Democracy's Lawyer
Democracy's Lawyer

Author: John Roderick Heller

Publisher: LSU Press

Published: 2010-06

Total Pages: 382

ISBN-13: 0807137421

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A central political figure in the first post-Revolutionary generation, Felix Grundy (1775--1840) epitomized the "American democrat" who so famously fascinated Alexis de Tocqueville. Born and reared on the isolated frontier, Grundy rose largely by his own ability to become the Old Southwest's greatest criminal lawyer and one of the first radical political reformers in the fledgling United States. In Democracy's Lawyer, the first comprehensive biography of Grundy since 1940, J. Roderick Heller reveals how Grundy's life typifies the archetypal, post--founding fathers generation that forged America's culture and institutions. After his birth in Virginia, Grundy moved west at age five to the region that would become Kentucky, where he lost three brothers in Indian wars. He earned a law degree, joined the legislature, and quickly became Henry Clay's main rival. At age thirty-one, after rising to become chief justice of Kentucky, Grundy moved to Tennessee, where voters soon elected him to Congress. In Washington, Grundy proved so voracious a proponent of the War of 1812 that a popular slogan of the day blamed the war on "Madison, Grundy, and the Devil." A pivotal U.S. senator during the presidency of Andrew Jackson, Grundy also served as Martin Van Buren's attorney general and developed a close association with his law student and political protégé James K. Polk. Grundy championed the ideals of the American West, and as Heller demonstrates, his dominating belief -- equality in access to power -- motivated many of his political battles. Aristocratic federalism threatened the principles of the Revolution, Grundy asserted, and he opposed fetters on freedom of opportunity, whether from government or entrenched economic elites. Although widely known as a politician, Grundy achieved even greater fame as a criminal lawyer. Of the purported 185 murder defendants that he represented, only one was hanged. At a time when criminal trials served as popular entertainment, Grundy's mere appearance in a courtroom drew spectators from miles around, and his legal reputation soon spread nationwide. One nineteenth-century Nashvillian declared that Grundy "could stand on a street corner and talk the cobblestones into life." Shifting seamlessly within the worlds of law, entrepreneurship, and politics, Felix Grundy exemplified the questing, mobile society of early nineteenth-century America. With Democracy's Lawyer, Heller firmly establishes Grundy as a powerful player and personality in early American law and politics.

Militant Democracy
Militant Democracy

Author: András Sajó

Publisher: Eleven International Publishing

Published: 2004

Total Pages: 271

ISBN-13: 9077596046

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This book is a collection of contributions by leading scholars on theoretical and contemporary problems of militant democracy. The term 'militant democracy' was first coined in 1937. In a militant democracy preventive measures are aimed, at least in practice, at restricting people who would openly contest and challenge democratic institutions and fundamental preconditions of democracy like secularism - even though such persons act within the existing limits of, and rely on the rights offered by, democracy. In the shadow of the current wars on terrorism, which can also involve rights restrictions, the overlapping though distinct problem of militant democracy seems to be lost, notwithstanding its importance for emerging and established democracies. This volume will be of particular significance outside the German-speaking world, since the bulk of the relevant literature on militant democracy is in the German language. The book is of interest to academics in the field of law, political studies and constitutionalism.

The Law of Democracy
The Law of Democracy

Author: Samuel Issacharoff

Publisher:

Published: 2002

Total Pages: 1286

ISBN-13:

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The Law of Democracy offers a systematic exploration of the legal construction of American democracy. The book brings together a cluster of issues in law regulating the design of democratic institutions, and the book employs a variety of methods - historical, comparative, theoretical, doctrinal - to explore foundational questions in the theory and practice of democracy. Covered issues include the historical development of the individual right to vote; current struggles over racial gerrymandering; the relationship of the state to political parties; the constitutional and policy issues surrounding campaign-finance reform; and the tension between majority rule and fair representation of minorities in democratic bodies.

Democracy and Executive Power
Democracy and Executive Power

Author: Susan Rose-Ackerman

Publisher: Yale University Press

Published: 2021-10-26

Total Pages: 421

ISBN-13: 0300262477

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A defense of regulatory agencies’ efforts to combine public consultation with bureaucratic expertise to serve the interest of all citizens The statutory delegation of rule-making authority to the executive has recently become a source of controversy. There are guiding models, but none, Susan Rose-Ackerman claims, is a good fit with the needs of regulating in the public interest. Using a cross-national comparison of public policy-making in the United States, the United Kingdom, France, and Germany, she argues that public participation inside executive rule-making processes is necessary to preserve the legitimacy of regulatory policy-making.

Democracy and Distrust
Democracy and Distrust

Author: John Hart Ely

Publisher: Harvard University Press

Published: 1981-08-15

Total Pages: 281

ISBN-13: 0674263294

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This powerfully argued appraisal of judicial review may change the face of American law. Written for layman and scholar alike, the book addresses one of the most important issues facing Americans today: within what guidelines shall the Supreme Court apply the strictures of the Constitution to the complexities of modern life? Until now legal experts have proposed two basic approaches to the Constitution. The first, “interpretivism,” maintains that we should stick as closely as possible to what is explicit in the document itself. The second, predominant in recent academic theorizing, argues that the courts should be guided by what they see as the fundamental values of American society. John Hart Ely demonstrates that both of these approaches are inherently incomplete and inadequate. Democracy and Distrust sets forth a new and persuasive basis for determining the role of the Supreme Court today. Ely’s proposal is centered on the view that the Court should devote itself to assuring majority governance while protecting minority rights. “The Constitution,” he writes, “has proceeded from the sensible assumption that an effective majority will not unreasonably threaten its own rights, and has sought to assure that such a majority not systematically treat others less well than it treats itself. It has done so by structuring decision processes at all levels in an attempt to ensure, first, that everyone’s interests will be represented when decisions are made, and second, that the application of those decisions will not be manipulated so as to reintroduce in practice the sort of discrimination that is impermissible in theory.” Thus, Ely’s emphasis is on the procedural side of due process, on the preservation of governmental structure rather than on the recognition of elusive social values. At the same time, his approach is free of interpretivism’s rigidity because it is fully responsive to the changing wishes of a popular majority. Consequently, his book will have a profound impact on legal opinion at all levels—from experts in constitutional law, to lawyers with general practices, to concerned citizens watching the bewildering changes in American law.

Law, Pragmatism, and Democracy
Law, Pragmatism, and Democracy

Author: Richard A. Posner

Publisher: Harvard University Press

Published: 2009-07-01

Total Pages: 428

ISBN-13: 9780674042292

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A liberal state is a representative democracy constrained by the rule of law. Richard Posner argues for a conception of the liberal state based on pragmatic theories of government. He views the actions of elected officials as guided by interests rather than by reason and the decisions of judges by discretion rather than by rules. He emphasizes the institutional and material, rather than moral and deliberative, factors in democratic decision making. Posner argues that democracy is best viewed as a competition for power by means of regular elections. Citizens should not be expected to play a significant role in making complex public policy regarding, say, taxes or missile defense. The great advantage of democracy is not that it is the rule of the wise or the good but that it enables stability and orderly succession in government and limits the tendency of rulers to enrich or empower themselves to the disadvantage of the public. Posner’s theory steers between political theorists’ concept of deliberative democracy on the left and economists’ public-choice theory on the right. It makes a significant contribution to the theory of democracy—and to the theory of law as well, by showing that the principles that inform Schumpeterian democratic theory also inform the theory and practice of adjudication. The book argues for law and democracy as twin halves of a pragmatic theory of American government.

Misreading Law, Misreading Democracy
Misreading Law, Misreading Democracy

Author: Victoria Nourse

Publisher: Harvard University Press

Published: 2016-09-26

Total Pages: 272

ISBN-13: 0674971418

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Victoria Nourse argues that lawyers must be educated on the basic procedures that define how Congress operates today. Lawmaking creates winners and losers. If lawyers and judges do not understand this, they may embrace the meanings of those who opposed legislation, turning legislative losers into judicial winners and standing democracy on its head.

The Law of Deliberative Democracy
The Law of Deliberative Democracy

Author: Ron Levy

Publisher: Routledge

Published: 2016-11-03

Total Pages: 271

ISBN-13: 1134502060

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Laws have colonised most of the corners of political practice, and now substantially determine the process and even the product of democracy. Yet analysis of these laws of politics has been hobbled by a limited set of theories about politics. Largely absent is the perspective of deliberative democracy – a rising theme in political studies that seeks a more rational, cooperative, informed, and truly democratic politics. Legal and political scholarship often view each other in reductive terms. This book breaks through such caricatures to provide the first full-length examination of whether and how the law of politics can match deliberative democratic ideals. Essential reading for those interested in either law or politics, the book presents a challenging critique of laws governing electoral politics in the English-speaking world. Judges often act as spoilers, vetoing or naively reshaping schemes meant to enhance deliberation. This pattern testifies to deliberation’s weak penetration into legal consciousness. It is also a fault of deliberative democracy scholarship itself, which says little about how deliberation connects with the actual practice of law. Superficially, the law of politics and deliberative democracy appear starkly incompatible. Yet, after laying out this critique, The Law of Deliberative Democracy considers prospects for reform. The book contends that the conflict between law and public deliberation is not inevitable: it results from judicial and legislative choices. An extended, original analysis demonstrates how lawyers and deliberativists can engage with each other to bridge their two solitudes.

Democracy, Race, and Justice
Democracy, Race, and Justice

Author: Sadie T. M. Alexander

Publisher: Yale University Press

Published: 2021-06-15

Total Pages: 320

ISBN-13: 0300246706

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The first book to bring together the key writings and speeches of civil rights activist Sadie Tanner Mossell Alexander--the first Black American economist In 1921, Sadie Tanner Mossell Alexander became the first Black American to gain a Ph.D. degree in economics. Unable to find employment as an economist because of discrimination, Alexander became a lawyer so that she could press for equal rights for African Americans. Although her historical significance has been relatively ignored, Alexander was a pioneering civil rights activist who used both the law and economic analysis to challenge racial inequities and deprivations. This volume--a recovery of Sadie Alexander's economic thought--provides a comprehensive account of her thought-provoking speeches and writings on the relationship between democracy, race, and justice. Nina Banks's introductions bring fresh insight into the events and ideologies that underpinned Alexander's outlook and activism. A brilliant intellectual, Alexander called for bold, redistributive policies that would ensure racial justice for Black Americans while also providing a foundation to safeguard democracy.