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Full-Text Articles in Arts and Humanities
Reconciling Positivism And Realism: Kelsen And Habermas On Democracy And Human Rights, David Ingram
Reconciling Positivism And Realism: Kelsen And Habermas On Democracy And Human Rights, David Ingram
David Ingram
It is well known that Hans Kelsen and Jürgen Habermas invoke realist arguments drawn from social science in defending an international, democratic human rights regime against Carl Schmitt’s attack on the rule of law. However, despite embracing the realist spirit of Kelsen’s legal positivism, Habermas criticizes Kelsen for neglecting to connect the rule of law with a concept of procedural justice (Part I). I argue, to the contrary (Part II), that Kelsen does connect these terms, albeit in a manner that may be best described as functional, rather than conceptual. Indeed, whereas Habermas tends to emphasize a conceptual connection between …
Does Political Islam Conflict With Secular Democracy? Philosophical Reflections On Religion And Politics, David Ingram
Does Political Islam Conflict With Secular Democracy? Philosophical Reflections On Religion And Politics, David Ingram
David Ingram
Abstract: This paper rebuts the thesis that political Islam conflicts with secular democracy. More precisely, it examines three sorts of claims that ostensibly support this thesis: (a) The Muslim religion is incompatible with secular democracy; (b) No Muslim country has instituted secular democracy; and (c) No movement seeking to advance its agenda as aggressively as political Islam does can do so with the degree of moderation required of a political party that is committed to secular democracy. Theologians, philosophers, and political scientists have debated (a) through (c) within the jurisdiction of their respective fields. I propose to combine these debates …
Democratic Development And The Public Sphere: The Rights To Hear And Be Heard In Ghana, Duke Law School Seminar And Fact-Finding Trip To Ghana
Democratic Development And The Public Sphere: The Rights To Hear And Be Heard In Ghana, Duke Law School Seminar And Fact-Finding Trip To Ghana
Duke Law Student Papers Series
No abstract provided.
Reconciling Positivism And Realism: Kelsen And Habermas On Democracy And Human Rights, David Ingram
Reconciling Positivism And Realism: Kelsen And Habermas On Democracy And Human Rights, David Ingram
Philosophy: Faculty Publications and Other Works
It is well known that Hans Kelsen and Jürgen Habermas invoke realist arguments drawn from social science in defending an international, democratic human rights regime against Carl Schmitt’s attack on the rule of law. However, despite embracing the realist spirit of Kelsen’s legal positivism, Habermas criticizes Kelsen for neglecting to connect the rule of law with a concept of procedural justice (Part I). I argue, to the contrary (Part II), that Kelsen does connect these terms, albeit in a manner that may be best described as functional, rather than conceptual. Indeed, whereas Habermas tends to emphasize a conceptual connection between …
Six Ideal Types Of Public Engagement With Science And Technology: Reflections On Capital, Legitimacy And Models Of Democracy, Nicola J. Marks
Six Ideal Types Of Public Engagement With Science And Technology: Reflections On Capital, Legitimacy And Models Of Democracy, Nicola J. Marks
Faculty of Law, Humanities and the Arts - Papers (Archive)
A number of researchers have been analysing apparent shifts from top-down approaches to public engagement with science and technology towards more participatory ones. Some have revealed the existence of often unacknowledged assumptions about how science and public should interact. These normative visions shape public engagement and may go against any shift towards inclusiveness. To further probe this, interviews with 41 stem cell scientists were carried out. They reveal diverse normative visions of publics, scientists, dialogue, relevant technical and political capital, and scientific citizenship. From this, six ideal types of public engagement with science and technology are constructed and connected to …