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Social and Behavioral Sciences Commons™
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Full-Text Articles in Social and Behavioral Sciences
Reclaiming Egalitarianism In The Political Theory Of Campaign Finance Reform, Frank Pasquale
Reclaiming Egalitarianism In The Political Theory Of Campaign Finance Reform, Frank Pasquale
Faculty Scholarship
Recent advocacy for campaign finance reform has been based on an ideal of the democratic process which is unrealistic and unhelpful. Scholars should instead return to its egalitarian roots. This article examines how deliberative democratic theory became the main justification for campaign finance reform. It exposes the shortcomings of this deliberativist detour and instead models campaign spending as an effort to commodify issue-salience. Given this dominant function of money in politics, a more effective paradigm for reform is equalizing influence. Advocates of campaign regulation should return to the original principles of reformers; not an idealized vision of the democratic process, …
Complementary Institutions And Reflexive Governance In Autonomous Social Law, Richard R. Weiner
Complementary Institutions And Reflexive Governance In Autonomous Social Law, Richard R. Weiner
Faculty Publications
We approach institutions as stabilizing structures with consequences of functional incorporateness. Yet we also imagine, assert and enact claims and warrants as institutionalizable practices. There are functional supports. And there are the warranted claims of categorical normativity. Normativity in itself can be understood in terms of compliance with or acquiescence in legitimating structures. Yet normativity itself can be understood as a solidarism we intersubjectively co-constitute. The challenge in political thought has been dealing with the disincorporateness associated with modernity, specifically how a new order and dialogue may be of heterogeneous social values. A new way of ordering socioeconomic relationships of …