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Articles 1 - 4 of 4
Full-Text Articles in Social and Behavioral Sciences
The Role Of Recognition In Kelsen's Account Of Legal Obligation And Political Duty, David Ingram
The Role Of Recognition In Kelsen's Account Of Legal Obligation And Political Duty, David Ingram
Philosophy: Faculty Publications and Other Works
Kelsen’s critique of absolute sovereignty famously appeals to a basic norm of international recognition. However, in his discussion of legal obligation, generally speaking, he notoriously rejects mutual recognition as having any normative consequence. I argue that this apparent contradiction in Kelsen's estimate regarding the normative force of recognition is resolved in his dynamic account of the democratic generation of law. Democracy is embedded within a modern political ethos that obligates legal subjects to recognize each other along four dimensions: as contractors whose mutually beneficial cooperation measures esteem by fair standards of contribution; as autonomous agents endowed with equal rights; as …
How Secular Should Democracy Be? A Cross-Disciplinary Study Of Catholicism And Islam In Promoting Public Reason, David Ingram, David Ingram
How Secular Should Democracy Be? A Cross-Disciplinary Study Of Catholicism And Islam In Promoting Public Reason, David Ingram, David Ingram
Philosophy: Faculty Publications and Other Works
I argue that the same factors (strategic and principled) that motivated Catholicism to champion liberal democracy are the same that motivate 21st Century Islam to do the same. I defend this claim by linking political liberalism to democratic secularism. Distinguishing institutional, political, and epistemic dimensions of democratic secularism, I show that moderate forms of political and epistemic secularism are most conducive to fostering the kind of public reasoning essential to democratic legitimacy. This demonstration draws upon the ambivalent impact of Indonesia’s Islamic parties in advancing universal social justice aims as against more sectarian policies.
The Public Sphere As Site Of Emancipation And Enlightenment: A Discourse Theoretic Critique Of Digital Communication, David Ingram, Asaf Bar-Tura
The Public Sphere As Site Of Emancipation And Enlightenment: A Discourse Theoretic Critique Of Digital Communication, David Ingram, Asaf Bar-Tura
Philosophy: Faculty Publications and Other Works
Habermas claims that an inclusive public sphere is the only deliberative forum for generating public opinion that satisfies the epistemic and normative conditions underlying legitimate decision-making. He adds that digital technologies and other mass media need not undermine – but can extend – rational deliberation when properly instituted. This paper draws from social epistemology and technology studies to demonstrate the epistemic and normative limitations of this extension. We argue that current online communication structures fall short of satisfying the required epistemic and normative conditions. Furthermore, the extent to which Internet-based communications contribute to legitimate democratic opinion and will formation depends …
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 …