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Articles 31 - 60 of 132
Full-Text Articles in Law
Democratic Holy Wars, Christopher Kutz
Democratic Holy Wars, Christopher Kutz
Christopher Kutz
Christopher Kutz delivers the 'Or 'Emet lecture discussing democracy, the philosophy of war and intervention.
Discussion Of Christopher Kutz's 'Or 'Emet Lecture: Democratic Holy Wars, Christopher Kutz, Louis-Philippe Hodgson, François Tanguay-Renaud
Discussion Of Christopher Kutz's 'Or 'Emet Lecture: Democratic Holy Wars, Christopher Kutz, Louis-Philippe Hodgson, François Tanguay-Renaud
Christopher Kutz
Follow-up seminar on Christopher Kutz’s ‘Or ‘Emet Lecture, delivered on Thursday, February 16, 2012. Part of the Legal Philosophy Between State and Transnationalism Seminar Series. Respondents: Louis-Philippe Hodgson, York Philosophy and François Tanguay-Renaud, Osgoode Hall Law School.
Book Review: The History Of Democracy: A Marxist Interpretation By Brian S. Roper, John Passant
Book Review: The History Of Democracy: A Marxist Interpretation By Brian S. Roper, John Passant
John Passant
Brian Roper's book on the history of democracy from a Marxist perspective is an ambitious one. Roper starts with Athens and Rome and then, as capitalism rises, examines the revolutions in England, America and France and after that the 1848 revolutions across Europe. He then looks at the Paris Commune and The Russian Revolution. In doing this, Roper describes three distinct but related forms of democracy - Athenian democracy which was a form of participatory democracy limited to sections of society; liberal representative democracy which, while nominally open to all, is actually limited to operating within narrow propertied confines; and …
Democracy's Handmaid, Robert Tsai
Democracy's Handmaid, Robert Tsai
Robert L. Tsai
Democratic theory presupposes open channels of dialogue, but focuses almost exclusively on matters of institutional design writ large. The philosophy of language explicates linguistic infrastructure, but often avoids exploring the political significance of its findings. In this Article, Tsai draws from the two disciplines to reach new insights about the democracy enhancing qualities of popular constitutional language. Employing examples from the founding era, the struggle for black civil rights, the religious awakening of the last two decades, and the search for gay equality, he presents a model of constitutional dialogue that emphasizes common modalities and mobilized vernacular. According to this …
Langston Hughes: The Ethics Of Melancholy Citizenship, Robert L. Tsai
Langston Hughes: The Ethics Of Melancholy Citizenship, Robert L. Tsai
Robert L. Tsai
As a body of work, the poetry of Langston Hughes presents a vision of how members of a political community ought to comport themselves, particularly when politics yield few tangible solutions to their problems. Confronted with human degradation and bitter disappointment, the best course of action may be to abide by the ethics of melancholy citizenship. A mournful disposition is associated with four democratic virtues: candor, pensiveness, fortitude, and self-abnegation. Together, these four characteristics lead us away from democratic heartbreak and toward political renewal. Hughes’s war-themed poems offer a richly layered example of melancholy ethics in action. They reveal how …
Democracy In The Private Sector: The Rights Of Shareholders And Union Members, Michael Goldberg
Democracy In The Private Sector: The Rights Of Shareholders And Union Members, Michael Goldberg
Michael J Goldberg
In the years since Enron, there has been a lively debate over the value of shareholder democracy as a means to improve corporate performance and reduce the likelihood of future Enrons or Lehman Brothers. That debate has been enriched by comparative scholarship looking at corporate governance abroad, and comparing corporate governance with public government. This Article explores a different comparison, between corporations and their sometime adversaries across bargaining tables and picket lines – labor unions. More specifically, this article compares the regulation of corporate governance and the regulation of the internal affairs of unions, and the rights of shareholders and …
The Constitutive Paradox Of Modern Law: A Comment On Tully, Ruth Buchanan
The Constitutive Paradox Of Modern Law: A Comment On Tully, Ruth Buchanan
Ruth Buchanan
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 …
Descendants Of Realism?: Policy-Oriented International Lawyers As Guardians Of Democracy, Hengameh Saberi
Descendants Of Realism?: Policy-Oriented International Lawyers As Guardians Of Democracy, Hengameh Saberi
Hengameh Saberi
No abstract provided.
State Practice As Metaphor: A Reconciliation Approach, Patrick Kelly
State Practice As Metaphor: A Reconciliation Approach, Patrick Kelly
Patrick Kelly
State practice as metaphor is a broader idea than the empirical role of state practice in the formation of custom. State practice as used in this journal is a metaphor for all the methods and processes to increase the democratic legitimacy of international norms including not only the practices of states, but also other forms of representation by which citizens express their views. Increasingly norms are articulated and influenced by non-governmental organizations, private standard setting groups, quasi-public entities such as the Inter-Parliamentary Union and transgovernmental organizations such as the Basle Committee on Banking Supervision. With the advent of the internet, …
The European Constitution And Its Implications For China, Xingzhong Yu
The European Constitution And Its Implications For China, Xingzhong Yu
Xingzhong Yu
The European Constitution is significant not only for the European Union, but also for a developing constitutional system like that of China. The EU constitutional practice may have positive implications on China's constitutional theory and practice. In the wake of the European constitutional achievement, Chinese constitutional scholars need to re-examine their long-held conviction in the indispensable role of the state in constitutional formation and imagination. The EU experience may have provided China with valuable insights and ways to deal with its inherited ethnic problems and improve its institutions on regional autonomy for ethnic minorities. China's own constitutional experiment in Hong …
The Transformation Of South African Private Law After Twenty Years Of Democracy, 14 Nw. J. Int’L Hum. Rts. (Forthcoming 2016)., Christopher J. Roederer
The Transformation Of South African Private Law After Twenty Years Of Democracy, 14 Nw. J. Int’L Hum. Rts. (Forthcoming 2016)., Christopher J. Roederer
Christopher J. Roederer
In The Transformation of South African Private Law after Ten Years of Democracy, 37 Colum. Hum. Rts. L. Rev. 447 (2006), I evaluated the role of private law in consolidating South Africa’s constitutional democracy. There, I traced the negative effects of apartheid from public law to private law, and then to the law of delict, South Africa’s counterpart to tort law. I demonstrated that the law of delict failed to develop under apartheid and that the values animating the law of delict under apartheid were inconsistent with the values and aspirations of South Africa’s democratic transformation. By the end of …
What Can Corporations Teach Governments About Democratic Equality?, Tom W. Bell
What Can Corporations Teach Governments About Democratic Equality?, Tom W. Bell
Tom W. Bell
Democracies place great faith in the principle of one-person/one-vote. Business corporations and other private entities, in contrast, typically operate under the one-share/one-vote rule, allocating control in proportion to ownership. Why the difference? In times past, we might have cited the differing ends of public and private institutions. Whereas public democracies aim at promoting the general welfare of an entire political community, private entities aim at more specific goals, such as generating profits or managing a cooperative residence. As business entities have grown in size and in the range of services they provide, however, the distinction between public and private governance …
Estructuras De Apoyo Y Justicia Dialógica. Vías Para La Reconciliación Entre Constitucionalismo Y Democracia, Juan Luis Hernández Macías
Estructuras De Apoyo Y Justicia Dialógica. Vías Para La Reconciliación Entre Constitucionalismo Y Democracia, Juan Luis Hernández Macías
Juan Luis Hernández Macías
No abstract provided.
A Quantum Congress, Jorge R. Roig
A Quantum Congress, Jorge R. Roig
Jorge R Roig
The Democratic State In Africa: The Challenges For Institutional Building, Muna Ndulo
The Democratic State In Africa: The Challenges For Institutional Building, Muna Ndulo
Muna B Ndulo
No abstract provided.
Afghanistan: Prospects For Peace And Democratic Governance And The War On Terrorism, Muna Ndulo
Afghanistan: Prospects For Peace And Democratic Governance And The War On Terrorism, Muna Ndulo
Muna B Ndulo
No abstract provided.
Megan's Law: Crime And Democracy In Late Modern America, Jonathan Simon
Megan's Law: Crime And Democracy In Late Modern America, Jonathan Simon
Jonathan S Simon
Deals with a study which explored the complex entanglements of democracy and governing through crime in the United States. Discussion on crime control as an integral part of democratic penal traditions; How the embedding of governing through crime into the new regime of liberal governance took shape in the country; Details on the adoption of `Megan's Law.'
Selective Vetting’ As A Factor In The Taipei Mayoral Election, Chiehwen Ed Hsu
Selective Vetting’ As A Factor In The Taipei Mayoral Election, Chiehwen Ed Hsu
Chiehwen Ed Hsu
Ed Hsu looks at the legal aspects of the 'selective vetting' of candidates in the Taipei mayoral election. It may be wrong, it's borderline illegal, but under current laws, there's very little candidates can do if their image is tarnished by unsubstantiated allegations.
Jimmy Gurule Presented At A Judicial Conference On "Democracy And The Judiciary In Bogota, Colombia On August 14, Jimmy Gurule
Jimmy Gurule Presented At A Judicial Conference On "Democracy And The Judiciary In Bogota, Colombia On August 14, Jimmy Gurule
Jimmy Gurule
Jimmy Gurule presented at a judicial conference on "Democracy and the Judiciary in Bogota, Colombia on August 14. Schedule of conference attached.
The Road Most Travel: Is The Executive’S Growing Preeminence Making America More Like The Authoritarian Regimes It Fights So Hard Against?, Ryan T. Williams
The Road Most Travel: Is The Executive’S Growing Preeminence Making America More Like The Authoritarian Regimes It Fights So Hard Against?, Ryan T. Williams
Ryan T. Williams
Transitional Justice In Iraq: Learning The Hard Way, Erin Daly
Transitional Justice In Iraq: Learning The Hard Way, Erin Daly
Erin Daly
The relationship between transitional justice and democracy is fraught and complex, and nowhere more so than in Iraq since the fall of Saddam Hussein. Iraq has experienced a range of transitional justice initiatives, including the trial and execution of its former leader, purges from the civil service and the military, and a series of reconciliation conferences. And yet, democracy has not fully taken root and violence continues to plague many parts of the nation on a regular basis. This article argues that initiatives aimed at changing the structure of society -- including but not limited to constitutionalism, frequent elections, and …
Friends, Associates And Associations: Theoretically And Empirically Grounding The Freedom Of Association, Tabatha Abu El-Haj
Friends, Associates And Associations: Theoretically And Empirically Grounding The Freedom Of Association, Tabatha Abu El-Haj
Tabatha Abu El-Haj
This Article argues that while the freedom of association is back at the center of the First Amendment, it suffers from the fact that it has been both theoretically and doctrinally subsumed by the freedom of speech. The First Amendment’s self-governance interest is necessarily broader than an interest in political debate and a vibrant marketplace of political ideas.
Association and associations enable the political participation that can turn ideas and debate into the action required to create democratic accountability. Free association doctrine is, therefore, uniquely positioned to promote representative government by protecting conditions necessary for an active citizenry.
A reoriented …
Structuring Big Data To Facilitate Participation In International Law, Roslyn Fuller
Structuring Big Data To Facilitate Participation In International Law, Roslyn Fuller
Roslyn Fuller
This is an interdisciplinary article focusing on the interplay between information and communication technology (ICT) and international law (IL). Its purpose is to open up a dialogue between ICT and IL practitioners that focuses on the ways in which ICT can enhance equitable participation in international legal structures, particularly through capturing the possibilities associated with big data. This depends on the ability of individuals to access big data, for it to be structured in a manner that makes it accessible and for the individual to be able to take action based on it.
Respecting Democratic Constitutional Change, Craig M. Scott
Respecting Democratic Constitutional Change, Craig M. Scott
Craig M. Scott
The Democratic Virtues, Our Common Life And The Common School: Trust In Democracy: Anabaptists, Italian Americans, And Solidarity, Thomas L. Shaffer
The Democratic Virtues, Our Common Life And The Common School: Trust In Democracy: Anabaptists, Italian Americans, And Solidarity, Thomas L. Shaffer
Thomas L. Shaffer
No abstract provided.
Chief Justice Rehnquist's Enduring Democratic Constitution, Richard W. Garnett
Chief Justice Rehnquist's Enduring Democratic Constitution, Richard W. Garnett
Richard W Garnett
William H. Rehnquist's essay, The Notion of a Living Constitution, was delivered as the Will E. Orgain Lecture and then published thirty years ago, back when Rehnquist was still a relatively junior Associate Justice. The piece provides a clear and coherent statement of Rehnquist's judicial philosophy, and the Harvard Journal of Law and Public Policy and the Texas Law Review deserve thanks for their initiative and generosity in reproducing it, in memory of his life and work.
This introduction to Rehnquist's essay highlights his view that the Notion of a Living Constitution was to be resisted, not out of pious …
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 …
Context, Timing And The Dynamics Of Transitional Justice: A Historical Perspective, Laurel E. Fletcher, Harvey M. Weinstein, Jamie Rowen
Context, Timing And The Dynamics Of Transitional Justice: A Historical Perspective, Laurel E. Fletcher, Harvey M. Weinstein, Jamie Rowen
Laurel E. Fletcher
Legal process is invoked by supporters of transitional justice as necessary if not a precondition for societies affected by mass violence to transition into a new period of peace and stability. In this paper, we question the presumption that trials and/or truth commissions should be an early response to initiating a transitional justice process. We conducted a multi-factorial, qualitative analysis of seven case studies in countries impacted by mass violence and repression—Argentina, Cambodia, Guatemala, Timor-Leste, Northern Ireland, Sierra Leone, and South Africa. What emerges is a fuller appreciation of the dynamic system in which transitional justice interventions occur. Each system …
Positive Theory As Normative Critique, Daniel A. Farber
Positive Theory As Normative Critique, Daniel A. Farber
Daniel A Farber
No abstract provided.