Social and Behavioral Sciences | Open Access Articles

'Democratic Taxation' And Quantifiable Action: Scientizing Dilemmas, Mindy Peden Jul 2008

'Democratic Taxation' And Quantifiable Action: Scientizing Dilemmas, Mindy Peden

Mindy Peden

Against the easy presupposition that such a thing as 'democratic taxation' not only exists but is also practicable, this paper points to the dilemma posed by what I call 'quantifiable action.' The essay develops an approach to theorizing the place of taxation in political theory that counters trends in fiscal sociology, political science, and liberal theory by highlighting how taxation presumably violates the requirement that self-government includes an absence of instrumental rationality on the part of democratic citizens. For this reason, taxation presents a persistent problem for any concept of self-government, and may usefully be regarded as a technology of …

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Modern Constitutional Democracy And Imperialism, James Tully Jul 2008

Modern Constitutional Democracy And Imperialism, James Tully

Osgoode Hall Law Journal

To what extent is the development of modern constitutional democracy as a state form in the West and its spread around the world implicated in western imperialism? This has been a leading question of legal scholarship over the last thirty years. James Tully draws on this scholarship to present a preliminary answer. Part I sets out seven central features of modern constitutional democracy and its corresponding international institutions of law and government. Part II sets out three major imperial roles that these legal and political institutions have played, and continue to play. And finally, Part III surveys ways in which …

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The Constitutive Paradox Of Modern Law: A Comment On Tully, Ruth Buchanan Jul 2008

The Constitutive Paradox Of Modern Law: A Comment On Tully, Ruth Buchanan

Osgoode Hall Law Journal

This commentary draws out and elaborates upon some of the more challenging aspects of Professor Tully's sophisticated taxonomy of the relationship between modern constitutional forms and constituent powers. Tully's article reveals the historical particularities of these formations, and at the same time encourages the reader to think beyond them, towards the potentially uncategorizable realm of democratic constitutionalism. Yet, how is it possible to use a taxonomy of modern constitutional democracy as a means of understanding what ties in the uncharted territory beyond? This commentary further explores to what extent this paradoxical modern configuration of constituent powers and constitutional forms may …

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Democratic Failure: Tracking The Ebb Of Democracy's Flow, 1800–2006, Sanja E. Sray Jan 2008

Democratic Failure: Tracking The Ebb Of Democracy's Flow, 1800–2006, Sanja E. Sray

Graduate Program in International Studies Theses & Dissertations

Scant attention has focused on the systematic study of democratic failure. This dissertation partially corrects this oversight. Tracing the roots of antidemocratic sentiment across the centuries, it first argues that the advance of institutions, fueled by underlying shifts in values and innovation in political philosophy, was key to freeing democracy from its bondage as a most disparaged form of governance. Focusing on the measurable aspects of these institutions, the study focuses on describing patterns of behavior when democracies fail. First, it shows that there have been clusters of democratic failure. These clusters, or counterwaves, find their roots in ancient antidemocratic …

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Sovereignty As Discourse, Robert Tsai Dec 2007

Sovereignty As Discourse, Robert Tsai

Robert L Tsai

This is a review of Howard Schweber's book, "The Language of Liberal Constitutionalism" (Cambridge University Press, 2007). Schweber argues that "the creation of a legitimate constitutional regime depends on a prior commitment to employ constitutional language, and that such a commitment is both the necessary and sufficient condition for constitution making." I critique the power and limits of this reformulated Lockean thesis, as well as Schweber's secondary claims that, for constitutional language to remain legitimate, it must increasingly become autonomous, specialized, and secular.

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Paramilitarismo, Desmovilización Y Reinserción. La Ley De Justicia Y Paz Y Sus Implicaciones En La Cultura Política, La Ciudadanía Y La Democracia En Colombia, Andrés Henao Castro, Oscar Mejía Quintana Dec 2007