Disputes and Democracy

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.

Author: Steven Johnstone

Publisher: University of Texas Press

ISBN: 9780292788558

Category: History

Page: 223

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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.
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Multi Party Dispute Resolution Democracy and Decision Making

The articles selected for this volume draw on game theory, political science, psychology, sociology and anthropology to consider how the process of dispute resolution is altered, challenged and made more complex by the presence of multiple ...

Author: Carrie Menkel-Meadow

Publisher: Routledge

ISBN: 9781351916523

Category: Law

Page: 602

View: 176

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The articles selected for this volume draw on game theory, political science, psychology, sociology and anthropology to consider how the process of dispute resolution is altered, challenged and made more complex by the presence of multiple parties and/or multiple issues. The volume explores issues of coalition formation, defection, collaboration, commitments, voting practices, and joint decision making in settings of increasing human complexity. Also included are examples of concrete uses of deliberative democracy processes taken from new applications of complex dispute resolution theory and practice. The selected essays represent the latest theoretical advances and challenges in the field and demonstrate attempts to use dispute resolution theory in a wide variety of settings such as political decision making and policy formation; regulatory matters; environmental disputes; healthcare; community disputes; constitutional formation; and in many other controversial issues in the polity.
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The Drama of Democracy

Grant argues that planning provides a significant venue for debate about the workings of democracy.

Author: Jill Grant

Publisher:

ISBN: UOM:39015032579503

Category: Social Science

Page: 252

View: 594

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Grant argues that planning provides a significant venue for debate about the workings of democracy. She illustrates her theory with two case studies of planning disputes in Halifax, Nova Scotia. By examining the language and actions of the citizens, planners, and politicians involved in these disputes, Grant explores underlying motives and concerns. She concludes that while democracy is a valued cultural concept, its practice proves weak. Paper edition (unseen), $18.95. Annotation copyright by Book News, Inc., Portland, OR
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Civil Military Dynamics Democracy and International Conflict

Addressing decision-making over interstate disputes and the democratic peace thesis, Choi and James build an interactive foreign policy decision-making model with a special emphasis on civil-military relations, conscription, diplomatic ...

Author: P. James

Publisher: Springer

ISBN: 9781403978257

Category: Political Science

Page: 197

View: 878

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Addressing decision-making over interstate disputes and the democratic peace thesis, Choi and James build an interactive foreign policy decision-making model with a special emphasis on civil-military relations, conscription, diplomatic channels and media openness. Each is significant in explaining decisions over dispute involvement. The temporal scope is broad while the geographic scope is global. The result is sophisticated analysis of the causes of conflict and factors that can ameliorate it, and a generalizable approach to the study of foreign relations. The findings that media openness contributes to peaceful resolution of disputes, that the greater the influence of the military the more likely for their to be interstate disputes, that conscription is likely to have the same effect, and that increases in diplomatic interaction correlate with increased conflict are sure to generate debate.
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A Matter of Dispute

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.

Author: Christopher J. Peters

Publisher: Oxford University Press

ISBN: 9780199749959

Category: Law

Page: 378

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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.
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Democracy Dialogue and Environmental Disputes

This book addresses the conundrum of regulation by tracing its source to the competing characterizations of regulatory legitimacy that have accompanied the growth of the American state.

Author: Bruce A. Williams

Publisher: Yale University Press

ISBN: 0300075545

Category: Science

Page: 272

View: 858

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At every level of government, environmental regulation is under siege. In Washington, it has been attacked first through the "New Federalism" and now through the "Contract with America." Outside the capital, environmental regulation is the subject of controversy as state and local officials struggle with new responsibilities, threats of industry exit, and challenges from grassroots groups. This book addresses the conundrum of regulation by tracing its source to the competing characterizations of regulatory legitimacy that have accompanied the growth of the American state. Bruce Williams and Albert Matheny identify three distinct languages--managerial, pluralist, and communitarian--used to articulate competing visions of regulation. They argue that each language posits a different understanding of the public interest and therefore a different relationship between the state, the market, and the public. Because all three languages are invoked in regulatory debates, disputants talk past one another, leaving fundamental issues of legitimacy and democracy unresolved or masked by unexamined assumptions. The authors propose a dialogic model for analyzing regulatory policymaking, drawing on postmodernist theory that claims that establishing single languages for understanding the world inevitably distorts communication. They then apply their analysis to case studies of actual environmental disputes over hazardous waste regulation in the 1980s and 1990s in New Jersey, Ohio, and Florida.
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The Judge in a Democracy

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.

Author: Aharon Barak

Publisher: Princeton University Press

ISBN: 9781400827046

Category: Law

Page: 368

View: 411

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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.
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Democracy and War

Using a variety of social scientific methods of investigation ranging from statistical studies and laboratory experiments to case studies and computer simulations, Rousseau challenges this conventional wisdom by demonstrating that ...

Author: David L. Rousseau

Publisher: Stanford University Press

ISBN: 9780804767514

Category: Political Science

Page: 408

View: 772

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Conventional wisdom in international relations maintains that democracies are only peaceful when encountering other democracies. Using a variety of social scientific methods of investigation ranging from statistical studies and laboratory experiments to case studies and computer simulations, Rousseau challenges this conventional wisdom by demonstrating that democracies are less likely to initiate violence at early stages of a dispute. Using multiple methods allows Rousseau to demonstrate that institutional constraints, rather than peaceful norms of conflict resolution, are responsible for inhibiting the quick resort to violence in democratic polities. Rousseau finds that conflicts evolve through successive stages and that the constraining power of participatory institutions can vary across these stages. Finally, he demonstrates how constraint within states encourages the rise of clusters of democratic states that resemble "zones of peace" within the anarchic international structure.
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The Territorial Peace

This book argues that threats to homeland territories force centralization within the state, for three reasons. First, territorial threats are highly salient to individuals, and leaders must respond by promoting the security of the state.

Author: Douglas M. Gibler

Publisher: Cambridge University Press

ISBN: 9781139560726

Category: Political Science

Page:

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There is continued discussion in International Relations surrounding the existence (or not) of the 'democratic peace' - the idea that democracies do not fight each other. This book argues that threats to homeland territories force centralization within the state, for three reasons. First, territorial threats are highly salient to individuals, and leaders must respond by promoting the security of the state. Second, threatened territories must be defended by large, standing land armies and these armies can then be used as forces for repression during times of peace. Finally, domestic political bargaining is dramatically altered during times of territorial threat, with government opponents joining the leader in promoting the security of the state. Leaders therefore have a favorable environment in which to institutionalize greater executive power. These forces explain why conflicts are associated with centralized states, and in turn why peace is associated with democracy.
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Direct Democracy and Minorities

This volume includes articles by specialist researchers on - historical experiences of direct-democratic decisions on territorial conflicts; - theoretical considerations on direct democracy and minorities; - case studies on popular votes ...

Author: Wilfried Marxer

Publisher: Springer Science & Business Media

ISBN: 9783531943046

Category: Political Science

Page: 254

View: 789

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Modern direct democracy has become an essential element of political life in many countries in Europe and worldwide. The initiative and referendum process offers extra channels for citizen participation and thus represents an important supplementary institution in modern democracies. This third volume of the series Direct Democracy in Modern Europe focuses on direct-democratic decisions on minority affairs. The main question is whether direct democracy tends towards a domination of the majority over a minority, producing new conflicts, or whether, how, and under what conditions it helps to solve problems in complex societies and leads to lasting solutions to political disputes. This volume includes articles by specialist researchers on - historical experiences of direct-democratic decisions on territorial conflicts; - theoretical considerations on direct democracy and minorities; - case studies on popular votes concerning minority issues; - several country case studies; - the role of the media in direct-democratic campaigns on minority affairs; - the potential of transnational direct democracy.
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Overcoming Social Division

This book takes the reader through empirical key factors, obstacles and blind spots and provides helpful guidelines for everyone interested in mitigating social division and resolving conflicts.

Author: Anatol Valerian Itten

Publisher: Routledge

ISBN: 9781351255981

Category: Psychology

Page: 165

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Locked in our worldview communities and polarised through increasingly radical campaigning, we are anxious of today's great uncertainty and our politicians have little incentive to reach across party lines. The problem of social division is real. The Brexit vote led to the highest spike in hate crimes in Britain ever recorded and heated situations like the far-right rally in Charlottesville, USA are increasingly boiling over. Overcoming Social Division is not another book about dying democracies, because horror scenarios don't make you act. Instead, it is an optimistic response on what can be done, and about how we can coexist in fragmented and polarised societies. Anatol Valerian Itten explains how public conflict resolution, civic fusion and mediative decision making help us re-learn the ability to find common ground on controversial issues with our fellow citizens, whom we tend to assume believe more extreme things than they really do. This book takes the reader through empirical key factors, obstacles and blind spots and provides helpful guidelines for everyone interested in mitigating social division and resolving conflicts. The author's insights are based on his experience in conflict management, a study of dozens of public conflict resolution cases and surprising stories of over twenty interviewed mediators. Overcoming social division can be a strenuous task. But talking to our enemies is necessary if we don't want to end up in dysfunctional democracies, and it can be a more rewarding experience than we might think. This is a fascinating read for students and academics interested in conflict resolution and public participation from psychology, social sciences, law, and related disciplines. It is also a unique resource for professionals including officials, mediators, lawyers and other practitioners dealing with conflict and public participation.
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Democracy in Decline

This short collection of essays is essential reading for anyone wanting to understand the latest thinking on one of the most critical questions of our era.

Author: Larry Diamond

Publisher: Johns Hopkins University Press

ISBN: 1421421216

Category: Political Science

Page: 144

View: 822

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This short collection of essays is essential reading for anyone wanting to understand the latest thinking on one of the most critical questions of our era.
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Hegemony and Democracy

This collection is an essential volume for students and scholars of International Relations, American Politics, and US Foreign Policy.

Author: Bruce Russett

Publisher: Routledge

ISBN: 9781136818868

Category: Political Science

Page: 274

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Hegemony and Democracy is constructed around the question of whether hegemony is sustainable, especially when the hegemon is a democratic state. The book draws on earlier publications over Bruce Russett’s long career and features new chapters that show the continuing relevance of his scholarship. In examining hegemony during and after the Cold War, it addresses: The importance of domestic politics in the formulation of foreign policy; The benefits and costs of seeking security through military power at the expense of expanding networks of shared national and transnational institutions; The incentives of other states to bandwagon with a strong but unthreatening hegemon and 'free-ride' on benefits it may provide rather than to balance against a powerful hegemon. The degree to which hegemony and democracy undermine or support each other. By applying theories of collective action and foreign policy, Russett explores the development of American hegemony and the prospects for a democratic hegemon to retain its influence during the coming decades. This collection is an essential volume for students and scholars of International Relations, American Politics, and US Foreign Policy.
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Capitalism Democracy and the Prevention of War and Poverty

The volume includes: contributors from leading and award winning scholars in the field, including Bruce Russett and Erik Gartzke topics such as democratization and economic development, situated within the broader contexts of globalization ...

Author: Peter Graeff

Publisher: Routledge

ISBN: 9781134034833

Category: Political Science

Page: 240

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For a very large part of the world’s population, poverty and war are still part of everyday life. Drawing on insights from several disciplines, this book attempts to find scientific answers to explain the relationship between conflict and poverty. This interdisciplinary volume brings together a range of arguments that synthesize both democratic and capitalist peace theory. Supported by a large body of research, contributors contend that nations with institutions that maximize individual political and civil rights minimize the probability of fighting each other. The volume includes: contributors from leading and award winning scholars in the field, including Bruce Russett and Erik Gartzke topics such as democratization and economic development, situated within the broader contexts of globalization and modernization contributions supported by empirical analyses, systematizing democratic and capitalist peace theories This book will be vital reading for students and scholars of International Relations and globalization, and also for a broader range of subjects including sociology, political science and economics.
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The Political Geographies of Interstate Water Disputes in India

Viewed through the lens of transboundary sharing of interstate rivers, this work describes the spatiality of the overarching postcolonial condition of India.

Author: Srinivas Chokkakula

Publisher:

ISBN: OCLC:935716046

Category:

Page: 302

View: 833

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This dissertation explores the evolving challenges of interstate water disputes in India. It examines how the transboundary geographies of these conflicts relate in turn to the politics of dispute emergence, recurrence, and mitigation. Both formal statist spaces of contestation, and informal political spaces of nonstate engagement, are considered in this way. In contrast to a geopolitical enframing of the disputes as `water wars, ' I offer the perspective of an `anti-geopolitical eye, ' providing an embodied view from the ground-up of the relational linkages, practices, and processes mediating the political ecology of transboundary water sharing. The study uses mixed qualitative research methods involving analysis of archival sources and government reports, interviews, and field research to study the politics of interstate water disputes in India. Besides a legal and political genealogy of disputes resolution in India more generally, the study also critically examines the empirical case of the Krishna river water dispute between the states of Andhra Pradesh, Karnataka, and Maharashtra. The analysis is informed by the theoretical traditions of critical geopolitics, political ecology, and postcolonial analysis as they relate to state-making and democracy in India. Viewed through the lens of transboundary sharing of interstate rivers, this work describes the spatiality of the overarching postcolonial condition of India. This inquiry into the colonial present of contentious politics has led to several conclusions concerning political mobilization and the nexus between the politics of interstate water disputes and democratic politics; the particular nature of the political ecology of the disputes, and transboundary water conflicts generally; and state-making, interstate relations, and democracy in India. These conclusions offer lessons for informing interstate water dispute resolution policies: the need for reviewing the bar on the Supreme Court's jurisdiction over interstate water disputes, and for supplementing legal approaches with appropriate institutions, practices, and governance structures to respond to the enduring challenges of interstate water disputes in a more inclusive and dynamic way. Overall, the analysis of the political ecology of interstate water disputes also offers insights for advancing efforts to theorize transboundary water conflicts.
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Democracy and Ontology

This book investigates the relationship between liberal democracies and ontology, that is, philosophical claims about the constitution of agents and the social world.

Author: Irena Rosenthal

Publisher: Bloomsbury Publishing

ISBN: 9781509912230

Category: Law

Page: 208

View: 635

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This book investigates the relationship between liberal democracies and ontology, that is, philosophical claims about the constitution of agents and the social world. Many philosophers argue that ontology needs to be avoided in political and legal philosophy. In fact, political liberalism, a highly influential paradigm founded by the philosopher John Rawls, makes the avoidance of ontology a core ambition of its 'political, non-metaphysical' programme. In contrast to political liberalism, this book argues that attending to ontological disputes is essential to political and legal philosophy. Illuminating, criticising and developing ontological arguments does not only enhance our understanding of justice, but also highlights key features of democratic citizenship. The argument is built up by bringing together three traditions of thought that have so far not been confronted with one another: political liberalism, the work of Michel Foucault, and the psychoanalytic theories of Sigmund Freud and Donald Winnicott. The book also investigates more concrete implications of ontological disputes by drawing on several case studies: a Dutch political-legal debate about greeting rituals; an American conflict about the legalisation of religious freedom; and the struggles for resilience of two American social movement groups.
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Domesticating Democracy

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.

Author: Susan Helen Ellison

Publisher: Duke University Press

ISBN: 9780822371786

Category: Social Science

Page: 296

View: 894

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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.
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