Civil Disobedience and Deliberative Democracy

Civil Disobedience and Deliberative Democracy

Author: William Smith

Publisher: Routledge

Published: 2013-07-18

Total Pages: 174

ISBN-13: 1135017549

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Civil disobedience is a public, nonviolent, conscientious yet political act, contrary to law, carried out to communicate opposition to law and policy of government. This book presents a theory of civil disobedience that draws on ideas associated with deliberative democracy. This book explores the ethics of civil disobedience in democratic societies. It revisits the theoretical literature on civil disobedience with a view to taking a fresh look at long-standing questions: When is civil disobedience a justified method of political protest? What role, if any, does it play in democratic politics? Is there a moral right to civil disobedience in a democratic society? And how should a democratic state respond to citizens who commit civil disobedience? The answers given to these questions add up to a coherent and distinctive theory of civil disobedience, which draws on ideas associated with deliberative democracy to forge an account that improves upon prominent approaches to this subject. Civil Disobedience and Deliberative Democracy will be of interest to students and scholars of contemporary political theory, political science, democratization studies, social movement studies, criminology, legal theory and moral philosophy.


The Politics of Public Deliberation

The Politics of Public Deliberation

Author: Carolyn M. Hendriks

Publisher: Springer

Published: 2012-10-12

Total Pages: 471

ISBN-13: 0230347568

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This ground breaking book provides empirical and theoretical insights into the interface between deliberative democracy and the rough and tumble of interest groups in advocacy politics. It examines how deliberative ideals work alongside the adversarial realties of interest-based politics.


Deliberative Systems

Deliberative Systems

Author: John Parkinson

Publisher: Cambridge University Press

Published: 2012-07-05

Total Pages: 205

ISBN-13: 1139536974

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'Deliberative democracy' is often dismissed as a set of small-scale, academic experiments. This volume seeks to demonstrate how the deliberative ideal can work as a theory of democracy on a larger scale. It provides a new way of thinking about democratic engagement across the spectrum of political action, from towns and villages to nation states, and from local networks to transnational, even global systems. Written by a team of the world's leading deliberative theorists, Deliberative Systems explains the principles of this new approach, which seeks ways of ensuring that a division of deliberative labour in a system nonetheless meets both deliberative and democratic norms. Rather than simply elaborating the theory, the contributors examine the problems of implementation in a real world of competing norms, competing institutions and competing powerful interests. This pioneering book will inspire an exciting new phase of deliberative research, both theoretical and empirical.


The Boundaries of Freedom of Expression & Order in American Democracy

The Boundaries of Freedom of Expression & Order in American Democracy

Author: Thomas R. Hensley

Publisher: Kent State University Press

Published: 2001

Total Pages: 420

ISBN-13: 9780873386920

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On Monday, May 4th, 1970, members of the Ohio National Guard fired 61 rounds of bullets into the Kent State University students protesting about the invasion of Cambodia. This work develops the ideas of the first symposium on American democracy established to commemorate the tragedy.


Deliberative Democracy and its Discontents

Deliberative Democracy and its Discontents

Author: Jose Luis Marti

Publisher: Routledge

Published: 2017-03-02

Total Pages: 450

ISBN-13: 1351945467

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Drawing on political, legal, national, post-national, as well as American and European perspectives, this collection of essays offers a diverse and balanced discussion of the current arguments concerning deliberative democracy. Its contributions' focus on discontent, provide a critical assessment of the benefits of deliberation and also respond to the strongest criticisms of the idea of democratic deliberation. The essays consider the three basic questions of why, how and where to deliberate democratically. This book will be of value not only to political and democratic theorists, but also to legal philosophers and constitutional theorists, and all those interested in the legitimacy of decision-making in national and post-national pluralistic polities.


Seeing Like an Activist

Seeing Like an Activist

Author: Erin R. Pineda

Publisher: Oxford University Press

Published: 2021-03-12

Total Pages: 281

ISBN-13: 0197526454

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There are few movements more firmly associated with civil disobedience than the Civil Rights Movement. In the mainstream imagination, civil rights activists eschewed coercion, appealed to the majority's principles, and submitted willingly to legal punishment in order to demand necessary legislative reforms and facilitate the realization of core constitutional and democratic principles. Their fidelity to the spirit of the law, commitment to civility, and allegiance to American democracy set the normative standard for liberal philosophies of civil disobedience. This narrative offers the civil disobedience of the Civil Rights Movement as a moral exemplar: a blueprint for activists who seek transformative change and racial justice within the bounds of democracy. Yet in this book, Erin R. Pineda shows how it more often functions as a disciplining examplea means of scolding activists and quieting dissent. As Pineda argues, the familiar account of Civil Rights disobedience not only misremembers history; it also distorts our political judgments about how civil disobedience might fit into democratic politics. Seeing Like an Activist charts the emergence of this influential account of civil disobedience in the Civil Rights Movement, and demonstrates its reliance on a narrative about black protest that is itself entangled with white supremacy. Liberal political theorists whose work informed decades of scholarship saw civil disobedience "like a white state": taking for granted the legitimacy of the constitutional order, assuming as primary the ends of constitutional integrity and stability, centering the white citizen as the normative ideal, and figuring the problem of racial injustice as limited, exceptional, and all-but-already solved. Instead, this book "sees" civil disobedience from the perspective of an activist, showing the consequences for ideas about how civil disobedience ought to unfold in the present. Building on historical and archival evidence, Pineda shows how civil rights activists, in concert with anticolonial movements across the globe, turned to civil disobedience as a practice of decolonization in order to emancipate themselves and others, and in the process transform the racial order. Pineda recovers this powerful alternative account by adopting a different theoretical approach--one which sees activists as themselves engaged in the creative work of political theorizing.


Constitutional Courts and Deliberative Democracy

Constitutional Courts and Deliberative Democracy

Author: Conrado Hübner Mendes

Publisher: OUP Oxford

Published: 2013-12-20

Total Pages: 274

ISBN-13: 0191650161

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Contemporary democracies have granted an expansive amount of power to unelected judges that sit in constitutional or supreme courts. This power shift has never been easily squared with the institutional backbones through which democracy is popularly supposed to be structured. The best institutional translation of a 'government of the people, by the people and for the people' is usually expressed through elections and electoral representation in parliaments. Judicial review of legislation has been challenged as bypassing that common sense conception of democratic rule. The alleged 'democratic deficit' behind what courts are legally empowered to do has been met with a variety of justifications in favour of judicial review. One common justification claims that constitutional courts are, in comparison to elected parliaments, much better suited for impartial deliberation and public reason-giving. Fundamental rights would thus be better protected by that insulated mode of decision-making. This justification has remained largely superficial and, sometimes, too easily embraced. This book analyses the argument that the legitimacy of courts arises from their deliberative capacity. It examines the theory of political deliberation and its implications for institutional design. Against this background, it turns to constitutional review and asks whether an argument can be made in support of judicial power on the basis of deliberative theory.


Jane Mansbridge

Jane Mansbridge

Author: Melissa S. Williams

Publisher: Routledge

Published: 2018-09-20

Total Pages: 242

ISBN-13: 1351682466

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Jane Mansbridge’s intellectual career is marked by field-shifting contributions to democratic theory, feminist scholarship, political science methodology, and the empirical study of social movements and direct democracy. Her work has fundamentally challenged existing paradigms in both normative political theory and empirical political science and launched new lines of scholarly inquiry on the most basic questions of the discipline: the sort of equality democracy needs, the goods of political participation, the nature of power, the purposes of deliberation, the forms of political representation, the obstacles to collective action, and the inescapable need for coercion. The editor has focused on work in three key areas: Participation and power Mansbridge’s early work on participatory democracy generated a key insight that has informed all of her subsequent work: the kind of equality we need to legitimate decisions under circumstances of common interests (equal respect) differs from the kind of equality we need when interests conflict (equal power). Deliberation and representation In the chapters in this section, Mansbridge adds nuance to democratic theory by disaggregating different modes of political representation and explicating the ways in which each can contribute to the deliberative, aggregative and expressive functions of democratic institutions. Legitimate coercion Mansbridge exemplifies a collaborative spirit through the practice of deliberative co-authorship, through which she and colleagues construct a taxonomy of procedures that can legitimize enforceable collective decisions. Essential reading for anyone interested in liberal conceptions of equality, participation, representation, deliberation, power and coercion.


Democratic Authority

Democratic Authority

Author: David Estlund

Publisher: Princeton University Press

Published: 2009-08-03

Total Pages: 324

ISBN-13: 1400831547

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Democracy is not naturally plausible. Why turn such important matters over to masses of people who have no expertise? Many theories of democracy answer by appealing to the intrinsic value of democratic procedure, leaving aside whether it makes good decisions. In Democratic Authority, David Estlund offers a groundbreaking alternative based on the idea that democratic authority and legitimacy must depend partly on democracy's tendency to make good decisions. Just as with verdicts in jury trials, Estlund argues, the authority and legitimacy of a political decision does not depend on the particular decision being good or correct. But the "epistemic value" of the procedure--the degree to which it can generally be accepted as tending toward a good decision--is nevertheless crucial. Yet if good decisions were all that mattered, one might wonder why those who know best shouldn't simply rule. Estlund's theory--which he calls "epistemic proceduralism"--avoids epistocracy, or the rule of those who know. He argues that while some few people probably do know best, this can be used in political justification only if their expertise is acceptable from all reasonable points of view. If we seek the best epistemic arrangement in this respect, it will be recognizably democratic--with laws and policies actually authorized by the people subject to them.


John Dewey's Great Debates - Reconstructed

John Dewey's Great Debates - Reconstructed

Author: Shane Ralston

Publisher: IAP

Published: 2011-11-01

Total Pages: 157

ISBN-13: 1617355372

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Confirming his moniker as “America’s philosopher of democracy,” John Dewey engaged in a series of public debates over the course of his lifetime, vividly demonstrating how his thought translates into action. These debates made Dewey a household name and a renowned public intellectual during the early to mid-twentieth century, a time when the United States fought two World Wars, struggled through an economic depression, experienced explosive economic growth and spawned a grassroots movement that characterized an entire era: Progressivism. Unfortunately, much recent Dewey scholarship neglects to situate Dewey’s ideas in the broader context of his activities and engagements as a public intellectual. This project charts a path through two of Dewey’s actual debates with his contemporaries, Leon Trotsky and Robert Hutchins, to two reconstructed debates with contemporary intellectuals, E.D. Hirsch and Robert Talisse, both of whom criticized Dewey’s ideas long after the American philosopher’s death and, finally, to two recent debates, one on home schooling and the other on U.S. foreign policy, in which Dewey’s ideas offer a unique and compelling vision of a way forward.