dunnettreader + liberalism-public_reason   11

Michael Kang - Gerrymandering and the Constitutional Norm Against Government Partisanship (2017) :: SSRN
Win election law prize - Michigan Law Review, Vol. 116, No. 3, Dec. 2017, Forthcoming- Emory Legal Studies Research Paper
71 Pages
Posted: 17 Aug 2017; Last revised: 28 Oct 2017
Michael S. Kang, Emory University School of Law
The Article challenges the basic premise in the law of partisan gerrymandering that government partisan purpose is constitutional at all. The central problem, Justice Scalia once explained in Vieth v. Jubelirer, is that partisan gerrymandering becomes unconstitutional only when it “has gone too far,” giving rise to the intractable inquiry into “how much is too much.” But the premise that partisanship is an ordinary and lawful purpose, articulated as settled law and widely understood as such, is largely wrong as constitutional doctrine. The Article surveys constitutional law to demonstrate the vitality of an important, if implicit norm against government partisanship across a variety of settings. From political patronage, to government speech, to election administration and even in redistricting itself, Vieth is the exception in failing to bar tribal partisanship as a legitimate state interest in lawmaking. The puzzle therefore is why the Supreme Court in Vieth diverged from this overarching norm for legislative redistricting where the need for government nonpartisanship is most acute and so rarely met. The Article proposes a purpose-focused approach that identifies partisanship as an illegitimate basis for lawmaking and requires the government to justify its redistricting with reference to legitimate state interests beyond partisanship, irrespective of extreme partisan effects. The importance of consolidating and reifying the norm against government partisanship, in its most salient legal context, cannot be overstated at a time when hyperpolarization between the major parties dominates national politics and is at its most severe in our lifetime.
Keywords: gerrymandering, redistricting, Whitford v. Gill, partisanship, parties, Bandemer
constitutional_law  political_participation  Evernote  gerrymandering  public_interest  SSRN  accountability  partisanship  liberalism-public_reason  democracy  article  downloaded  US_constitution  corruption  legitimacy  SCOTUS  elections 
november 2017 by dunnettreader
Andrew March - Rethinking Religious Reasons in Public Justification (2013) | American Political Science Review on JSTOR
Abstract
This article intervenes in the debate on the place of religious arguments in public reason. I advance the debate not by asking whether something called "religious reasons" ought to be invoked in the justification of coercive laws, but by creating a typology of (a) different kinds and forms of religious arguments and, more importantly, (b) different areas of political and social life which coercive laws regulate or about which human political communities deliberate. Religious arguments are of many different kinds, are offered to others in a variety of ways, and the spheres of life about which communities deliberate pose distinct moral questions. Turning back to the public reason debate, I argue then that political liberals ought to be concerned primarily about the invocation of a certain subset of religious reasons in a certain subset of areas of human activity, but also that inclusivist arguments on behalf of religious contributions to public deliberation fail to justify the use of religious arguments in all areas of public deliberation. - downloaded via iphone to dbox
jstor  norms  liberalism-public_reason  politics-and-religion  discourse-political_theory  article  public_reason  political_theory  liberal_democracy  downloaded  democracy  deliberation-public  political_discourse  bibliography 
july 2017 by dunnettreader
Andrew Koppelman - Does Respect Require Antiperfectionism? Gaus on Liberal Neutrality :: SSRN- September 11, 2015
Andrew Koppelman , Northwestern University School of Law -- Harvard Review of Philosophy, Forthcoming -- Gerald Gaus has developed the most sophisticated presentation of the antiperfectionist idea that official neutrality between contested conceptions of the good is demanded by mutual respect among citizens. However, other aspects of his own political theory -- in particular, his demonstration of the legitimacy of social coordination toward common ends -- inadvertently strengthen the case for perfectionism. -- PDF File: 20 -- Keywords: Gerald Gaus, Perfectionism, Liberalism, Political Theory
political_philosophy  liberalism-public_reason  liberalism  perfectionism  perfectibility  Gaus_Gerald  recognition  common_good  downloaded 
january 2016 by dunnettreader
Samuel Moyn - Religious freedom between truth and tactic « The Immanent Frame - March 2012
In the last issue of First Things, a self-described coalition of “Catholics and Evangelicals together” defends religious freedom. The coalition includes a number of notable Americans, like Charles Colson and George Weigel, with endorsements from the archbishops of Chicago, New York, and Philadelphia, along with many others. According to the statement, the situation is unexpectedly urgent. After the fall of the Soviet Union, “throughout the world, a new era of religious freedom seemed at hand.” But, now it is blatantly clear that the scourge of intolerance—especially secularist intolerance—persists. -- downloaded pdf to Note
US_politics  2010s  religious_culture  freedom_of_conscience  Catholics-and-politics  Evangelical  culture_wars  persecution  Vatican_II  Papacy  Protestants  Religious_Right  public_sphere  public_opinion  public_policy  Tocqueville  politics-and-religion  Christian_Right  Christianity  Christianity-Islam_conflict  secularism  liberalism-public_reason  liberalism  downloaded 
november 2015 by dunnettreader
Charles Larmore - Political Liberalism: Its Motivations and Goals | Academia.edu
In Vo1 (2015), Oxford Studies in Political Philosophy - concerned that its industrial production in university departments and publishing it's losing its links to classical liberalism -- downloaded pdf to Note
chapter  political_philosophy  academia  liberalism-19thC  liberalism  liberalism-public_reason  Rawls  downloaded 
october 2015 by dunnettreader
Stephen Turner - The Method of Antinomies: Oakeshott and Others | Academia.edu
Working paper -- uses Oakeshott, Weber, Schmitt, Chsntal Mouffe as examples -- not rekativists, but de-mytholigizing ideology that supposes if you get eory right you can derive the solution. There’s no "solution" but dynamics of conflict, change etc.
political_philosophy  moral_philosophy.  social_theory  relativism  aporia  paradox  antinomies  Oakeshott  Weber  Schmitt  liberalism  liberalism-public_reason  ideology  conflict  common_good  realism-political  downloaded 
may 2015 by dunnettreader
Paul Silas Peterson - Pluralism and consensus in the modern Western world vs Brad Gregory's "The Unintended Reformation" attack on "hyperpluralism" « The Immanent Frame - Oct 2013
Gregory's "hyperpluralism" is MacIntyre-eque - there's no longer a shared notion of the summum bonnum. This anti-modernity can't tell the difference between liberal pluralism and the bogeyman of relativism. Peterson's response is one of the better since it accepts the basic frame of the need for some shared values -- "the structuring principles [for political and social life] of modern Western societies are not arbitrary assertions but rather principles that are connected with one another, interwoven with historical developments and representative of human life and ideals." He shows 8 points of "soft consensus" and ..."While it would be possible to claim that these points are not... what Gregory calls the “Life Questions,” [they] rest upon basic values that have correlations with views of the person and conceptions of the good." -- "The entire Western world has agreed (1) to live with a modern democratic political order, (2) to enforce concepts of unalienable human rights, (3) to uphold the rule of law, and (4) to secure the separation of powers. (...) the high view of the individual, and thus the high view of that individual’s opinion, is presumed [...and is also a] 5th point. (...) There are many other values which follow from the high view of the individual (...) they presume the value of freedom.. [which is both...] a presupposition of 3 and 4 and a 6th point. (...) The law is a concrete representation of the norms and regulations that are held to be not only equitable, just, and good, but also reasonable. The importance of reason and rational justification therefore belongs in the soft consensus as a presupposition of the rule of law, but also as [a] 7th point. (...) [The] idea of the separation of powers (...) [presumes] cooperation in the formal execution of power, administration, and management. A high regard for cooperation therefore belongs in the soft consensus as a presupposition of the separation of powers, but also as an 8th point. The most effective cooperation [depends] upon general agreements regarding shared goals and a basic goodwill between the cooperating parties."
21stC  political_philosophy  moral_philosophy  theology  social_theory  declinism  Thomism-21stC  modernity  intellectual_history  Reformation  common_good  Christendom  Christianity  theocracy  politics-and-religion  liberalism  rule_of_law  separation-of-powers  civil_liberties  human_rights  liberty  liberty-negative  liberalism-public_reason  liberty-positive  welfare_state  MacIntyre  Counter-Reformation  pluralism  relativism  good  downloaded  EF-add 
november 2014 by dunnettreader
Jeremy Waldron - A Religious View of the Foundations of International Law (2011) :: SSRN - Charles E. Test Lectures in the James Madison Program at Princeton University
NYU School of Law, Public Law Research Paper No. 11-29 -- Lecture 1 begins from a specifically Christian point of view, though it also addresses the difficulties of sustaining a viewpoint of this kind in a multi-faith and indeed increasingly secular world. Lecture 2 considers nationhood, sovereignty, and the basis for the division of the world into separate political communities. A religious approach to international order will endorse the position of most modern international jurists that sovereign independence is not to be made into an idol or a fetish, and that the tasks of order and peace in the world are not to be conceived as optional for sovereigns. But sovereigns also have their own mission, ordering particular communities of men and women. Lecture 3 considers the rival claims of natural law and positivism regarding sources of international law. The most telling part of natural law jurisprudence from Aquinas to Finnis has always been its insistence on the specific human need for positive law. This holds true in the international realm as much as in any realm of human order - perhaps more so, because law has to do its work unsupported by the overwhelming power of a particular state. Lecture 3 addresses, from a religious point of view, the sources of law in the international realm: treaty, convention, custom, precedent, and jurisprudence. It will focus particularly on the sanctification of treaties. -- No of Pages : 73 -- Keywords: customary international law, international law, ius cogens, nationalism, natural law, positivism, public reason, religion, self-determination, sovereignty, treaties -- downloaded pdf to Note
paper  SSRN  philosophy_of_law  international_law  natural_law  positivism-legal  IR  IR_theory  diplomacy  international_organizations  legal_system  international_system  sovereignty  nation-state  nationalism  public_sphere  liberalism-public_reason  deliberation-public  decision_theory  customary_law  self-determination  national_interest  national_security  responsibility_to_protect  treaties  universalism  precedent  conflict_of_laws  dispute_resolution  human_rights  community  trust  alliances  politics-and-religion  jurisprudence  jurisdiction  downloaded  EF-add 
july 2014 by dunnettreader
Jeremy Waldron - Two-Way Translation: The Ethics of Engaging with Religious Contributions in Public Deliberation (2010) :: SSRN
NYU School of Law, Public Law Research Paper No. 10-84 -- Using as an exemplar, the 2007 "Evangelical Declaration against Torture," this paper examines the role of religious argument in public life. -- It argues for an absolute ban on the use of torture deploying unashamedly Christian rhetoric, some of it quite powerful and challenging. -- The present paper considers whether there is any affront to the duties of political civility in arguing in these terms. There is a line of argument, associated with John Rawls's book, "Political Liberalism," suggesting that citizens should refrain from discussing issues of public policy in religious or deep-philosophical terms that are not accessible to other citizens. The present paper challenges the conception of inaccessibility on which this Rawlsian position is based. It argues, with Jurgen Habermas, that all sides in a modern pluralist society have a right to state their views as firmly and as deeply as they can, and all sides have the duty to engage with others, and to strain as well as they can to grasp others' meanings. It is not enough to simply announce that one can not understand religious reasons, especially if no good faith effort has been made, using the ample resources available in our culture, to try. Of course, many peoeple will not be convinced by the reasons that are offered in religious discourse; but to argue for their rejection - which is always what may happen in respectable political deliberation - is not to say that the presentation of those reasons was offensive or inappropriate. (This paper was originally presented as the 2010 Meador Lecture at the University of Virginia Law School). -- Number of Pages in PDF File: 25 -- Keywords: Absolute Principles, Pluralism, Public Reason, Rawls, Religious Reasons, Torture
paper  SSRN  political_philosophy  moral_philosophy  public_sphere  political_discourse  politics-and-religion  religious_culture  political_culture  pluralism  liberalism-public_reason  Rawls  Habermas  communication  community  deliberation-public  torture  civic_virtue  civility-political  respect  hermeneutics  EF-add 
july 2014 by dunnettreader
Kristen Irwin, review - Nicholas Wolterstorff, The Mighty and the Almighty: An Essay in Political Theology // Notre Dame Philosophical Reviews // Jan 2014
The Mighty and the Almighty takes on the task of theorizing a political theology for the Christian. [T]his book originated in his 1998 Stone Lectures at Princeton... [and] retains both the advantages and the disadvantages of its original lecture format: astonishingly clear and accessible, but a relatively light sketch ...Despite the specifically Christian orientation of his project, Wolterstorff asks for the attention of the nonreligious: "In a participatory democracy such as ours, it's important that we each be open with and open to our fellow citizens concerning the deep sources of how we think about political issues". -- Though political theology is not nearly so popular as in the days of Augustine or Calvin -- two of Wolterstorff's foils -- Wolterstorff argues that it's overdue for careful contemporary consideration.-- a substantive account of the relationship between political authority and divine authority. -- The most innovative part of the book is Wolterstorff's use of the above distinction to offer a rereading of Romans 13... Rather than counseling universal submission to civil authorities, Wolterstorff argues, Paul is counseling submission to civil authorities insofar as they are executing "the God-assigned task of government to curb injustice. . . . to protect the rights of the public". Government clearly has the positional authority to issue whatever directives it deems appropriate to its citizens, but insofar as its directives violate justice or the rights of the public, government forfeits its performance-authority. The corollary is that "the directives that the government issues to the public for the purpose of curbing injustice are binding". -- In other words, the political authority of the state as the institution responsible for "protecting members of the public from being wronged by their fellows" can be derived both from natural rights, and from divine authority.
books  reviews  kindle-available  political_philosophy  political-theology  liberalism  liberalism-public_reason  authority  obligation  natural_rights  Early_Christian  Paul  Augustine  Calvinist  resistance_theory  passive_obedience  justice  EF-add 
march 2014 by dunnettreader
Kelly Sorensen, review - Nicholas Wolterstorff, Terence Cuneo (ed.), Understanding Liberal Democracy: Essays in Political Philosophy // Notre Dame Philosophical Reviews // Sept 2013
Public reason liberalism -- the form of liberalism defended by Rawls, Larmore, Audi, Gaus, Rorty, Nussbaum, and to some degree Habermas -- usually requires citizens to publicly discuss and vote based on only those reasons that pass some sort of test that sifts away religious and comprehensive non-religious reasons. In the public sphere, those with such views are required by the role of citizenship to shape up or shut up -- "shape up" in the sense of offering instead reasons that can or could be shared by all other citizens. Nicholas Wolterstorff argues that public reason liberalism is a dead end, and defends instead what he takes to be a more defensible form of liberalism ("equal political voice liberalism"). His book is fresh and compelling, and an important contribution to political philosophy. This is a collection of 15 mostly new essays: Ten concern public reason liberalism. The rest take up the nature of rights (extending the account he has been developing in Justice: Rights and Wrongs and Justice in Love), the nature and source of citizens' political obligations to the state, and other issues in political philosophy. Wolterstorff calls his alternative form of liberal democracy "equal political voice liberalism," and he thinks it better accounts for the "governing idea" found in the longer historical tradition of liberalism, before public reason liberalism seized the spotlight in recent decades.
books  reviews  political_philosophy  liberalism  public_sphere  politics-and-religion  citizens  liberalism-public_reason  Rawls  Habermas  Rorty  justice  obligation  EF-add 
march 2014 by dunnettreader

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