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Articles 1 - 12 of 12

Full-Text Articles in Political Science

Moocs And Modern Democracies, Richard L. Pate Nov 2013

Moocs And Modern Democracies, Richard L. Pate

WCBT Faculty Publications

A discussion of the imposition of the interests of the few on the collective through a subtle but effective manner: the eventual, complete development of Massive Open Online Courses. It is this article’s premise that this development together with current marketing efficacy and the present economic goals of modern democracies, is probable to result in a shrinkage of the market place of ideas and, paradoxically, likely to result in a diminution of democracy in the world.


Reconciling Positivism And Realism: Kelsen And Habermas On Democracy And Human Rights, David Ingram Oct 2013

Reconciling Positivism And Realism: Kelsen And Habermas On Democracy And Human Rights, David Ingram

David Ingram

It is well known that Hans Kelsen and Jürgen Habermas invoke realist arguments drawn from social science in defending an international, democratic human rights regime against Carl Schmitt’s attack on the rule of law. However, despite embracing the realist spirit of Kelsen’s legal positivism, Habermas criticizes Kelsen for neglecting to connect the rule of law with a concept of procedural justice (Part I). I argue, to the contrary (Part II), that Kelsen does connect these terms, albeit in a manner that may be best described as functional, rather than conceptual. Indeed, whereas Habermas tends to emphasize a conceptual ...


Consensus Democracy And State Performance: Evaluating The Impact Of Coalition Government On Indian States, Vandit D. Shah May 2013

Consensus Democracy And State Performance: Evaluating The Impact Of Coalition Government On Indian States, Vandit D. Shah

CUREJ - College Undergraduate Research Electronic Journal

The question of whether a majoritarian setup is optimal in terms of broad representation takes up on paramount importance in the context of power-sharing in deeply divided places, whereby unqualified exclusion of segment(s) of the population from government can have potentially disastrous consequences. Governance in deeply-divided places presents a rather intriguing question --- who governs the people, how are they elected, what mandates do they have? What form of government works best - a single-party majoritarian system that by popular belief leads to more effective governance or a consensus-based government that allows for better protection of minority interests? More broadly then ...


Democracy Through Multi-Body Sortition: Athenian Lessons For The Modern Day, Terrill G. Bouricius Apr 2013

Democracy Through Multi-Body Sortition: Athenian Lessons For The Modern Day, Terrill G. Bouricius

Journal of Public Deliberation

Mature Classical Athenian democracy is presented as a representative system, rather than the commonly described form of “direct democracy.” When viewed in this way, the commonly assumed problem of scale in applying Athenian democracy to modern nation states is solved, and principles and practices of the Athenian model of democracy continue to have relevance today. The key role of sortition (selection by lot) to form multiple deliberative bodies is explained. Five dilemmas faced by modern proposals for the use of sortition are examined. Finally, a new model of lawmaking using multiple allotted bodies is presented, which resolves these dilemmas and ...


Citizen Responsibility For War In Imperfect Democracies, Lisa Rivera Mar 2013

Citizen Responsibility For War In Imperfect Democracies, Lisa Rivera

Lisa Rivera

Are individual citizens of imperfect democracies morally responsible for unjust wars waged by their state? Moral responsibility for unjust wars involves both retrospective and social responsibility. Citizens of imperfect democracies are retrospectively responsible when they choose to vote for a leader they know will wage an unjust war. This situation may occur very rarely. For example, US citizens did not have this political option at the outset of the Vietnam and Iraq Wars. However, even when citizens are not retrospectively responsible they have the social responsibility to engage in collective action to address the harms unjust war causes.


Neoliberalism And The Law Reassessing Historical Materialist Analysis Of The Law For The 21st Century, Justin Schwartz Jan 2013

Neoliberalism And The Law Reassessing Historical Materialist Analysis Of The Law For The 21st Century, Justin Schwartz

Justin Schwartz

Historical materialism has been called in question by the triumph of neoliberalism and the fall of Communism. I show, by consideration of two examples, the 2008 crisis and recent Supreme Court campaign spending First Amendment jurisprudence, that neoliberalism instead vindicates the explanatory power of (non-mechanical and non-deterministic) historical materialism in accounting for a wide range of recent legal developments in legislation, executive (in)action, and judicial decision-making.


Neoliberalism And The Law: How Historical Materialism Can Illuminate Recent Governmental And Judicial Decision Making, Justin Schwartz Jan 2013

Neoliberalism And The Law: How Historical Materialism Can Illuminate Recent Governmental And Judicial Decision Making, Justin Schwartz

Justin Schwartz

Neoliberalism can be understood as the deregulation of the economy from political control by deliberate action or inaction of the state. As such it is both constituted by the law and deeply affects it. I show how the methods of historical materialism can illuminate this phenomenon in all three branches of the the U.S. government. Considering the example the global financial crisis of 2007-08 that began with the housing bubble developing from trade in unregulated and overvalued mortgage backed securities, I show how the repeal of the Glass-Steagall Act, which established a firewall between commercial and investment banking, allowed ...


Libraries And The Right To The City: Insights From Democratic Theory Prepared For The 2013 Lacuny Institute: Libraries, Information, And The Right To The City, John Buschman Jan 2013

Libraries And The Right To The City: Insights From Democratic Theory Prepared For The 2013 Lacuny Institute: Libraries, Information, And The Right To The City, John Buschman

John Buschman

No abstract provided.


Reconciling Positivism And Realism: Kelsen And Habermas On Democracy And Human Rights, David Ingram Jan 2013

Reconciling Positivism And Realism: Kelsen And Habermas On Democracy And Human Rights, David Ingram

Philosophy: Faculty Publications and Other Works

It is well known that Hans Kelsen and Jürgen Habermas invoke realist arguments drawn from social science in defending an international, democratic human rights regime against Carl Schmitt’s attack on the rule of law. However, despite embracing the realist spirit of Kelsen’s legal positivism, Habermas criticizes Kelsen for neglecting to connect the rule of law with a concept of procedural justice (Part I). I argue, to the contrary (Part II), that Kelsen does connect these terms, albeit in a manner that may be best described as functional, rather than conceptual. Indeed, whereas Habermas tends to emphasize a conceptual ...


Dissent, Diversity, And Democracy: Heather Gerken And The Contingent Imperative Of Minority Rule, Guy-Uriel Charles Jan 2013

Dissent, Diversity, And Democracy: Heather Gerken And The Contingent Imperative Of Minority Rule, Guy-Uriel Charles

Faculty Scholarship

No abstract provided.


The Impact Of Codification On The Judicial Development Of Copyright, Christopher S. Yoo Jan 2013

The Impact Of Codification On The Judicial Development Of Copyright, Christopher S. Yoo

Faculty Scholarship at Penn Law

Despite the Supreme Court’s rejection of common law copyright in Wheaton v. Peters and the more specific codification by the Copyright Act of 1976, courts have continued to play an active role in determining the scope of copyright. Four areas of continuing judicial innovation include fair use, misuse, third-party liability, and the first sale doctrine. Some commentators have advocated broad judicial power to revise and overturn statutes. Such sweeping judicial power is hard to reconcile with the democratic commitment to legislative supremacy. At the other extreme are those that view codification as completely displacing courts’ authority to develop legal ...


Populism, Cas Mudde, Cristobal Rovira Kaltwasser Dec 2012

Populism, Cas Mudde, Cristobal Rovira Kaltwasser

Cas Mudde

No abstract provided.