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Bentham's writings for the French Revolution were dominated by the themes of rights, representation, and reform. In 'Nonsense upon Stilts' (hitherto known as 'Anarchical Fallacies'), the most devastating attack on the theory of natural rights ever written, he argued that natural rights provided an unsuitable basis for stable legal and political arrangements. In discussing the nature of representation he produced the earliest utilitarian justification of political equality and representative democracy, even recommending women's suffrage.
Throughout this century, reformers have fought to eliminate party control of city politics. As a result, the majority of American cities today elect council members in at-large and nonpartisan elections. This result of the turn-of-the-century Progressive movement, which worked for election rules that eliminated the power of the urban machine and the working class on which it was based, is today still a subject of lively debate. For example, in the mid-1980s, regular Democrats in Chicago sought to institute a nonpartisan mayoral election. Supporters thought that reform would make the electoral process more democratic, while opponents charged that it was meant to dilute the voting powers of blacks. Clearly, the effect of urban reform remains an important issue for scholars and politicians alike. Susan Welch and Timothy Bledsoe clarify a portion of the debate by investigating how election structures affect candidates and the nature of representation. They examine the different effects of district versus at-large elections and of partisan versus nonpartisan elections. Who gets elected? Are representatives' socioeconomic status and party affiliation related to election form? Are election structures related to how those who are elected approach their jobs? Do they see themselves as representatives concerned with the good of the city as a whole? Urban Reform and Its Consequences reports an unprecedented wealth of data drawn from a sample of nearly 1,000 council members and communities with populations between 50,000 and 1 million across 42 states. The sample includes communities that use a variety of election procedures. This study is therefore the most comprehensive and accurate to date. Welch and Bledsoe conclude that nonpartisan and at-large elections do give city councils a more middle- and upper-middle-class character and have changed the way representatives view their jobs. Reform measures have not, however, produced councils that are significantly more conservative or more prone to conflict. Overall, the authors conclude that partisan and district elections are more likely to represent the whole community and to make the council more accountable to the electorate.
The notion of 'representative democracy' seems unquestionably familiar today, but how did the Victorians understand democracy, parliamentary representation, and diversity?
In this lively analysis, Daniel Wirls examines the Senate in relation to our other institutions of government and the constitutional system as a whole, exposing the role of the "world’s greatest deliberative body" in undermining effective government and maintaining white supremacy in America. As Wirls argues, from the founding era onward, the Senate constructed for itself an exceptional role in the American system of government that has no firm basis in the Constitution. This self-proclaimed exceptional status is part and parcel of the Senate’s problematic role in the governmental process over the past two centuries, a role shaped primarily by the combination of equal representation among states and the filibuster, which set up the Senate’s clash with modern democracy and effective government and has contributed to the contemporary underrepresentation of minority members. As he explains, the Senate’s architecture, self-conception, and resulting behavior distort rather than complement democratic governance and explain the current gridlock in Washington, D.C. If constitutional changes to our institutions are necessary for better governance, then how should the Senate be altered to be part of the solution rather than part of the problem? This book provides one answer.
America is a nation founded on justice and the rule of law. But our laws are too complex, and legal advice too expensive, for poor and even middle-class Americans to get help and vindicate their rights. Criminal defendants facing jail time may receive an appointed lawyer who is juggling hundreds of cases and immediately urges them to plead guilty. Civil litigants are even worse off; usually, they get no help at all navigating the maze of technical procedures and rules. The same is true of those seeking legal advice, like planning a will or negotiating an employment contract. Rebooting Justice presents a novel response to longstanding problems. The answer is to use technology and procedural innovation to simplify and change the process itself. In the civil and criminal courts where ordinary Americans appear the most, we should streamline complex procedures and assume that parties will not have a lawyer, rather than the other way around. We need a cheaper, simpler, faster justice system to control costs. We cannot untie the Gordian knot by adding more strands of rope; we need to cut it, to simplify it.
6 Party Government and Responsiveness: James A. Stimson
This book studies how American political reform efforts often fail because of the unrealistic ideal of a fully informed and engaged citizenry.
The United States has not updated the Electoral College system since the Twelfth Amendment was ratified in 1804, despite public opinion polls showing a majority of Americans are in favor of changing or outright abolishing it. So why hasn't the United States reformed this system? Electoral College Reform brings together new essays examining all aspects of this crucial debate, including the reasons for reform, the issues surrounding a constitutional amendment, the effect of the Electoral College on political campaigns and the possibilities for extra-constitutional avenues to change. The authors consider both the Federalists' vision of balanced representation and a more democratic and equality-based ideal. These competing frameworks, perhaps more than any other factor, account for centuries of American indecision on this key issue. By offering an unprecedented and carefully researched analysis of an always controversial subject, this volume explores the potential for changing a system that many contend is long overdue.
This book raises questions about one of the key institutions of American government, the United States Senate, and should be of interest to anyone concerned with issues of representation.
The thesis of this original and provocative book is that representative government should be understood as a combination of democratic and undemocratic, aristocratic elements. Professor Manin challenges the conventional view that representative democracy is no more than an indirect form of government by the people, in which citizens elect representatives only because they cannot assemble and govern in person. The argument is developed by examining the historical moments when the present institutional arrangements were chosen from among the then available alternatives. Professor Manin reminds us that while today representative institutions and democracy appear as virtually indistinguishable, when representative government was first established in Europe and America, it was designed in opposition to democracy proper. Drawing on the procedures used in earlier republican systems, from classical Athens to Renaissance Florence, in order to highlight the alternatives that were forsaken, Manin brings to the fore the generally overlooked results of representative mechanisms. These include the elitist aspect of elections and the non-binding character of campaign promises.