Автор: Dzur, Albert W. Название: Punishment, Participatory Democracy, and the Jury ISBN: 0199874093 ISBN-13(EAN): 9780199874095 Издательство: Oxford Academ Рейтинг: Цена: 8712.00 р. Наличие на складе: Есть у поставщика Поставка под заказ.
Описание: Focusing contemporary democratic theory on the neglected topic of punishment, Punishment, Participatory Democracy, and the Jury argues for increased civic engagement in criminal justice as an antidote to the American penal state. Albert W. Dzur considers how the jury, rather than merely expressing unreflective public opinion, may serve as a participatory institution that gathers and utilizes citizens' juridical capabilities. In doing so, the book resists trends in criminal justice scholarship that blame increases in penal severity on citizen participation and rejects political theorists' longstanding skepticism of lay abilities. Dzur distinguishes constructive citizen involvement that takes responsibility for public problems from a mass politics mobilized superficially around single issues. This more positive view of citizen action, which was once a major justification for the jury trial, is now also manifest in the restorative justice movement, which has incorporated lay people into community boards and sentencing circles. Both jury trials and restorative justice programs, Dzur explains, are examples of rational disorganization, in which lay citizen action renders a process less efficient yet also contributes valuable qualities such as attunement, reflectiveness, and full-bodied communication. While restorative justice programs and participatory policy forums such as citizens' juries have become attractive to reformers, traditional juries have suffered a steep and troubling decline. Punishment, Participatory Democracy, and the Jury advocates a broader role for jurors in the criminal courts and more widespread use of jury trials. Though no panacea for a political culture grown too comfortable with criminalization and incarceration, participatory institutional designs that rationally disorganize punishment practices and slow down criminal justice can catalyze civic responsibility and public awareness about the need to find alternative paths forward for America's broken penal system.
Автор: Agust?n Jos? Men?ndez; John Erik Fossum Название: Law and Democracy in Neil MacCormick`s Legal and Political Theory ISBN: 9400735758 ISBN-13(EAN): 9789400735750 Издательство: Springer Рейтинг: Цена: 27251.00 р. Наличие на складе: Есть у поставщика Поставка под заказ.
Описание: Planned as a celebration of MacCormick`s work, this is an homage and salute in which contributors undertake a critical reconstruction, revealing the connections of his writings, and furthering his insights in post-sovereign legal and democratic theory.
Автор: Farrelly Название: Justice, Democracy and Reasonable Agreement ISBN: 1403933197 ISBN-13(EAN): 9781403933195 Издательство: Springer Рейтинг: Цена: 14673.00 р. Наличие на складе: Есть у поставщика Поставка под заказ.
Описание: Argues against the principled paradigm of ideal theory and champions instead a virtue-oriented theory of justice entitled `civic liberalism`. This work critically assesses the main contemporary theories of justice and tackles a number of applied topics, ranging from constitutional design and free speech to welfare reform and economic incentives.
Описание: This book throws new light on the way in which the Internet impacts on democracy. Based on J?rgen Habermas’ discourse-theoretical reconstruction of democracy, it examines one of the world’s largest, most diverse but also most unequal democracies, Brazil, in terms of the broad social and legal effects the internet has had. Focusing on the Brazilian constitutional evolution, the book examines how the Internet might impact on the legitimacy of a democratic order and if, and how, it might yield opportunities for democratic empowerment. The book also assesses the ways in which law, as an institution and a system, reacts to the changes and challenges brought about by the Internet: the ways in which law may retain its strength as an integrative force, avoiding a ‘virtual’ legitimacy crisis.
Автор: Sebasti?n Urbina Название: Reason, Democracy, Society ISBN: 904814759X ISBN-13(EAN): 9789048147595 Издательство: Springer Рейтинг: Цена: 23757.00 р. Наличие на складе: Есть у поставщика Поставка под заказ.
Описание: Reason, Democracy, Society deals with basic points of legal theory and philosophy of law. Some of its claims are that we must sharply separate what the law is from, what the law ought to be, and that we can know what the law is without appealing to meta-legal considerations.
Автор: Dowding Название: Justice and Democracy ISBN: 0521545439 ISBN-13(EAN): 9780521545433 Издательство: Cambridge Academ Рейтинг: Цена: 5069.00 р. Наличие на складе: Есть у поставщика Поставка под заказ.
Описание: Much has been written about social justice. Even more has been written about democracy. Rarely is the relationship between social justice and democracy carefully considered. Does justice require democracy? Will democracy bring justice? This volume brings together leading authors to consider the relationship of democracy and justice.
Описание: Christopher F. Zurn shows why a normative theory of deliberative democratic constitutionalism yields the best understanding of the legitimacy of constitutional review. He further argues that this function should be institutionalized in a complex, multi-location structure including not only independent constitutional courts, but also legislative and executive self-review.
Автор: Mikael Sp?ng Название: Emancipation, Democracy and the Modern Critique of Law ISBN: 3319628895 ISBN-13(EAN): 9783319628899 Издательство: Springer Рейтинг: Цена: 7685.00 р. Наличие на складе: Есть у поставщика Поставка под заказ.
Описание: This book focuses on J?rgen Habermas’ theorising on law, rights and democracy in light of the modern critique of law. The latter tradition, which goes back to Hegel and Marx, has addressed the limitations of rights as vocabulary of emancipation and law as language of autonomy. Since Habermas claims that his reconstruction of private and public autonomy has an emancipatory aim, the author has chosen to discuss it in the context of the modern critique of law. More specifically, the study addresses the need to consider the dialectic of law, in which law is both a condition for emancipation and domination, when discussing what law and rights permit. It will appeal to students and scholars across the fields of political theory, law and legal criticism, as well as sociology and sociology of law.
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