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Full-Text Articles in Law

Democratic Development And The Public Sphere: The Rights To Hear And Be Heard In Ghana, Duke Law School Seminar And Fact-Finding Trip To Ghana May 2013

Democratic Development And The Public Sphere: The Rights To Hear And Be Heard In Ghana, Duke Law School Seminar And Fact-Finding Trip To Ghana

Duke Law Student Papers Series

No abstract provided.


Reconciling Positivism And Realism: Kelsen And Habermas On Democracy And Human Rights, David Ingram Jan 2013

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 …


Six Ideal Types Of Public Engagement With Science And Technology: Reflections On Capital, Legitimacy And Models Of Democracy, Nicola J. Marks Jan 2013

Six Ideal Types Of Public Engagement With Science And Technology: Reflections On Capital, Legitimacy And Models Of Democracy, Nicola J. Marks

Faculty of Law, Humanities and the Arts - Papers (Archive)

A number of researchers have been analysing apparent shifts from top-down approaches to public engagement with science and technology towards more participatory ones. Some have revealed the existence of often unacknowledged assumptions about how science and public should interact. These normative visions shape public engagement and may go against any shift towards inclusiveness. To further probe this, interviews with 41 stem cell scientists were carried out. They reveal diverse normative visions of publics, scientists, dialogue, relevant technical and political capital, and scientific citizenship. From this, six ideal types of public engagement with science and technology are constructed and connected to …