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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: 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: 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: 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: Margaret Jane Radin Publisher: Princeton University Press ISBN: 0691163359 Category : Law Languages : en Pages : 358
Book Description
Why the increasing use of boilerplate is eroding our rights Boilerplate—the fine-print terms and conditions that we become subject to when we click "I agree" online, rent an apartment, enter an employment contract, sign up for a cellphone carrier, or buy travel tickets—pervades all aspects of our modern lives. On a daily basis, most of us accept boilerplate provisions without realizing that should a dispute arise about a purchased good or service, the nonnegotiable boilerplate terms can deprive us of our right to jury trial and relieve providers of responsibility for harm. Boilerplate is the first comprehensive treatment of the problems posed by the increasing use of these terms, demonstrating how their use has degraded traditional notions of consent, agreement, and contract, and sacrificed core rights whose loss threatens the democratic order. Margaret Jane Radin examines attempts to justify the use of boilerplate provisions by claiming either that recipients freely consent to them or that economic efficiency demands them, and she finds these justifications wanting. She argues, moreover, that our courts, legislatures, and regulatory agencies have fallen short in their evaluation and oversight of the use of boilerplate clauses. To improve legal evaluation of boilerplate, Radin offers a new analytical framework, one that takes into account the nature of the rights affected, the quality of the recipient's consent, and the extent of the use of these terms. Radin goes on to offer possibilities for new methods of boilerplate evaluation and control, among them the bold suggestion that tort law rather than contract law provides a preferable analysis for some boilerplate schemes. She concludes by discussing positive steps that NGOs, legislators, regulators, courts, and scholars could take to bring about better practices.
Author: Hélène Landemore Publisher: Princeton University Press ISBN: 0691212392 Category : Philosophy Languages : en Pages : 272
Book Description
To the ancient Greeks, democracy meant gathering in public and debating laws set by a randomly selected assembly of several hundred citizens. To the Icelandic Vikings, democracy meant meeting every summer in a field to discuss issues until consensus was reached. Our contemporary representative democracies are very different. Modern parliaments are gated and guarded, and it seems as if only certain people are welcome. Diagnosing what is wrong with representative government and aiming to recover some of the openness of ancient democracies, Open Democracy presents a new paradigm of democracy. Supporting a fresh nonelectoral understanding of democratic representation, Hélène Landemore demonstrates that placing ordinary citizens, rather than elites, at the heart of democratic power is not only the true meaning of a government of, by, and for the people, but also feasible and, more than ever, urgently needed. -- Cover page 4.
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: Elaine Scarry
Author: Reinhard Bendix
Author: Theodore Roosevelt
Author: Philip K. Howard
Author: Margaret Jane Radin
Author: Hélène Landemore
Author: American Bar Association. House of Delegates