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Walter Horn - Democratic Theory Naturalized

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Walter Horn

Democratic Theory Naturalized

2020

doi.org/10.5771/9781793624963

Christine Chwaszcza - Moral Responsibility and Global Justice

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Christine Chwaszcza

Moral Responsibility and Global Justice

Series: Studies in Political Theory

Volume 1 2011

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Democratic-peace Theory S. 106-109

„… judgments in foreign policy.604.5. Democratic-peace TheoryOne of the “earliest” post-War approaches to …” „… security, democratic-peace theory takes a discriminatory stance towardsliberal and non-liberal states, and …” „… strikingfeature of democractic peace theory: the advice that democratic states should adopt aprinciples of foreign …”

Human Rights Standards and Voluntary Migration S. 171-181

„… accept a majority vote has puzzled democratic theory. The puzzle, however, is more intricate in theory …” „… for example Phillip Cole (2000) suggests – that (democratic) liberal theory has nothing to say about …” „… phenomenon of migration in normative political theory is that it is a multifaceted phenomenon, even though it …”

Theoretical Perspectives for a Changing Practice S. 109-113

„… South.”Being discriminatory, democratic-peace theory is the opposite of an ethics ofgeneral norms, although it …” „… political moralism, democratic peace too, resists thetemptation to offer grand theory, and instead …” „… characterizes the65 Although democratic-peace theory has also been understood as the advise to …”

A Critique of Some Common Arguments of the Current Debate S. 183-190

„… perfectly realized, not even in pluralistic democratic societies.45 But it is not the task of theory to …” „… democratic political associations only –, that there exists a plurality of equally “permissible,” but …” „… different forms of democratic practice – and of democratic welfare states in particular – that allows for …”

Collective Security S. 102-106

„… .604.5. Democratic-peace TheoryOne of the “earliest” post-War approaches to international peace, Michael …” „… remarkable difference to the legalist paradigm and the idea ofcollective security, democratic-peace theory …” „… theoryof democratic peace constitutes partly an explanatory hypothesis, partly a normativeproposal.61 Its …”

Methodological Statism. The Limits of a Theoretical Paradigm S. 43-49

„… disadvatanges. The practice of politics,especially democratic politics, more often generates special …” „… liberal political theory, I willargue that the institutional framework has an impact on the conditions …” „… association.2.1 Methodological Statism. The Limits of a Theoretical ParadigmLiberal political theory is …”

The Ethical Status of Political Associations S. 49-54

„… democratic practice, and as such constitute an aspect of statesconsidered as political associations rather …” „… influential monograph Political Theory and InternationalRelations in 1979, Charles Beitz defended the claim …” „… idea of aquasi-democratic international human rights regime in Buchanan/Keohane (2004).50commonly, by …”

Contemporary Challenges and Theoretical Options: An Overview S. 75-84

„… developments is the one that is mostlikely to be true, of course, is beyond the task of normative theory.The …” „… under theimperfect conditions which actually prevail.4.2. Beyond Just-war TheoryJust-war theory was …” „… arelandmarks of the tradition. Whereas just-war theory, as the name indicates, isprimarly concerned with the …”

States as Legal Persons and the Assignment of Collective Responsibilities S. 54-67

„… guarantee of mutualadvantage and the expectation of reciprocal acceptance of democratic procedures …” „… thepurely institutional view, because democratic practice generates mutual dependencyand demands reciprocal …” „… requirement, the exercise ofdemocratic rights and democratic practice generate further and additional …”

Bibliography S. 195-206

„… HumanitarianIntervention, The Hague/ Boston: Kluwer.Adelman Howard (2002): “Theory and Humanitarian Intervention,” in …” „… Theory 25 (1997) 771-813.– (2005): “The Ethics of Immigration,” Constellations 12 (2005), 331-361.Baier …” „… Political Theory of Migrant Transnationalism,” International MigrationReview 37 (2003) 700-723.196– (2006 …”

Objections to Cosmopolitanism S. 168-171

„… normative justification. Insofar as one considers normative theory as aiming at practice, it is I think …” „… conflicts that characterize it. By approaching normative theory of international relations as if it were …” „… “political theory writ large,” cosmopolitans not only ignore the normative significance of institutional …”

Titelei/Inhaltsverzeichnis S. 2-12

„… . Democratic-peace Theory 1064.6. Theoretical Perspectives for a Changing Practice 1095. Humanitarian …” „… Agency 593. Two Types of Normative Political Theory 673.1. General Norms and Principles for …” „… Argument and Practical Conditions of Application 83104.2. Beyond Just-war Theory 844.3. The …”

Socioeconomic Human-rights Requirements Beyond the Nation-state S. 156-168

„… single and unique answer, so one should not expect normative theory to do better. Quite to the contrary …” „… , if normative theory is supposed to be theoretically convincing at all it must allow for normative …” „… not only to integrate empirical-practical information, but also to consult empirical economic theory …”

Some Deficiencies of the Present State of the Debate S. 145-149

„… theory as well as practice that extreme poverty constitutes a moral evil that generates duties of …” „… is notoriously contested in human-rights theory.4 Even worse, also outside human rights theory there …” „… “self-ownership.” Since Rawls’ Theory of Justice, purely formal approaches to conceptual analysis of rights or …”

Human Rights Standards and the Normative Status of Institutional Goals S. 149-154

„… theoretical controversies. Neither has Rawls’ disapproval of cosmopolitan extensions of his theory been very …” „… definition of the concept of (legal) rights, which is common in legal theory, and which is bound to the …” „… know any theory apart from libertarianism that denies subsistence the status of general moral concern …”

Human Rights as “Universal” Standards: A Few Arguments Against Relativism S. 35-43

„… thatnormative theory requires if it is supposed to be relevant for practice. One strategythat is often found …” „… concrete requirements. Such a distinctionarticulates a common consideration in normative and legal theory …” „… interpretation of transnational human-rights requirements.39a substantive moral theory, but either a theory of …”

doi.org/10.5771/9783845227436

John Erik Fossum, Agustín José Menéndez - The Constitution's Gift

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John Erik Fossum, Agustín José Menéndez

The Constitution's Gift

2011

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Conclusion: The Future of a Constitutional Experiment S. 207-228

„… direct democratic legitimacy credentials.Second, the theory of constitutional synthesis reveals the …” „… synthesis. That would be the ultimate test case of the salience of theory—can a proper theoretical …” „… only body that can claim direct democratic legitimacy at the Union level)? Or is the European Union a …”

Chapter 2. A Theory of Constitutional Synthesis S. 45-76

„… . In accordance with this, the theory of multilevel constitutionalism seeks to devise a democratic …” „… not).Multilevel constitutionalism is also a theory of democratic constitution-alism with normative purport, but …” „… 2theory offers no conception of what democratic citizenship entails; thus there is no clear standard …”

Introduction: The European Enigma S. 1-16

„… chapter 5 we outline and discuss the theory’s ability to supply compelling accounts of the genesis and …” „… to democratic standards? If so, is the Union’s democratic legitimacy direct, or is it derived from …” „… confusion pertains to the Union’s democratic legitimacy credentials. The Union has reiterated its vocation …”

Chapter 1. Introducing theConstitutional Tool Kit S. 17-44

„… democratic constitution-making process), whereas a substantive normative theory points to the intrinsic …” „… that a proper understanding of Community law and politics requires a full-fledged constitutional theory …” „… . We present this theory of constitutional synthesis in the next chapter (chapter 2) and then proceed …”

Chapter 5. Untangling the Knots by Means of the Theory of Constitutional Synthesis S. 163-176

„… attention to how the European situation would look if it had been programmed by the theory.The Genesis …” „… synthesis is also relevant as an applied constitutional theory.The very terms in which the genesis riddle is …” „… 1635Untangling the Knots by Means of the Theory of Constitutional SynthesisIn chapters 3 and 4, we …”

Chapter 6. Canada’s Constitutional Experience and Lessons for Europe S. 177-206

„… would be the question of democratic authorization. Our theory of constitutional synthesis provides a …” „… illustrates that a society mobilized by the norms of democratic constitutionalism will not accept a theory and …” „… failed to obtain explicit democratic authorization; this EU trait also finds parallels in Canada.These …”

Index S. 291-304

„… continuity with past, 181; democratic impulse of, 197–98, 201–2; derivative character of, 177–78, 180, 182 …” „… : democratic legitimacy of, 69; democratizing potential of, 221; experimental character of, 68, 90, 101, 104 …” „… ; in-between character of, 122–23; and regulatory decision making, 68; and theory of conflicts, 74 …”

Chapter 3. From Paris to Nice: The Constitutional Path of European Integration S. 77-128

„… constitutional process. Second is to clarify through empirical reconstruction the role of the theory of …” „… innovative constitutional path that Europe’s democratic constitutional states followed in their efforts to …” „… project of living under democratic law. It was the shocking experience of two world wars in one generation …”

Preface

„… ii 11/4/10 12:39 PMThe Constitution’s GiftA Constitutional Theory for a Democratic European …” „… gift : a constitutional theory for a democratic European Union / John Erik Fossum and Agustín José …” „… integration process represents a major intellectual challenge for democratic and constitutional theory. Such a …”

Notes S. 229-290

„… and the American Federal Experience (Berlin: De Gruyter, 1986).27. Indeed, Kelsen’s pure theory was …” „… University Press, 1961).28. Our theory draws inspiration from institutional perspectives in law, politics …” „… : The Free Press, 1989); and James G. March and Johan P. Olsen, Democratic Governance (New York: The …”

Chapter 4. From Laeken to Lisbon: Moving Beyond Synthesis or Heightened Constitutional Ambiguity? S. 129-162

„… hand, transcending beyond synthesis through democratic constitution making (the democratic foundation …” „… European constitution that deserved its name, a clarion call to transcend synthesis through democratic …” „… . Fur-thermore, the ultimate goal was supposedly to “improve and monitor the democratic legitimacy of the Union …”

doi.org/10.5771/9781442208575

Claire Moulin-Doos - CiviC Disobedience: Taking Politics Seriously

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Claire Moulin-Doos

CiviC Disobedience: Taking Politics Seriously

Series: Zeitgenössische Diskurse des Politischen

Volume 7 2015

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- Role of Political Disobedience- Limiting Democracy versus Promoting Democracy S. 157-188

„… were supposed to play a role. On the contrary, democratic theory considers democracy as an end in …” „… disobedience according to democratic theory, which is to promote democracy, for democracy is perpetual in the …” „… disobedience according to liberal theory is a mean to limit the democratic authority understood restrictively …”

- Justification of Political Disobedience- Liberal Moral Justification versus Political Justification S. 105-156

„… claims to be democratic. We will see that liberal theory grants a moral justification to actions of …” „… theory of political disobedience, a democratic theory. Democratic theory, in contrast to liberal theory …” „… disobedience, democratic theory does not deal with justification because democracy does not imply values from …”

Titelei/Inhaltsverzeichnis S. 1-14

„… des Politischen | 7 A Democratic Theory of Political Disobedience Schriftenreihe Zeitgenössische …” „… debates. 2.Auflage A Democratic Theory of Political Disobedience CiviC Disobedience: Taking Politics …” „… Cataloging-in-Publication Data Moulin-Doos, Claire CiviC Disobedience: Taking Politics Seriously A Democratic Theory of …”

Introduction S. 15-28

„… . Secondly, this work aims at developing a democratic theory of political disobedience as an alternative to …” „… to present a democratic theory of political disobedience, which in turn means that the premises of …” „… for the role of political disobedient acts within a polity. A democratic theory, by contrast …”

- CiviC Disobedience and Democracy: the same Logic of Promoting Politics S. 83-104

„… legal act (i.e. the contract) establishes the polity. By contrast, in democratic theory a political act …” „… disobedience (the need for a new theory of political disobedience, the liberal/democratic divide and the …” „… rather has to do with the capacity to incite action, to act politically (2). 1 A democratic myth …”

Conclusion S. 189-190

„… democratic theory of political disobedience. It was thought of as an alternative to existing works on the …” „… aspects of justification of actions of disobedience, democratic theory is concerned with the role …” „… contents of democracy. Democratic theory has no pretension of this sort, for the decision (and not the …”

References S. 191-205

„… S. (1996) The Liberal/Democratic Divide. On Rawls's Political Liberalism. Political Theory …” „… . European Journal of Political Theory 1:215-27. Audi, Robert. (1989) The Separation of Church and State …” „… . (1988) The Conquest of Politics: Liberal Philosophy in Democratic Times. Princeton: Princeton …”

- Generic Concept of Political Disobedience S. 29-60

„… hegemonic definition coined by Hugo Bedau and popularised by John Rawls in his famous book A Theory of …” „… 35 unlike active resistance, may be more or less tolerated and legitimated in a democratic system …” „… the need for justification, theory is tempted to establish a narrower definition of civil …”

- Civil Disobedience and Liberalism: the same Logic of Defending “Rights” S. 61-82

„… ) Liberal theory places tremendous confidence in the Law.26 This happens to the detriment of politics …” „… , which liberal theory views with scepticism (1). This consubstantial link between liberalism and Law and …” „… the plural of Law. Chapter II – Civil Disobedience and Liberalism 62 1 For liberal theory, “rights …”

doi.org/10.5771/9783845255576

Petra Gümplová - Sovereignty and Constitutional Democracy

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Petra Gümplová

Sovereignty and Constitutional Democracy

Series: Studien zur Politischen Soziologie. Studies on Political Sociology

Volume 10 2011

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Schmitt’s Democratic Constitutional Theory S. 127-129

„… 127 3. 3. Sovereignty and Constitution-Making 3.3.1. Schmitt’s Democratic Constitutional Theory …” „… some commentators have called a theory of “democratic constitutionalism.” Contrasting with the liberal …” „… entire project of developing an alternative theory to liberal constitutionalism. In keeping with his …”

Introduction S. 9-22

„… .3 Democratic theory, on the other hand, has attempted to defend the principle of popular …” „… haunted democratic theory ever since. Modern theory of democracy, upholding the view that the people are …” „… , Participation and Democratic Theory (Oxford: Oxford University Press, 1976). 11 principles on the other hand …”

Conclusion S. 193-206

„… popular sovereignty with constitutionalism, opening up a promising path for a theory of democratic …” „… failure to formulate a workable theory of democratic constitutionalism for today’s complex societies has …” „… , institutionalized workings of democratic politics. Schmitt’s theory does not suggest that democratic …”

Democracy and the Reconstitution Model of Sovereignty S. 138-142

„… anything prior to it. Ultimately, Schmitt’s theory of democratic constitution-making thus makes a rather …” „… existing legal order. By the time he published his Constitutional Theory, Schmitt had come to understand by …” „… (having monopoly on the use of force) by definition. In his constitutional theory, Schmitt implicitly …”

Sovereignty and Deliberative Autonomy: A Defense S. 181-185

„… . Neither in his moral theory, nor in his theory of democratic legitimacy and discourse theory of law, does …” „… 181 count for all contexts of validity—moral validity, legal validity, and democratic legitimacy …” „… account of democratic legitimacy and the legitimacy of law is still based on strong idealizations inherent …”

Constitution-making Power and Sovereign Dictatorship S. 129-133

„… constitutionalism from liberalism and to present what some commentators have called a theory of “democratic …” „… theory: that of the foundation of democracy and the democratic legitimacy of a constitution. By …” „… of its political will. The constitutional theory proposed by Schmitt focuses on the moment of the …”

Schmitt’s Model of the Foundation and Its Critics S. 133-138

„… confronting one of the most puzzling and neglected problems of democratic theory: that of the foundation of …” „… From the point of view of a normative theory of democratic constitutionmaking, the issues stemming from …” „… democratic constitutional politics. It is undoubtedly an achievement of Schmitt’s theory to have opened up a …”

The Two-track Model of Democratic Politics S. 171-175

„… Ibid., 135. 372 William E. Scheuerman, “Between Radicalism and Resignation: Democratic Theory in …” „… the theory and practice of constitutional democracy, some kind of “radical” democratic power remains …” „… Two-track Model of Democratic Politics Having thus reconciled rights and popular sovereignty on the …”

Beyond Sovereignty? S. 185-192

„… , democratic procedures can and must be abandoned.391 When by ‘the people’ we understand ‘the public’ instead …” „… mitigating the latter’s negative impacts. 4. 4. Beyond Sovereignty? Habermas’s theory of politics combines …” „… two inseparable yet distinct sources. One is represented by his theory of the structural …”

Democracy, Autonomy, and Popular Sovereignty S. 87-92

„… of popular sovereignty? When approaching Kelsen’s theory from the perspective of the democratic rule …” „… a prominent role in Kelsen’s theory, it is only recently that political theorists have started to …” „… neglected his conception of democracy as irrelevant for the discussion of the pure theory of law, or …”

„… claim, especially given the fact that legal and political theory has always understood the democratic …” „… democracy and rights.349 As his next step, Habermas therefore formulates a broader theory of democracy, one …” „… processes that are institutionalized through democratic procedures. Habermas’s ambition, howeer, is even …”

The Enlightenment Model of Critical Publicity S. 143-150

„… hand, there is the political theory of Carl Schmitt, centered on the notion of the purely political …” „… , Hans Kelsen’s pure theory of law had marked the beginning of a new paradigm of legal thought, promising …” „… to finally recast sovereignty in terms of the constitutional democratic state. In his efforts to move …”

Norm and Decision: Schmitt’s Early Legal Philosophy S. 93-101

„… subjected Schmitt’s position and significance in democratic theory to a systematic examination. See Chantal …” „… theory of democratic constitutionalism. The two texts together provide a key to Schmitt’s theory of …” „… remarkable explosion of Carl Schmitt scholarship in Western political theory.190 Several reasons may explain …”

„… show that for the theory and practice of constitutional democracy, some kind of “radical” democratic …” „… this “radical” democratic element in Habermas’s theory consists of needs therefore to be taken a closer …” „… Despite the complexity of Habermas’s theory, the basic idea behind his discursive vision of democracy is …”

Discourse as the Sovereign? S. 179-181

„… validity, legal validity, and democratic legitimacy. Neither in his moral theory, nor in his theory of …” „… democratic legitimacy and discourse theory of law, does Habermas suggest anything to the effect that the …” „… conditions and limited in its outcomes. Habermas’s discourse theory of democracy rests on the simple claim …”

The Thesis of the Primacy of International Law S. 69-79

„… democratic theory can accept Kelsen’s solution to the problem of the beginning of a constitutional order. The …” „… of the pure theory’s complete normativism. Even if such a thing as the convergence of the wills of …” „… up being drawn upon to buttress a theory of international law, one that, moreover, for Kelsen was …”

The Decline and the Revitalization of the Public Sphere S. 150-153

„… the publicness and his sympathy with Critical Theory’s aversion to mass society and mass culture …” „… fundamental feature of his later discursive conception of democracy. It is also crucial for his theory of …” „… sovereignty and the notion of popular sovereignty at the normative core of this theory. In what follows, I …”

The Problem of Legal Legitimacy S. 58-64

„… jurisprudentially and empirically. Kelsen rightly displaced the questions of power and violence from legal theory …” „… of the basic concepts of legal theory in terms of the critique of sovereignty represented a …” „… progressive move beyond the command theory of law and the socio-historical accounts of law that dominated …”

Presidential Dictatorship and Popular Sovereignty S. 119-124

„… the reversal of the emphasis on the will-less norm, producing an alternative theory that stresses the …” „… Sovereignty Should Political Theology be taken to represent the standard formulation of Schmitt’s theory of …” „… theory of dictatorship and sovereignty to the model of presidential 263 Ibid., 51. 264 Ibid., 38–39 …”

Law and Autonomy S. 158-163

„… political theory of modern constitutional state. 4.2.2. Law and Autonomy In The Theory of Communicative …” „… resented by many analysts as a sign of his giving up the perspective of critical theory. Here the nature …” „… modern process of the lifeworld’s rationalization.341 While in The Theory of Communicative Action …”

Bibliography S. 207-214

„… Crisis of Global Order. Abington: Routledge, 2007. Pateman, Carole. Participation and Democratic Theory …” „… Resignation: Democratic Theory in Habermas’s Between Facts and Norms.” In Discourse and Democracy, edited by …” „… Law: The Theory and Practice of Weimar Constitutionalism. Durham: Duke University Press, 1997 …”

Acknowledgments S. 5-8

„… first to introduce me to the field of constitutional theory, and it was his classes on political …” „… sociology, constitutional theory and comparative constitution-making, and dictatorship that sparked my …” „… interest in the intricate questions crisscrossing the boundary between legal and political theory. I was …”

The Illusion of the Rule of Law S. 101-108

„… liberal view of the rule of law, proposing an alternative legal theory centered on the notion of the …” „… which rules are applied.212 In the theory of the state of exception, the discretionary element in the …” „… of the sovereign decision as the missing element in modern legal theory. At first, he related …”

Liberal Politics During a Crisis S. 108-111

„… the last section of this chapter, I will look at whether Schmitt’s democratic constitutionalism …” „… critical situations. The next conceptual move in Schmitt’s theory consisted in linking sovereignty to …” „… another blind spot in liberal theory, namely, its inability to address the problem of the emergency …”

Dictatorship S. 111-115

„… dictatorships caused by war or economic crisis. In developing his theory, Schmitt prioritizes the relationship …” „… theory. In the interpretation of Schmitt’s work, the “state of exception” that lies at the heart of his …” „… theory of emergency government is often stressed as the extraordinary moment that provides the standard …”

Critical Theory and Communicative Rationality S. 153-158

„… purpose now is not just to subordinate the exercise of public authority to the requirement of democratic …” „… have just outlined provides the key to understanding Habermas’s much more implicit theory of …” „… sovereignty, with the discursive procedural theory of popular sovereignty forming its core. Habermas’s …”

Sovereignty of the Legal System S. 64-69

„… compelling when combined with other features such as the democratic creation of general legal norms, the …” „… constitutional democracy.128 There is then, in fact, a theory of democracy contained in Kelsen’s work, and it is …” „… Kelsen’s theory of democracy in the last section of this chapter, we will nonetheless first need to discuss …”

Sovereignty Between Law and Politics S. 83-87

„… coexist in overlaying domains. Systems theory has convincingly demonstrated this possibility of different …” „… pluralism as some, working in certain corners of contemporary system theory, might wish to suggest. What we …” „… ,” 264. 84 consider more in detail the reasons for Kelsen’s proposing such a monistic theory of legal …”

Does Emergency Rule Reveal the Essence of Sovereignty? S. 124-127

„… Democratic Constitutional Theory During the early phase of his work in the early 1920s, Carl Schmitt focused …” „… laying out his theory of sovereignty, popularized the threshold model of sovereignty according to which …” „… . According to some liberal strands of thought such as that represented by Locke’s theory of the prerogative …”

Cosmopolitan Monism Contested S. 79-83

„… of the constitution thus cannot but fail to provide a solid conceptual basis for democratic …” „… either a theory of the subordination of international law to national law or a theory of the coordination …” „… . The pure theory with its critique of the dogma of sovereignty was not meant to commit the legal …”

doi.org/10.5771/9783845231235

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