Law and Reflexive Politics

Law and Reflexive Politics

Author: E.A. Christodoulidis

Publisher: Springer Science & Business Media

Published: 2013-12-01

Total Pages: 403

ISBN-13: 9401139679

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Law is the great concealer; and law is everywhere. Or so claimed Marxists once upon a time. [Law] was imbricated within the mode of production and productive relations themselves . . . it intruded brusquely within alien categories, re-appearing bewigged and gowned in the form of ideology; . . . it was an arm of politics and politics was one of its arms; it was an academic discipline, subjected to the rigour of its own autonomous logic, it contributed to the definition of the self-identity of both the rulers 1 and the ruled. Does the old critique of domination still hold any sway? Apparently not. Or so even scholars of the far Left keep reminding us in their eagerness to embrace law and proclaim their allegiance to the new constitutional politics of civil society. Old Marxists now describe popular sovereignty as 'co-original' with, and democracy 'internally linked' to 2 constitutional rights and find it hard to remember what it was they once disagreed with liberals about. No tension left between emancipatory politics and oppressive law; instead we have reciprocal constitution, simultaneous realisation. In the Left's embracing of the new constitutionalisms its old critique of law - the critique of the law's concealment of class inequality, class conflict and class action - is left behind.


Reflexive Democracy

Reflexive Democracy

Author: Kevin Olson

Publisher: MIT Press

Published: 2006-04-28

Total Pages: 265

ISBN-13: 0262151162

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An argument for justifying the welfare state politically rather than economically, based on an ideal of democratic equality.


Freedom's Right

Freedom's Right

Author: Axel Honneth

Publisher: John Wiley & Sons

Published: 2014-03-11

Total Pages: 441

ISBN-13: 0745680062

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The theory of justice is one of the most intensely debated areas of contemporary philosophy. Most theories of justice, however, have only attained their high level of justification at great cost. By focusing on purely normative, abstract principles, they become detached from the sphere that constitutes their “field of application” - namely, social reality. Axel Honneth proposes a different approach. He seeks to derive the currently definitive criteria of social justice directly from the normative claims that have developed within Western liberal democratic societies. These criteria and these claims together make up what he terms “democratic ethical life”: a system of morally legitimate norms that are not only legally anchored, but also institutionally established. Honneth justifies this far-reaching endeavour by demonstrating that all essential spheres of action in Western societies share a single feature, as they all claim to realize a specific aspect of individual freedom. In the spirit of Hegel’s Philosophy of Right and guided by the theory of recognition, Honneth shows how principles of individual freedom are generated which constitute the standard of justice in various concrete social spheres: personal relationships, economic activity in the market, and the political public sphere. Honneth seeks thereby to realize a very ambitious aim: to renew the theory of justice as an analysis of society.


Law, Legal Culture and Society

Law, Legal Culture and Society

Author: Alberto Febbrajo

Publisher: Taylor & Francis

Published: 2018-07-04

Total Pages: 443

ISBN-13: 1351040324

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This volume addresses the pluralistic identity of the legal order. It argues that the mutual reflexivity of the different ways society perceives law and law perceives society eclipses the unique formal identity of written law. It advances a distinctive approach to the plural ways in which legal cultures work in a modern society, through the metaphor of the mirror. As a mirror of society, it distinguishes between the structure and function of legal culture within the legal system, and the external representation of law in society. This duality is further problematized in relation to the increasing transnationalisation of law. Based on a multi-level interpretation of the concept of legal culture, the work is divided into three parts: the first addresses the mutual reflections of social and legal norms that support a pluralist representation of internal legal cultures, the second concentrates on the external legal cultures that constantly enable pragmatic adjustments of the legal order to its social environment, and the third concludes the book with a theoretical discussion of the issues presented.


Law and Democracy in Neil MacCormick's Legal and Political Theory

Law and Democracy in Neil MacCormick's Legal and Political Theory

Author: Agustín José Menéndez

Publisher: Springer Science & Business Media

Published: 2011-03-29

Total Pages: 301

ISBN-13: 904818942X

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This volume offers a collection of articles by leading legal and political theorists. Originally intended as a celebration of MacCormick’s work on the occasion of the completion of the four-volume series on Law, State and Practical Reason, it has turned into a homage and salute after MacCormick’s passing. Cast in MacCormick’s reflexive spirit, the book presents a critical reconstruction of the Scottish philosopher’s work, with the aim of revealing the connections between law and democracy in his writings and furthering his insights in each specific field. Neil MacCormick made outstanding contributions to the understanding of law and democracy under conditions of pluralism. His institutional theory of law has elucidated the close connection between the normative character of law as a means of social integration and legal social practices. This has produced a synthesis of the key insights of the legal and political theories of Kelsen, Hart, Alexy and Dworkin, and has broken new ground by undermining the ‘monolithic’ and ‘nation-state’ centered character of standard legal theories.


Niklas Luhmann's Theory of Politics and Law

Niklas Luhmann's Theory of Politics and Law

Author: M. King

Publisher: Springer

Published: 2003-09-16

Total Pages: 273

ISBN-13: 0230503586

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Niklas Luhmann's social theory stands in direct opposition to the dominant 'anthropocentric' traditions of legal and political analysis. King and Thornhill now offer the first comprehensive, critical examination of Luhmann's highly original theory of the operations of the legal and political systems. They describe how from the perspective of his 'sociological enlightenment' Luhmann continually calls to account the certainties, the ambitions and rational foundations of The Enlightenment and the idealized versions of law and politics which they have produced.


Reflexive Governance for Sustainable Development

Reflexive Governance for Sustainable Development

Author: Jan-Peter Voß

Publisher: Edward Elgar Publishing

Published: 2006-01-01

Total Pages: 478

ISBN-13: 1847200265

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This book deals with the issue of sustainable development in a novel and innovative way. It examines the governance implications of reflexive modernisation - the condition that societal development is endangered by its own side-effects. With conceptualising reflexive governance the book leads a way out of endless quarrels about the definition of sustainability and into a new mode of collective action.


Reflexive Governance in EU Equality Law

Reflexive Governance in EU Equality Law

Author: Emma Lantschner

Publisher: Oxford University Press

Published: 2021

Total Pages: 481

ISBN-13: 0192843370

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The Covid-19 pandemic has revealed how far we as a European society still are from the proclaimed Union of Equality. The book explores how the promise of equal treatment can become a reality and compliance with the EU acquis relating to equality and non-discrimination can be improved. It studies enforcement and promotion aspects of the two watershed directives of 2000, the Racial Equality Directive 2000/43/EC and the Employment Equality Directive 2000/78/EC, through the lens of reflexive governance. This governance approach is proposed as having great potential in enhancing the likelihood of sustainability (or continuation) of reforms in the current candidate countries and EU Member States through its emphasis on reflexive learning processes and the cooperation between EU institutions, national authorities, and civil society actors. In order to deploy this potential, there is, however, a need for more consistent and transparent monitoring, both with regard to candidate countries as well as old and new Member States, and a reconsideration of the understanding of monitoring as such. It should be seen as helping to deconstruct own preference-formations and as a possibility to learn from successes and failures in a cooperative and recursive process. To work on these lacunae and improve learning and monitoring processes, this book identifies indicators, that are deduced from the comparative review of the implementation practice of the member states. This book is thus a contribution to the existing literature in the fields of Europeanization, governance, and the right to equality and non-discrimination.


Reflexive Governance for Global Public Goods

Reflexive Governance for Global Public Goods

Author: Eric Brousseau

Publisher: MIT Press

Published: 2012

Total Pages: 383

ISBN-13: 0262017245

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Global public goods (GPGs)--the economic term for a broad range of goods and services that benefit everyone, including stable climate, public health, and economic security--pose notable governance challenges. At the national level, public goods are often provided by government, but at the global level there is no established state-like entity to take charge of their provision. The complex nature of many GPGs poses additional problems of coordination, knowledge generation and the formation of citizen preferences. This book considers traditional public economy theory of public goods provision as oversimplified, because it is state centered and fiscally focused. It develops a multidisciplinary look at the challenges of understanding and designing appropriate governance regimes for different types of goods in such areas as the environment, food security, and development assistance. The chapter authors, all leading scholars in the field, explore the misalignment between existing GPG policies and actors' incentives and understandings. They analyze the complex impact of incentives, the involvement of stakeholders in collective decision making, and the specific coordination needed for the generation of knowledge. The book shows that governance of GPGs must be democratic, reflexive--emphasizing collective learning processes--and knowledge based in order to be effective.


Reflexive Governance

Reflexive Governance

Author: Olivier De Schutter

Publisher: Bloomsbury Publishing

Published: 2010-05-19

Total Pages: 266

ISBN-13: 1847315844

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Reflexive governance offers a theoretical framework for understanding modern patterns of governance in the European Union (EU) institutions and elsewhere. It offers a learning-based approach to governance, but one which can better respond to concerns about the democratic deficit and to the fulfillment of the public interest than the currently dominant neo-institutionalist approaches. The book is composed of one general introduction and eight chapters. Chapter one introduces the concept of reflexive governance and describes the overall framework. The following chapters of the book then summarise the implications of reflexive governance in major areas of domestic, EU and global policy-making. They address in turn: Services of General Interest, Corporate Governance, Institutional Frames for Markets, Regulatory Governance, Fundamental Social Rights, Healthcare Services, Global Public Services and Common Goods. While the themes are diverse, the chapters are unified by their attempt to get to the heart of which concepts of governance are dominant in each field, and what their successes and failures have been: reflexive governance then emerges as one possible response to the failures of other governance models currently being relied upon by policy-makers.