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Full-Text Articles in Law
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 …
Op-Ed: Banning Protesters An Attack On Democracy, Stephen D'Arcy
Op-Ed: Banning Protesters An Attack On Democracy, Stephen D'Arcy
Stephen D'Arcy
A defence of academic freedom at Western U.
From Undemocratic To Democratic Civil Society: Japan's Volunteer Fire Departments, Mary Alice Haddad
From Undemocratic To Democratic Civil Society: Japan's Volunteer Fire Departments, Mary Alice Haddad
Mary Alice Haddad
How do undemocratic civic organizations become compatible with democratic civil society? How do local organizations merge older patriarchal, hierarchical values and practices with newer more egalitarian, democratic ones? This article tells the story of how volunteer fire departments have done this in Japan. Their transformation from centralized war instrument of an authoritarian regime to local community safety organization of a full-fledged democracy did not happen overnight. A slow process of demographic and value changes helped the organization adjust to more democratic social values and practices. The way in which this organization made the transition offers important lessons for emerging democracies …