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This text examines the relationship between the idea of legitimacy of law in a democratic system and equality. It seeks to demonstrate how a conception of democratic legitimacy is necessary for understanding and reconciling equality and political legitimacy.
Why do citizens in pluralist democracies disagree collectively about the very values they agree on individually? This provocative book highlights the inescapable conflicts of rights and values at the heart of democratic politics. Based on interviews with thousands of citizens and political decision makers, the book focuses on modern Canadian politics, investigating why a country so fortunate in its history and circumstances is on the brink of dissolution. Taking advantage of new techniques of computer-assisted interviewing, the authors explore the politics of a wide array of issues, from freedom of expression to public funding of religious schools to government wiretapping to antihate legislation, analyzing not only why citizens take the positions they do but also how easily they can be talked out of them. In the process, the authors challenge a number of commonly held assumptions about democratic politics. They show, for example, that political elites do not constitute a special bulwark protecting civil liberties; that arguments over political rights are as deeply driven by commitment to the master values of democratic politics as by failure to understand them; and that consensus on the rights of groups is inherently more fragile than on the rights of individuals.
What is the ethical basis of democracy? And what reasons do we have to go along with democratic decisions even when we disagree with them? And when do we have reason to say that we may justly ignore democratic decisions? These questions must be answered if we are to have answers to some of the most important questions facing our global community, which include whether there is a human right to democracy and whether we must attempt to spread democracy throughout the globe. This book provides a philosophical account of the moral foundations of democracy and of liberalism. It shows how democracy and basic liberal rights are grounded in the principle of public equality, which tells us that in the establishment of law and policy we must treat persons as equals in ways they can see are treating them as equals. The principle of public equality is shown to be the fundamental principle of social justice. This account enables us to understand the nature and roles of adversarial politics and public deliberation in political life. It gives an account of the grounds of the authority of democracy. It also shows when the authority of democracy runs out. The author shows how the violations of democratic and liberal rights are beyond the legitimate authority of democracy, how the creation of persistent minorities in a democratic society, and the failure to ensure a basic minimum for all persons weaken the legitimate authority of democracy.
At an unsettled time for liberal democracy, with global eruptions of authoritarian and arbitrary rule, here is one of the first full-fledged philosophical accounts of what makes governments legitimate. What makes a government legitimate? The dominant view is that public officials have the right to rule us, even if they are unfair or unfit, as long as they gain power through procedures traceable to the consent of the governed. In this rigorous and timely study, Arthur Isak Applbaum argues that adherence to procedure is not enough: even a properly chosen government does not rule legitimately if it fails to protect basic rights, to treat its citizens as political equals, or to act coherently. How are we to reconcile every person’s entitlement to freedom with the necessity of coercive law? Applbaum’s answer is that a government legitimately governs its citizens only if the government is a free group agent constituted by free citizens. To be a such a group agent, a government must uphold three principles. The liberty principle, requiring that the basic rights of citizens be secured, is necessary to protect against inhumanity, a tyranny in practice. The equality principle, requiring that citizens have equal say in selecting who governs, is necessary to protect against despotism, a tyranny in title. The agency principle, requiring that a government’s actions reflect its decisions and its decisions reflect its reasons, is necessary to protect against wantonism, a tyranny of unreason. Today, Applbaum writes, the greatest threat to the established democracies is neither inhumanity nor despotism but wantonism, the domination of citizens by incoherent, inconstant, and incontinent rulers. A government that cannot govern itself cannot legitimately govern others.
This book is about the status of political equality under global political conditions. If political equality generally is considered a core feature of democracy, it has received little attention among theorists concerned with global governance. Given the enormous emphasis on democracy as legitimizing factor in global politics, this neglect is noteworthy. This book sets out to address what accounts for the neglect, on the one hand, and how it may be remedied, on the other. The overall aim is to revitalize the debate on the status of political equality in transnational democracy.
This paper claims that the intuitive and widespread legitimating power of majority rule (MR) arises from the link between majority rule and the principle of equality of political opportunity. The egalitarian character of MR is established by exploring puzzles in democratic theory, such as the insensitivity of democratic voting procedures to unequal intensity of citizens' preferences, and the relationship between the principle of unanimity (sometimes thought better to respect citizens' equality) and MR. Special attention is directed to the relationship between political equality and equality in the outcomes of political decisions: The claim is made that the language of equal political opportunity captures well the idea of equal political influence, in the circumstance of disagreement about what is required to achieve equal treatment through the outcomes of political decisions.
Derived from Thomas Nagel's Locke Lectures, Equality and Partiality proposes a nonutopian account of political legitimacy, based on the need to accommodate both personal and impersonal motives in any credible moral theory, and therefore in any political theory with a moral foundation. Within each individual, Nagel believes, there is a division between two standpoints, the personal and the impersonal. Without the impersonal standpoint, there would be no morality, only the clash, compromise, and occasional convergence of individual perspectives. It is because a human being does not occupy only his own point of view that each of us is susceptible to the claims of others through private and public morality. Political systems, to be legitimate, must achieve an integration of these two standpoints within the individual. These ideas are applied to specific problems such as social and economic inequality, toleration, international justice, and the public support of culture. Nagel points to the problem of balancing equality and partiality as the most important issue with which political theorists are now faced.
This book examines the political perspective of French thinker and historian Jacques Ranci&ère. Ranci&ère argues that a democratic politics emerges out of people&’s acting under the presupposition of their own equality with those better situated in the social hierarchy. Todd May examines and extends this presupposition, offering a normative framework for understanding it, placing it in the current political context, and showing how it challenges traditional political philosophy and opens up neglected political paths. He demonstrates that the presupposition of equality orients political action around those who act on their own behalf&—and those who act in solidarity with them&—rather than, as with the political theories of John Rawls, Robert Nozick, and Amartya Sen, those who distribute the social goods. As May argues, Ranci&ère&’s view offers both hope and perspective for those who seek to think about and engage in progressive political action.
"Most chapters in this volume were first presented at a symposium held at the University of Bern in December 2006"--Page ix.