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Hans Kelsen is widely recognized as one of the most important legal theorists of the 20th century. Surprisingly, however, his political writings are not nearly as widely known as his legal theory, especially in the English-speaking world. This book fills the void between what is and isn't known about Hans Kelsen's political philosophy, and the ways that philosophy has and will continue to shape political debates inherent to democracy in the future. For the first time in English, this classic book - with an introduction by political theorist Nadia Urbinati - provides an overview of Kelsen's career and his contributions to 20th century political thought.
Hans Kelsen is widely recognized as one of the most important legal theorists of the 20th century. Surprisingly, however, his political writings are not nearly as widely known as his legal theory, especially in the English-speaking world. This book fills the void between what is and isn't known about Hans Kelsen's political philosophy, and the ways that philosophy has and will continue to shape political debates inherent to democracy in the future. For the first time in English, this classic book - with an introduction by political theorist Nadia Urbinati - provides an overview of Kelsen's career and his contributions to 20th century political thought.
This selection of the major works of constitutional theory during the Weimar period reflects the reactions of legal scholars to a state in permanent crisis, a society in which all bets were off. Yet the Weimar Republic's brief experiment in constitutionalism laid the groundwork for the postwar Federal Republic, and today its lessons can be of use to states throughout the world. Weimar legal theory is a key to understanding the experience of nations turning from traditional, religious, or command-and-control forms of legitimation to the rule of law. Only two of these authors, Hans Kelsen and Carl Schmitt, have been published to any extent in English, but they and the others whose writings are translated here played key roles in the political and constitutional struggles of the Weimar Republic. Critical introductions to all the theorists and commentaries on their works have been provided by experts from Austria, Canada, Germany, and the United States. In their general introduction, the editors place the Weimar debate in the context of the history and politics of the Weimar Republic and the struggle for constitutionalism in Germany. This critical scrutiny of the Weimar jurisprudence of crisis offers an invaluable overview of the perils and promise of constitutional development in states that lack an entrenched tradition of constitutionalism.
Hans Kelsen is commonly associated with legal theory and philosophy of law. Democracy in Its Essence: Hans Kelsen as a Political Thinker instead investigates Kelsen’s democratic theory as it developed between the 1920s and 1950s, which challenged the existence of democracies in many different respects. Kelsen provided a critical reflection on the strengths and problems of living within a democratic system, while also defending it against a series of specific targets: from the Soviet regime and Bolshevism to European Fascisms, from religious-based conceptions of politics to those claiming a perfect identity between capitalism and classical liberal institutions, and chiefly against all those ideologies claiming to possess objective understanding of what true freedom and true democracy signify. By seeking what he defined as the “essence” and “value” of democracy, Kelsen elaborated a pluralist, relativist, constitutional, proceduralist, and liberal theory of representative democracy, characterized by a strong recall to the values of tolerance, responsibility, and respect toward “the other” as well as to the idea of politics as space for compromise. In this book, Sara Lagi reconstructs his political theory as a relevant contribution to the twentieth-century liberal-democratic tradition of thought, while representing a stimulating reflection on the meaning and implication of democracy both as a political system and as a form of co-existence.
Do religious arguments have a public role in the post-9/11 world? Can we hold democracy together despite fractures over moral issues? Are there moral limits on the struggle against terror? Asking how the citizens of modern democracy can reason with one another, this book carves out a controversial position between those who view religious voices as an anathema to democracy and those who believe democratic society is a moral wasteland because such voices are not heard. Drawing inspiration from Whitman, Dewey, and Ellison, Jeffrey Stout sketches the proper role of religious discourse in a democracy. He discusses the fate of virtue, the legacy of racism, the moral issues implicated in the war on terrorism, and the objectivity of ethical norms. Against those who see no place for religious reasoning in the democratic arena, Stout champions a space for religious voices. But against increasingly vocal antiliberal thinkers, he argues that modern democracy can provide a moral vision and has made possible such moral achievements as civil rights precisely because it allows a multitude of claims to be heard. Stout's distinctive pragmatism reconfigures the disputed area where religious thought, political theory, and philosophy meet. Charting a path beyond the current impasse between secular liberalism and the new traditionalism, Democracy and Tradition asks whether we have the moral strength to continue as a democratic people as it invigorates us to retrieve our democratic virtues from very real threats to their practice.
Examining 36 democracies from 1945 to 2010, this text arrives at conclusions about what type of democracy works best. It demonstrates that consensual systems stimulate economic growth, control inflation and unemployment, and limit budget deficits.
Principles to realization - Cherif Bassiouni
Hope for American democracy in an era of deep divisions In Healing the Heart of Democracy, Parker J. Palmer quickens our instinct to seek the common good and gives us the tools to do it. This timely, courageous and practical work—intensely personal as well as political—is not about them, "those people" in Washington D.C., or in our state capitals, on whom we blame our political problems. It's about us, "We the People," and what we can do in everyday settings like families, neighborhoods, classrooms, congregations and workplaces to resist divide-and-conquer politics and restore a government "of the people, by the people, for the people." In the same compelling, inspiring prose that has made him a bestselling author, Palmer explores five "habits of the heart" that can help us restore democracy's foundations as we nurture them in ourselves and each other: An understanding that we are all in this together An appreciation of the value of "otherness" An ability to hold tension in life-giving ways A sense of personal voice and agency A capacity to create community Healing the Heart of Democracy is an eloquent and empowering call for "We the People" to reclaim our democracy. The online journal Democracy & Education called it "one of the most important books of the early 21st Century." And Publishers Weekly, in a Starred Review, said "This beautifully written book deserves a wide audience that will benefit from discussing it."
Although the last half of the twentieth century has been called the Age of Democracy, the twenty-first has already demonstrated the fragility of its apparent triumph as the dominant form of government throughout the world. Reassessing the fate of democracy for our time, distinguished political theorist Ralph Ketcham traces the evolution of this idea over the course of four hundred years. He traces democracy's bumpy ride in a book that is both an exercise in the history of ideas and an explication of democratic theory. Ketcham examines the rationales for democratic government, identifies the fault lines that separate democracy from good government, and suggests ways to strengthen it in order to meet future challenges. Drawing on an encyclopedic command of history and politics, he examines the rationales that have been offered for democratic government over the course of four manifestations of modernity that he identifies in the Western and East Asian world since 1600. Ketcham first considers the fundamental axioms established by theorists of the Enlightenment—Bacon, Locke, Jefferson—and reflected in America's founding, then moves on to the mostly post-Darwinian critiques by Bentham, Veblen, Dewey, and others that produced theories of the liberal corporate state. He explains late-nineteenth-century Asian responses to democracy as the third manifestation, grounded in Confucian respect for communal and hierarchical norms, followed by late-twentieth-century postmodernist thought that views democratic states as oppressive and seeks to empower marginalized groups. Ketcham critiques the first, second, and fourth modernity rationales for democracy and suggests that the Asian approach may represent a reconciliation of ancient wisdom and modern science better suited to today's world. He advocates a reorientation of democracy that de-emphasizes group or identity politics and restores the wholeness of the civic community, proposing a return to the Jeffersonian universalism—that which informed the founding of the United States—if democracy is to flourish in a fifth manifestation. The Idea of Democracy in the Modern Era is an erudite, interdisciplinary work of great breadth and complexity that looks to the past in order to reframe the future. With its global overview and comparative insights, it will stimulate discussion of how democracy can survive-and thrive-in the coming era.