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Author: Arthur Isak Applbaum Publisher: Harvard University Press ISBN: 0674241932 Category : Philosophy Languages : en Pages : 305
Book Description
At an unsettled time for liberal democracy, with global eruptions of authoritarian and arbitrary rule, here is one of the first full-fledged philosophical accounts of what makes governments legitimate. What makes a government legitimate? The dominant view is that public officials have the right to rule us, even if they are unfair or unfit, as long as they gain power through procedures traceable to the consent of the governed. In this rigorous and timely study, Arthur Isak Applbaum argues that adherence to procedure is not enough: even a properly chosen government does not rule legitimately if it fails to protect basic rights, to treat its citizens as political equals, or to act coherently. How are we to reconcile every person’s entitlement to freedom with the necessity of coercive law? Applbaum’s answer is that a government legitimately governs its citizens only if the government is a free group agent constituted by free citizens. To be a such a group agent, a government must uphold three principles. The liberty principle, requiring that the basic rights of citizens be secured, is necessary to protect against inhumanity, a tyranny in practice. The equality principle, requiring that citizens have equal say in selecting who governs, is necessary to protect against despotism, a tyranny in title. The agency principle, requiring that a government’s actions reflect its decisions and its decisions reflect its reasons, is necessary to protect against wantonism, a tyranny of unreason. Today, Applbaum writes, the greatest threat to the established democracies is neither inhumanity nor despotism but wantonism, the domination of citizens by incoherent, inconstant, and incontinent rulers. A government that cannot govern itself cannot legitimately govern others.
Author: Arthur Isak Applbaum Publisher: Harvard University Press ISBN: 0674241932 Category : Philosophy Languages : en Pages : 305
Book Description
At an unsettled time for liberal democracy, with global eruptions of authoritarian and arbitrary rule, here is one of the first full-fledged philosophical accounts of what makes governments legitimate. What makes a government legitimate? The dominant view is that public officials have the right to rule us, even if they are unfair or unfit, as long as they gain power through procedures traceable to the consent of the governed. In this rigorous and timely study, Arthur Isak Applbaum argues that adherence to procedure is not enough: even a properly chosen government does not rule legitimately if it fails to protect basic rights, to treat its citizens as political equals, or to act coherently. How are we to reconcile every person’s entitlement to freedom with the necessity of coercive law? Applbaum’s answer is that a government legitimately governs its citizens only if the government is a free group agent constituted by free citizens. To be a such a group agent, a government must uphold three principles. The liberty principle, requiring that the basic rights of citizens be secured, is necessary to protect against inhumanity, a tyranny in practice. The equality principle, requiring that citizens have equal say in selecting who governs, is necessary to protect against despotism, a tyranny in title. The agency principle, requiring that a government’s actions reflect its decisions and its decisions reflect its reasons, is necessary to protect against wantonism, a tyranny of unreason. Today, Applbaum writes, the greatest threat to the established democracies is neither inhumanity nor despotism but wantonism, the domination of citizens by incoherent, inconstant, and incontinent rulers. A government that cannot govern itself cannot legitimately govern others.
Author: Arianne Chernock Publisher: Cambridge University Press ISBN: 1108484840 Category : History Languages : en Pages : 263
Book Description
Reveals Queen Victoria as a ruler who captivated feminist activists - with profound consequences for nineteenth-century culture and politics.
Author: Bruce Gilley Publisher: Columbia University Press ISBN: 9780231511254 Category : Political Science Languages : en Pages : 344
Book Description
Popular perceptions of a state's legitimacy are inextricably bound to its ability to rule. Vast military and material reserves cannot counter the power of a citizen's belief, and the more widespread the crisis of a state's legitimacy, the greater the threat to its stability. Even such established democracies as France and India are losing their moral claims over society, while such highly illiberal states as China and Iran enjoy strong showings of public support. Through a remarkable fusion of empirical research and theory, Bruce Gilley makes clear the link between political consent and political rule. Fixing a definition of legitimacy that is both general and particular, he is able to study the role of legitimacy as it has been maintained and lost in a diverse selection of societies. He begins by detailing the origins of state legitimacy and the methods governments have used to wield it best. He then considers the habits of less successful states, exploring how the process works across different styles of government. Gilley's unique approach merges a broad study of legitimacy and performance in seventy-two states with a detailed empirical analysis of the mechanisms of legitimation. The results are tested on a case study of Uganda, a country that, after 1986, began to recover from decades of civil war. Considering a range of explanations of other domestic and international phenomena as well, Gilley ultimately argues that, because of its evident real-world importance, legitimacy should occupy a central place in political analysis.
Author: Hugh De Santis Publisher: Lexington Books ISBN: 1793624097 Category : History Languages : en Pages : 415
Book Description
In The Right to Rule: American Exceptionalism and the Coming Multipolar World Order, Hugh De Santis explores the evolution of American exceptionalism and its effect on the nation’s relations with the external world. De Santis argues that the self-image of an exceptional, providentially blessed society unlike any other is a myth that pays too little heed to the history that shaped America’s emergence, including its core beliefs and values, which are inheritances from seventeenth-century England. From the republic’s founding to its rise as the world’s preeminent power, American exceptionalism has underpinned the nation’s foreign policy, but it has become an anachronism in the twenty-first century. De Santis argues that, in the emerging multipolar world order, the United States will be one of several powers that determine the structure and rules of international politics, rather than the sole arbiter.
Author: Reinhard Bendix Publisher: Univ of California Press ISBN: 9780520040908 Category : Political Science Languages : en Pages : 708
Book Description
"It is difficult to decide which is the more impressive: the authority and control with which Mr. Bendix writes of the traditions, the institutions, and the technological and social developments of cultures as diverse as the British, French, German, Russian, and Japanese, or the skill with which he weaves his separate stories into a persuasive scenario of the modern revolution. A remarkable achievement."--Gordon A. Craig, Stanford University ""Kings or People" is equal to the grandeur of its subject: the political origins of the modern world. With Barrington Moore's "Social Origins of Dictatorship and Democracy" and Immanuels Wallerstein's "The Modern World System" which it matches in boldness, while differing radically in perspective, it is one of the truly powerful ventures in comparative historical sociology to have appeared in recent years."--Clifford Geertz "A brilliant achievement that will be equally fascinating for the general reader, the student, and the specialized scholar."--Henry W. Ehrmann
Author: Elaine Scarry Publisher: MIT Press ISBN: 026226577X Category : Political Science Languages : en Pages : 219
Book Description
A passionate call for citizen action to uphold the rule of law when government does not. This book is a passionate call for citizen action to uphold the rule of law when government does not. Arguing that post-9/11 legislation and foreign policy severed the executive branch from the will of the people, Elaine Scarry in Rule of Law, Misrule of Men offers a fierce defense of the people's role as guarantor of our democracy. She begins with the groundswell of local resistance to the 2001 Patriot Act, when hundreds of towns, cities, and counties passed resolutions refusing compliance with the information-gathering the act demanded, showing that citizens can take action against laws that undermine the rights of citizens and noncitizens alike. Scarry, once described in the New York Times Sunday Magazine as “known for her unflinching investigations of war, torture, and pain,” then turns to the conduct of the Iraqi occupation, arguing that the Bush administration led the country onto treacherous moral terrain, violating the Geneva Conventions and the armed forces' own most fundamental standards. She warns of the damage done to democracy when military personnel must choose between their own codes of warfare and the illegal orders of their civilian superiors. If our military leaders uphold the rule of law when civilian leaders do not, might we come to prefer them? Finally, reviewing what we know now about the Bush administration's crimes, Scarry insists that prosecution—whether local, national, or international—is essential to restoring the rule of law, and she shows how a brave town in Vermont has taken up the challenge. Throughout the book, Scarry finds hope in moments where citizens withheld their consent to grievous crimes, finding creative ways to stand by their patriotism.
Author: Philip K. Howard Publisher: W. W. Norton & Company ISBN: 0393242110 Category : Law Languages : en Pages : 224
Book Description
The secret to good government is a question no one in Washington is asking: “What’s the right thing to do?” What’s wrong in Washington is deeper than you think. Yes, there’s gridlock, polarization, and self-dealing. But hidden underneath is something bigger and more destructive. It’s a broken governing system. From that comes wasteful government, rising debt, failing schools, expensive health care, and economic hardship. Rules have replaced leadership in America. Bureaucracy, regulation, and outmoded law tie our hands and confine policy choices. Nobody asks, “What’s the right thing to do here?” Instead, they wonder, “What does the rule book say?” There’s a fatal flaw in America’s governing system—trying to decree correctness through rigid laws will never work. Public paralysis is the inevitable result of the steady accretion of detailed rules. America is now run by dead people—by political leaders from the past who enacted mandatory programs that churn ahead regardless of waste, irrelevance, or new priorities. America needs to radically simplify its operating system and give people—officials and citizens alike—the freedom to be practical. Rules can’t accomplish our goals. Only humans can get things done. In The Rule of Nobody Philip K. Howard argues for a return to the framers’ vision of public law—setting goals and boundaries, not dictating daily choices. This incendiary book explains how America went wrong and offers a guide for how to liberate human ingenuity to meet the challenges of this century.
Author: Tom Bingham Publisher: Penguin UK ISBN: 0141962011 Category : Law Languages : en Pages : 236
Book Description
'A gem of a book ... Inspiring and timely. Everyone should read it' Independent 'The Rule of Law' is a phrase much used but little examined. The idea of the rule of law as the foundation of modern states and civilisations has recently become even more talismanic than that of democracy, but what does it actually consist of? In this brilliant short book, Britain's former senior law lord, and one of the world's most acute legal minds, examines what the idea actually means. He makes clear that the rule of law is not an arid legal doctrine but is the foundation of a fair and just society, is a guarantee of responsible government, is an important contribution to economic growth and offers the best means yet devised for securing peace and co-operation. He briefly examines the historical origins of the rule, and then advances eight conditions which capture its essence as understood in western democracies today. He also discusses the strains imposed on the rule of law by the threat and experience of international terrorism. The book will be influential in many different fields and should become a key text for anyone interested in politics, society and the state of our world.
Author: American Bar Association. House of Delegates Publisher: American Bar Association ISBN: 9781590318737 Category : Law Languages : en Pages : 216
Book Description
The Model Rules of Professional Conduct provides an up-to-date resource for information on legal ethics. Federal, state and local courts in all jurisdictions look to the Rules for guidance in solving lawyer malpractice cases, disciplinary actions, disqualification issues, sanctions questions and much more. In this volume, black-letter Rules of Professional Conduct are followed by numbered Comments that explain each Rule's purpose and provide suggestions for its practical application. The Rules will help you identify proper conduct in a variety of given situations, review those instances where discretionary action is possible, and define the nature of the relationship between you and your clients, colleagues and the courts.
Author: Arthur Isak Applbaum
Author: Arthur Isak Applbaum
Author: Arianne Chernock
Author: Bruce Gilley
Author: Hugh De Santis
Author: Reinhard Bendix
Author: Elaine Scarry
Author: Philip K. Howard
Author: Theodore Roosevelt
Author: Tom Bingham
Author: American Bar Association. House of Delegates