Democratic Rights

Download or read book Democratic Rights written by Corey Brettschneider and published by Princeton University Press. This book was released on 2010-10-10 with total page 191 pages. Available in PDF, EPUB and Kindle. Book excerpt: When the Supreme Court in 2003 struck down a Texas law prohibiting homosexual sodomy, it cited the right to privacy based on the guarantee of "substantive due process" embodied by the Constitution. But did the court act undemocratically by overriding the rights of the majority of voters in Texas? Scholars often point to such cases as exposing a fundamental tension between the democratic principle of majority rule and the liberal concern to protect individual rights. Democratic Rights challenges this view by showing that, in fact, democracy demands many of these rights. Corey Brettschneider argues that ideal democracy is comprised of three core values--political autonomy, equality of interests, and reciprocity--with both procedural and substantive implications. These values entitle citizens not only to procedural rights of participation (e.g., electing representatives) but also to substantive rights that a "pure procedural" democracy might not protect. What are often seen as distinctly liberal substantive rights to privacy, property, and welfare can, then, be understood within what Brettschneider terms a "value theory of democracy." Drawing on the work of John Rawls and deliberative democrats such as Jürgen Habermas, he demonstrates that such rights are essential components of--rather than constraints on--an ideal democracy. Thus, while defenders of the democratic ideal rightly seek the power of all to participate, they should also demand the rights that are the substance of self-government.

Download or read book The Constitution of Equality written by Thomas Christiano and published by OUP Oxford. This book was released on 2010-06-10 with total page 320 pages. Available in PDF, EPUB and Kindle. Book excerpt: What is the ethical basis of democracy? And what reasons do we have to go along with democratic decisions even when we disagree with them? And when do we have reason to say that we may justly ignore democratic decisions? These questions must be answered if we are to have answers to some of the most important questions facing our global community, which include whether there is a human right to democracy and whether we must attempt to spread democracy throughout the globe. This book provides a philosophical account of the moral foundations of democracy and of liberalism. It shows how democracy and basic liberal rights are grounded in the principle of public equality, which tells us that in the establishment of law and policy we must treat persons as equals in ways they can see are treating them as equals. The principle of public equality is shown to be the fundamental principle of social justice. This account enables us to understand the nature and roles of adversarial politics and public deliberation in political life. It gives an account of the grounds of the authority of democracy. It also shows when the authority of democracy runs out. The author shows how the violations of democratic and liberal rights are beyond the legitimate authority of democracy, how the creation of persistent minorities in a democratic society, and the failure to ensure a basic minimum for all persons weaken the legitimate authority of democracy.

Download or read book Freedom's Right written by Axel Honneth and published by John Wiley & Sons. This book was released on 2014-03-11 with total page 441 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Download or read book How Constitutional Rights Matter written by Adam Chilton and published by Oxford University Press, USA. This book was released on 2020 with total page 397 pages. Available in PDF, EPUB and Kindle. Book excerpt: Does constitutionalizing rights improve respect for those rights in practice? Drawing on statistical analyses, survey experiments, and case studies from around the world, this book argues that enforcing constitutional rights is not easy, but that some rights are harder to repress than others. First, enshrining rights in constitutions does not automatically ensure that those rights will be respected. For rights to matter, rights violations need to be politically costly. But this is difficult to accomplish for unconnected groups of citizens. Second, some rights are easier to enforce than others, especially those with natural constituencies that can mobilize for their enforcement. This is the case for rights that are practiced by and within organizations, such as the rights to religious freedom, to unionize, and to form political parties. Because religious groups, trade unions and parties are highly organized, they are well-equipped to use the constitution to resist rights violations. As a result, these rights are systematically associated with better practices. By contrast, rights that are practiced on an individual basis, such as free speech or the prohibition of torture, often lack natural constituencies to enforce them, which makes it easier for governments to violate these rights. Third, even highly organized groups armed with the constitution may not be able to stop governments dedicated to rights-repression. When constitutional rights are enforced by dedicated organizations, they are thus best understood as speed bumps that slow down attempts at repression. An important contribution to comparative constitutional law, this book provides a comprehensive picture of the spread of constitutional rights, and their enforcement, around the world.

Download or read book The Right to Vote written by Alexander Keyssar and published by Basic Books. This book was released on 2009-06-30 with total page 496 pages. Available in PDF, EPUB and Kindle. Book excerpt: Originally published in 2000, The Right to Vote was widely hailed as a magisterial account of the evolution of suffrage from the American Revolution to the end of the twentieth century. In this revised and updated edition, Keyssar carries the story forward, from the disputed presidential contest of 2000 through the 2008 campaign and the election of Barack Obama. The Right to Vote is a sweeping reinterpretation of American political history as well as a meditation on the meaning of democracy in contemporary American life.

Download or read book Democracy as Human Rights written by Michael Goodhart and published by Routledge. This book was released on 2013-05-13 with total page 253 pages. Available in PDF, EPUB and Kindle. Book excerpt: Is global democracy possible? The most prominent institutional manifestations of this concept-the UN, WTO, IMF and World Bank-have been skewered as cloistered anti-democratic institutions by anti-globalization activists. Meanwhile, proponents of globalization advocate reforming these institutions to make them more transparent. Michael Goodhart argues that both views fail to recognize the complex link between modern democracy and the sovereign state and the degree to which globalization challenges the modern conceptualization of democracy. Original and historically informed, Democracy as Human Rights provides a carefully argued theory of democracy in which traditional representative government is supported by global institutions designed to guarantee fundamental human rights.

Download or read book The Democratic Surround written by Fred Turner and published by University of Chicago Press. This book was released on 2013-12-04 with total page 374 pages. Available in PDF, EPUB and Kindle. Book excerpt: A “smart and fascinating” reassessment of postwar American culture and the politics of the 1960s from the author of From Counterculture to Cyberculture (Reason Magazine). We tend to think of the sixties as an explosion of creative energy and freedom that arose in direct revolt against the social restraint and authoritarian hierarchy of the early Cold War years. Yet, as Fred Turner reveals in The Democratic Surround, the decades that brought us the Korean War and communist witch hunts also witnessed an extraordinary turn toward explicitly democratic, open, and inclusive ideas of communication—and with them new, flexible models of social order. Surprisingly, he shows that it was this turn that brought us the revolutionary multimedia and wild-eyed individualism of the 1960s counterculture. In this prequel to his celebrated book From Counterculture to Cyberculture, Turner rewrites the history of postwar America, showing how in the 1940s and ‘50s American liberalism offered a far more radical social vision than we now remember. He tracks the influential mid-century entwining of Bauhaus aesthetics with American social science and psychology. From the Museum of Modern Art in New York to the New Bauhaus in Chicago and Black Mountain College in North Carolina, Turner shows how some of the best-known artists and intellectuals of the forties developed new models of media, new theories of interpersonal and international collaboration, and new visions of an open, tolerant, and democratic self in direct contrast to the repression and conformity associated with the fascist and communist movements. He then shows how their work shaped some of the most significant media events of the Cold War, including Edward Steichen’s Family of Man exhibition, the multimedia performances of John Cage, and, ultimately, the psychedelic Be-Ins of the sixties. Turner demonstrates that by the end of the 1950s this vision of the democratic self and the media built to promote it would actually become part of the mainstream, even shaping American propaganda efforts in Europe. Overturning common misconceptions of these transformational years, The Democratic Surround shows just how much the artistic and social radicalism of the sixties owed to the liberal ideals of Cold War America, a democratic vision that still underlies our hopes for digital media today. “Brilliant . . . [an] excellent and thought-provoking book.” —Tropics of Meta