Download A Matter of Dispute: Morality, Democracy, and Law by Christopher J. Peters PDF

By Christopher J. Peters

Legislation frequently purports to require humans, together with executive officers, to behave in methods they suspect are morally incorrect or destructive. what's it approximately legislations which could justify this kind of claim?

In an issue of Dispute: Morality, Democracy, and legislation, Christopher J. Peters deals a solution to this query, one who illuminates the original allure of democratic govt, the odd constitution of adversary adjudication, and the contested legitimacy of constitutional judicial evaluation. Peters contends that legislation could be considered essentially as a tool for averting or resolving disputes, a functionality that suggests sure center homes of authoritative criminal approaches. these houses - competence and impartiality - provide democracy its virtue over other kinds of presidency. in addition they underwrite the adversary nature of common-law adjudication and the tasks and constraints of democratic judges. they usually flooring a protection of constitutionalism and judicial evaluate opposed to continual objections that these practices are "counter-majoritarian" and hence nondemocratic.

This paintings canvasses basic difficulties in the assorted disciplines of criminal philosophy, democratic concept, philosophy of adjudication, and public-law thought and indicates a unified method of unraveling them. It additionally addresses sensible questions of legislations and govt in a manner that are meant to attract a person drawn to the advanced and infrequently stricken courting between morality, democracy, and the rule of thumb of law.

Written for experts and non-specialists alike, a question of Dispute explains why every one folks separately, and we all jointly, have cause to obey the legislation - why democracy actually is a method of presidency less than legislation.

Show description

Read or Download A Matter of Dispute: Morality, Democracy, and Law PDF

Similar democracy books

New Challenges for Maturing Democracies in Korea and Taiwan (Studies of the Walter H. Shorenstein Asia-Pacific Research Center)

Larry Diamond, Gi-Wook Shin (eds. )

New demanding situations for Maturing Democracies in Korea and Taiwan takes an artistic and comparative view of the recent demanding situations and dynamics confronting those maturing democracies.

Numerous works care for political switch within the societies separately, yet few undertake a comparative approach—and such a lot concentration often at the emergence of democracy or the politics of the democratization procedures. This booklet, using a extensive, interdisciplinary strategy, will pay cautious awareness to post-democratization phenomena and the main concerns that come up in maturing democracies.

What emerges is an image of 2 evolving democracies, now safe, yet nonetheless imperfect and now and then disappointing to their citizens—a universal characteristic and problem of democratic maturation. The e-book demonstrates that it'll fall to the elected political leaders of those nations to upward thrust above slim and rapid celebration pursuits to mobilize consensus and craft guidelines that would advisor the structural edition and reinvigoration of the society and economic climate in an period that in actual fact offers for either international locations not just steep demanding situations but in addition new opportunities.


"This quantity, not like all past experiences on Asian democratization, systematically compares the cultural, socioeconomic, and different very important outcomes of democratization in Korea and Taiwan. evaluating those Confucian nations with these within the long-democratic West, it additionally confirms their adulthood as democracies and as civilized international locations, and thereby disputes the age-old Asian Values thesis that liberal democracy isn't appropriate for Confucian Asian nations. "—Doh Chull Shin, college of California, Irvine

"As paradigmatic instances of democratic improvement, Korea and Taiwan are usually obvious as exemplars of either modernization and democratization. This quantity either contributes and strikes past this concentration, expecting investigate the maturation but in addition the hazards to democracy in either nations. With its robust comparative concentration and a sober appreciation of the way not easy it may be to not simply to reach yet to maintain democracy, it represents an important contribution. "—Benjamin Reilly, Sir Walter Murdoch institution of Public coverage and foreign Affairs, Murdoch University

Democracy and Coercive Diplomacy

Schultz explores the consequences of democratic politics on coercive international relations. He argues that open political festival among executive and competition events impacts threats in foreign crises, how rival states interpret these threats, and even if crises may be settled in need of warfare. in comparison to their nondemocratic opposite numbers, democracies make threats extra selectively, yet these they do make usually tend to be successful--that is, to realize a positive consequence with no conflict.

Additional resources for A Matter of Dispute: Morality, Democracy, and Law

Sample text

In practice, of course, courts tend to do a fair amount of both dispute-resolving and policymaking; the question is which should dominate when these roles conflict. The more traditional dispute-resolving view appears, in various forms, in the work of the mid-century Legal Process theorist Lon Fuller, who argued that courts’ competence decreases as the issues for decision become more multifaceted;26 Reasoning, supra note 4; Cass R. Sunstein, One Case at a Time: Judicial Minimalism on the Supreme Court (1999) [hereinafter Sunstein, One Case at a Time]; Sunstein, Partial Constitution, supra note 21.

As an alternative, I will offer the DR account, sketching its basic outlines and suggesting how it might support a better response to Aristotle than its competitors. Chapter 3 adds flesh to the bare bones of the DR account. I begin there with a simple, bipartite model of dispute resolution, and I use that model to illustrate three core aspects of the DR account. First, the basic model demonstrates how people might be motivated to develop procedures to avoid or resolve disputes. Second, it illustrates the essential qualities that suitable dispute-resolution procedures would possess, namely reasonable competence and impartiality in the eyes of the disputants.

At 18–25; Austin, supra note 11, at xxi, 117–19. Hart cited Oliver Wendell Holmes for the view that law consisted merely of predictions of official behavior. 2; Oliver Wendell Holmes, The Path of the Law, 10 Harv. L. Rev. 457 (1897). 14. See Hart, supra note 9, at 204; see also Kar, supra note 9, at 399 (describing Hart’s “Incorporation Thesis”). 15. Raz, Authority of Law, supra note 8, at 3–33. In later work, Raz refers to such reasons as “pre-emptive” reasons. See Raz, Morality of Freedom, supra note 8, at 38–69.

Download PDF sample

Rated 4.58 of 5 – based on 17 votes