, and a vision of state-societal relations founded upon civility and trust. Pettit's powerful and insightful new work offers not only a unified, theoretical overview of the many strands of republican ideas, but also a new and sophisticated perspective on studies in related fields including the history of ideas, jurisprudence, and criminology.
The use of referendums around the world has grown remarkably in the past thirty years and, in particular, referendums are today deployed more than ever in the settlement of constitutional questions, even in countries with little or no tradition of direct democracy. This is the first book by a constitutional theorist to address the implications of this development for constitutional democracy in a globalizing age, when many of the older certainties surrounding sovereignty and constitutional authority are coming under scrutiny. The book identifies four substantive constitutional processes where the referendum is regularly used today: the founding of new states; the creation or amendment of constitutions; the establishment of complex new models of sub-state autonomy, particularly in multinational states; and the transfer of sovereign powers from European states to the European Union. The book, as a study in constitutional theory, addresses the challenges this phenomenon poses not only for particular constitutional orders, which are typically structured around a representative model of democracy, but for constitutional theory more broadly. The main theoretical focus of the book is the relationship between the referendum and democracy. It addresses the standard criticisms which the referendum is subjected to by democratic theorists and deploys both civic republican theory and the recent turn in deliberative democracy to ask whether by good process-design the constitutional referendum is capable of facilitating the engagement of citizens in deliberative acts of constitution-making. With the referendum firmly established as a fixture of contemporary constitutionalism, the book addresses the key question for constitutional theorists and practitioners of how might its operation be made more democratic in age of constitutional transformation.
Book Synopsis Constitutional Referendums by : Stephen Tierney
Download or read book Constitutional Referendums written by Stephen Tierney and published by OUP Oxford. This book was released on 2012-04-05 with total page 352 pages. Available in PDF, EPUB and Kindle. Book excerpt: The use of referendums around the world has grown remarkably in the past thirty years and, in particular, referendums are today deployed more than ever in the settlement of constitutional questions, even in countries with little or no tradition of direct democracy. This is the first book by a constitutional theorist to address the implications of this development for constitutional democracy in a globalizing age, when many of the older certainties surrounding sovereignty and constitutional authority are coming under scrutiny. The book identifies four substantive constitutional processes where the referendum is regularly used today: the founding of new states; the creation or amendment of constitutions; the establishment of complex new models of sub-state autonomy, particularly in multinational states; and the transfer of sovereign powers from European states to the European Union. The book, as a study in constitutional theory, addresses the challenges this phenomenon poses not only for particular constitutional orders, which are typically structured around a representative model of democracy, but for constitutional theory more broadly. The main theoretical focus of the book is the relationship between the referendum and democracy. It addresses the standard criticisms which the referendum is subjected to by democratic theorists and deploys both civic republican theory and the recent turn in deliberative democracy to ask whether by good process-design the constitutional referendum is capable of facilitating the engagement of citizens in deliberative acts of constitution-making. With the referendum firmly established as a fixture of contemporary constitutionalism, the book addresses the key question for constitutional theorists and practitioners of how might its operation be made more democratic in age of constitutional transformation.
Republican Principles in International Law considers the fundamental requirements of a just world order, as applied to public international law. This book sets the standard for legitimate government, both within and beyond the jurisdiction of separate states and nations.
Book Synopsis Republican Principles in International Law by : M. Sellers
Download or read book Republican Principles in International Law written by M. Sellers and published by Springer. This book was released on 2006-03-07 with total page 266 pages. Available in PDF, EPUB and Kindle. Book excerpt: Republican Principles in International Law considers the fundamental requirements of a just world order, as applied to public international law. This book sets the standard for legitimate government, both within and beyond the jurisdiction of separate states and nations.
This book describes the origins of the concept of liberty in the legal and political thought of Rome, Italy, England, France and the United States of America. Professor Sellers traces the development of liberty and republican government over two centuries of European history, in association with liberal ideas. This study reveals republicanism as the parent of liberalism in modern law and politics, and demonstrates the continuing value of republican ideas in securing the liberty of contemporary states and their citizens.
Book Synopsis The Sacred Fire of Liberty by : M. Sellers
Download or read book The Sacred Fire of Liberty written by M. Sellers and published by Palgrave Macmillan. This book was released on 1998-09-14 with total page 201 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book describes the origins of the concept of liberty in the legal and political thought of Rome, Italy, England, France and the United States of America. Professor Sellers traces the development of liberty and republican government over two centuries of European history, in association with liberal ideas. This study reveals republicanism as the parent of liberalism in modern law and politics, and demonstrates the continuing value of republican ideas in securing the liberty of contemporary states and their citizens.
Realism, the dominant theory of international relations, particularly regarding security, seems compelling in part because of its claim to embody so much of Western political thought from the ancient Greeks to the present. Its main challenger, liberalism, looks to Kant and nineteenth-century economists. Despite their many insights, neither realism nor liberalism gives us adequate tools to grapple with security globalization, the liberal ascent, and the American role in their development. In reality, both realism and liberalism and their main insights were largely invented by republicans writing about republics. The main ideas of realism and liberalism are but fragments of republican security theory, whose primary claim is that security entails the simultaneous avoidance of the extremes of anarchy and hierarchy, and that the size of the space within which this is necessary has expanded due to technological change. In Daniel Deudney's reading, there is one main security tradition and its fragmentary descendants. This theory began in classical antiquity, and its pivotal early modern and Enlightenment culmination was the founding of the United States. Moving into the industrial and nuclear eras, this line of thinking becomes the basis for the claim that mutually restraining world government is now necessary for security and that political liberty cannot survive without new types of global unions. Unique in scope, depth, and timeliness, Bounding Power offers an international political theory for our fractious and perilous global village.
Book Synopsis Bounding Power by : Daniel H. Deudney
Download or read book Bounding Power written by Daniel H. Deudney and published by Princeton University Press. This book was released on 2010-12-16 with total page 410 pages. Available in PDF, EPUB and Kindle. Book excerpt: Realism, the dominant theory of international relations, particularly regarding security, seems compelling in part because of its claim to embody so much of Western political thought from the ancient Greeks to the present. Its main challenger, liberalism, looks to Kant and nineteenth-century economists. Despite their many insights, neither realism nor liberalism gives us adequate tools to grapple with security globalization, the liberal ascent, and the American role in their development. In reality, both realism and liberalism and their main insights were largely invented by republicans writing about republics. The main ideas of realism and liberalism are but fragments of republican security theory, whose primary claim is that security entails the simultaneous avoidance of the extremes of anarchy and hierarchy, and that the size of the space within which this is necessary has expanded due to technological change. In Daniel Deudney's reading, there is one main security tradition and its fragmentary descendants. This theory began in classical antiquity, and its pivotal early modern and Enlightenment culmination was the founding of the United States. Moving into the industrial and nuclear eras, this line of thinking becomes the basis for the claim that mutually restraining world government is now necessary for security and that political liberty cannot survive without new types of global unions. Unique in scope, depth, and timeliness, Bounding Power offers an international political theory for our fractious and perilous global village.
