A Matter of Dispute
A Matter of Dispute

Author: Christopher J. Peters

Publisher: Oxford University Press

Published: 2011-01-19

Total Pages: 377

ISBN-13: 0199749957

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Law often purports to require people, including government officials, to act in ways they think are morally wrong or harmful. What is it about law that can justify such a claim? In A Matter of Dispute: Morality, Democracy, and Law, Christopher J. Peters offers an answer to this question, one that illuminates the unique appeal of democratic government, the peculiar structure of adversary adjudication, and the contested legitimacy of constitutional judicial review. Peters contends that law should be viewed primarily as a device for avoiding or resolving disputes, a function that implies certain core properties of authoritative legal procedures. Those properties - competence and impartiality - give democracy its advantage over other forms of government. They also underwrite the adversary nature of common-law adjudication and the duties and constraints of democratic judges. And they ground a defense of constitutionalism and judicial review against persistent objections that those practices are "counter-majoritarian" and thus nondemocratic. This work canvasses fundamental problems within the diverse disciplines of legal philosophy, democratic theory, philosophy of adjudication, and public-law theory and suggests a unified approach to unraveling them. It also addresses practical questions of law and government in a way that should appeal to anyone interested in the complex and often troubled relationship among morality, democracy, and the rule of law. Written for specialists and non-specialists alike, A Matter of Dispute explains why each of us individually, and all of us collectively, have reason to obey the law - why democracy truly is a system of government under law.

Domesticating Democracy
Domesticating Democracy

Author: Susan Helen Ellison

Publisher: Duke University Press

Published: 2018-04-19

Total Pages: 282

ISBN-13: 0822371782

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In Domesticating Democracy Susan Helen Ellison examines foreign-funded alternate dispute resolution (ADR) organizations that provide legal aid and conflict resolution to vulnerable citizens in El Alto, Bolivia. Advocates argue that these programs help residents cope with their interpersonal disputes and economic troubles while avoiding an overburdened legal system and cumbersome state bureaucracies. Ellison shows that ADR programs do more than that—they aim to change the ways Bolivians interact with the state and with global capitalism, making them into self-reliant citizens. ADR programs frequently encourage Bolivians to renounce confrontational expressions of discontent, turning away from courtrooms, physical violence, and street protest and coming to the negotiation table. Nevertheless, residents of El Alto find creative ways to take advantage of these micro-level resources while still seeking justice and a democratic system capable of redressing the structural violence and vulnerability that ADR fails to treat.

Democracy in Decline?
Democracy in Decline?

Author: Larry Diamond

Publisher: JHU Press

Published: 2015-10

Total Pages: 140

ISBN-13: 1421418185

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"Is Democracy in Decline? is a short book that takes up the fascinating question on whether this once-revolutionary form of government--the bedrock of Western liberalism--is fast disappearing. Has the growth of corporate capitalism, mass economic inequality, and endemic corruption reversed the spread of democracy worldwide? In this incisive collection, leading thinkers address this disturbing and critically important issue. Published as part of the National Endowment for Democracy's 25th anniversary--and drawn from articles forthcoming in the Journal of Democracy--this collection includes seven essays from a stellar group of democracy scholars: Francis Fukuyama, Robert Kagan, Thomas Carothers, Marc Plattner, Larry Diamond, Philippe Schmitter, Steven Levitsky, Ivan Krastev, and Lucan Way. Written in a thought-provoking style from seven different perspectives, this book provides an eye-opening look at how the very foundation of Western political culture may be imperiled"--

Civil Justice, Privatization, and Democracy
Civil Justice, Privatization, and Democracy

Author: Trevor C.W. Farrow

Publisher: University of Toronto Press

Published: 2014-04-30

Total Pages: 396

ISBN-13: 144269503X

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Privatization is occurring throughout the public justice system, including courts, tribunals, and state-sanctioned private dispute resolution regimes. Driven by a widespread ethos of efficiency-based civil justice reform, privatization claims to decrease costs, increase speed, and improve access to the tools of justice. But it may also lead to procedural unfairness, power imbalances, and the breakdown of our systems of democratic governance. Civil Justice, Privatization, and Democracy demonstrates the urgent need to publicize, politicize, debate, and ultimately temper these moves towards privatized justice. Written by Trevor C.W. Farrow, a former litigation lawyer and current Chair of the Canadian Forum on Civil Justice, Civil Justice, Privatization, and Democracy does more than just bear witness to the privatization initiatives that define how we think about and resolve almost all non-criminal disputes. It articulates the costs and benefits of these privatizing initiatives, particularly their potential negative impacts on the way we regulate ourselves in modern democracies, and it makes recommendations for future civil justice practice and reform.

Disputes and Democracy
Disputes and Democracy

Author: Steven Johnstone

Publisher: University of Texas Press

Published: 2010-07-05

Total Pages: 224

ISBN-13: 029278855X

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Athenians performed democracy daily in their law courts. Without lawyers or judges, private citizens, acting as accusers and defendants, argued their own cases directly to juries composed typically of 201 to 501 jurors, who voted on a verdict without deliberation. This legal system strengthened and perpetuated democracy as Athenians understood it, for it emphasized the ideological equality of all (male) citizens and the hierarchy that placed them above women, children, and slaves. This study uses Athenian court speeches to trace the consequences for both disputants and society of individuals' decisions to turn their quarrels into legal cases. Steven Johnstone describes the rhetorical strategies that prosecutors and defendants used to persuade juries and shows how these strategies reveal both the problems and the possibilities of language in the Athenian courts. He argues that Athenian "law" had no objective existence outside the courts and was, therefore, itself inherently rhetorical. This daring new interpretation advances an understanding of Athenian democracy that is not narrowly political, but rather links power to the practices of a particular institution.

Democracy on Trial
Democracy on Trial

Author: Jean Bethke Elshtain

Publisher: House of Anansi

Published: 1993-11-08

Total Pages: 162

ISBN-13: 0887848540

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Is democracy as we know it in danger? More and more we confront one another as aggrieved groups rather than as free citizens. Deepening cynicism, the growth of corrosive individualism, statism, and the loss of civil society are warning signs that democracy may be incapable of satisfying the yearnings it itself unleashes - yearnings for freedom, fairness, and equality. In her 1993 CBC Massey Lectures, political philosopher Jean Bethke Elshtain delves into these complex issues to evaluate democracy's chances for survival.

Judicial Power
Judicial Power

Author: Christine Landfried

Publisher: Cambridge University Press

Published: 2019-02-07

Total Pages: 411

ISBN-13: 1316999084

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The power of national and transnational constitutional courts to issue binding rulings in interpreting the constitution or an international treaty has been endlessly discussed. What does it mean for democratic governance that non-elected judges influence politics and policies? The authors of Judicial Power - legal scholars, political scientists, and judges - take a fresh look at this problem. To date, research has concentrated on the legitimacy, or the effectiveness, or specific decision-making methods of constitutional courts. By contrast, the authors here explore the relationship among these three factors. This book presents the hypothesis that judicial review allows for a method of reflecting on social integration that differs from political methods, and, precisely because of the difference between judicial and political decision-making, strengthens democratic governance. This hypothesis is tested in case studies on the role of constitutional courts in political transformations, on the methods of these courts, and on transnational judicial interactions.

The Judge in a Democracy
The Judge in a Democracy

Author: Aharon Barak

Publisher: Princeton University Press

Published: 2009-01-10

Total Pages: 355

ISBN-13: 1400827043

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Whether examining election outcomes, the legal status of terrorism suspects, or if (or how) people can be sentenced to death, a judge in a modern democracy assumes a role that raises some of the most contentious political issues of our day. But do judges even have a role beyond deciding the disputes before them under law? What are the criteria for judging the justices who write opinions for the United States Supreme Court or constitutional courts in other democracies? These are the questions that one of the world's foremost judges and legal theorists, Aharon Barak, poses in this book. In fluent prose, Barak sets forth a powerful vision of the role of the judge. He argues that this role comprises two central elements beyond dispute resolution: bridging the gap between the law and society, and protecting the constitution and democracy. The former involves balancing the need to adapt the law to social change against the need for stability; the latter, judges' ultimate accountability, not to public opinion or to politicians, but to the "internal morality" of democracy. Barak's vigorous support of "purposive interpretation" (interpreting legal texts--for example, statutes and constitutions--in light of their purpose) contrasts sharply with the influential "originalism" advocated by U.S. Supreme Court Justice Antonin Scalia. As he explores these questions, Barak also traces how supreme courts in major democracies have evolved since World War II, and he guides us through many of his own decisions to show how he has tried to put these principles into action, even under the burden of judging on terrorism.