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Full-Text Articles in Law
The Maze Of Life Styles, Enrique Barros Bourie
The Maze Of Life Styles, Enrique Barros Bourie
Enrique Barros Bourie
This essay looks at the frustrations and challenges facing a pluralistic society in the context of general liberal institutions, such as democracy, the market and the rules and regulations that underwrite personal autonomy. It is the author’s opinion that the principal challenge to such a pluralistic society, a society which owes its origin to liberal institutions, is a personal one and is related to the many life styles that are made possible in such a society. Liberal institutions open numerous possibilities for living in very different ways, so that the problem here is caused not by a lack of them …
Democracy As A Form Of Power: A Regulatory Focus, Enrique Barros Bourie
Democracy As A Form Of Power: A Regulatory Focus, Enrique Barros Bourie
Enrique Barros Bourie
The essay investigates the regulatory background of the modern constitutional democracy. Its principal theory is that democracy is, above all, a system of government and as such, is inseparable from the need for an established and efficient public power. The paper contests the collectivist idea that wide social consensus could substitute for public decisions. In doing so, it restates the difference between the organic and representative concepts of democracy. It also shows how the constitutional tradition combines with an instrumental and demystified concept of public power. Government is indispensable but also tamable. From this perspective, democracy and the Constitution are …