Democratic RightsDemocratic Rights



" 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.

Author: Corey Brettschneider

Publisher: Princeton University Press

ISBN: 0691149305

Category:

Page: 179

View: 247

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.

Democratic RightsDemocratic Rights



" 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.

Author: Corey Lang Brettschneider

Publisher:

ISBN: 0691119708

Category:

Page: 179

View: 823

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.

When the State Speaks What Should It Say When the State Speaks What Should It Say



Avoiding the familiar yet problematic responses to these issues, political theorist Corey Brettschneider proposes a new approach called value democracy.

Author: Corey Brettschneider

Publisher: Princeton University Press

ISBN: 9780691171296

Category:

Page: 232

View: 109

How should a liberal democracy respond to hate groups and others that oppose the ideal of free and equal citizenship? The democratic state faces the hard choice of either protecting the rights of hate groups and allowing their views to spread, or banning their views and violating citizens' rights to freedoms of expression, association, and religion. Avoiding the familiar yet problematic responses to these issues, political theorist Corey Brettschneider proposes a new approach called value democracy. The theory of value democracy argues that the state should protect the right to express illiberal beliefs, but the state should also engage in democratic persuasion when it speaks through its various expressive capacities: publicly criticizing, and giving reasons to reject, hate-based or other discriminatory viewpoints. Distinguishing between two kinds of state action--expressive and coercive--Brettschneider contends that public criticism of viewpoints advocating discrimination based on race, gender, or sexual orientation should be pursued through the state's expressive capacities as speaker, educator, and spender. When the state uses its expressive capacities to promote the values of free and equal citizenship, it engages in democratic persuasion. By using democratic persuasion, the state can both respect rights and counter hateful or discriminatory viewpoints. Brettschneider extends this analysis from freedom of expression to the freedoms of religion and association, and he shows that value democracy can uphold the protection of these freedoms while promoting equality for all citizens.

Democratic Theory and Mass IncarcerationDemocratic Theory and Mass Incarceration



3 (2013): 421–438; compare Brettschneider, Democratic Rights the Substance of Self-Government, 99. 31. Baroness Vivien Stern, “Prisoners As Citizens: A Comparative View,” Probation Journal 49, no. 2 (June 1, 2002): 130–139; ...

Author: Albert Dzur

Publisher: Oxford University Press

ISBN: 9780190243111

Category:

Page: 320

View: 235

The United States leads the world in incarceration, and the United Kingdom is persistently one of the European countries with the highest per capita rates of imprisonment. Yet despite its increasing visibility as a social issue, mass incarceration - and its inconsistency with core democratic ideals - rarely surfaces in contemporary Anglo-American political theory. Democratic Theory and Mass Incarceration seeks to overcome this puzzling disconnect by deepening the dialogue between democratic theory and punishment policy. This collection of original essays initiates a multi-disciplinary discussion among philosophers, political theorists, and criminologists regarding ways in which contemporary democratic theory might begin to think beyond mass incarceration. Rather than viewing punishment as a natural reaction to crime and imprisonment as a sensible outgrowth of this reaction, the volume argues that crime and punishment are institutions that reveal unmet demands for public oversight and democratic influence. Chapters explore theoretical paths towards de-carceration and alternatives to prison, suggest ways in which democratic theory can strengthen recent reform movements, and offer creative alternatives to mass incarceration. Democratic Theory and Mass Incarceration offers guideposts for critical thinking about incarceration, examining ways to rebuild crime control institutions and create a healthier, more just society.

Confucian Democracy in East AsiaConfucian Democracy in East Asia



former kind “democratic rights.” Corey Brettschneider, Democratic Rights: The Substance of Self-Government (Princeton: Princeton University Press, 2007). On the “co-originality” of collec- tive self-determination and democratic rights, ...

Author: Sungmoon Kim

Publisher: Cambridge University Press

ISBN: 9781139868112

Category:

Page:

View: 590

This book explores a mode of democracy that is culturally relevant and socially practicable in the contemporary pluralistic context of historically Confucian East Asian societies, by critically engaging with the two most dominant theories of Confucian democracy - Confucian communitarianism and meritocratic elitism. The book constructs a mode of public reason (and reasoning) that is morally palatable to East Asians who are still saturated in Confucian customs by reappropriating Confucian familialism and using this perspective to theorize on Confucian democratic welfarism and political meritocracy. It then applies the theory of Confucian democracy to South Korea, arguably the most Confucianized society in East Asia, and examines the theory's practicality in Korea's increasingly individualized, pluralized, and multicultural society by looking at cases of freedom of expression, freedom of association, insult law, and immigration policy.

Democracy after VirtueDemocracy after Virtue



32. of democratic perfectionism is distinct from Gutmann's. See Kim, Public Reason Perfectionism, pp. 17–19. See Corey Brettschneider, Democratic Rights: The Substance of Self-Government (Princeton: Princeton University Press, 2007), p.

Author: Sungmoon Kim

Publisher: Oxford University Press

ISBN: 9780190671259

Category:

Page: 272

View: 929

Is Confucianism compatible with democracy? Ongoing debates among political theorists revolve around the question of whether the overarching goal of Confucianism -- serving the people's moral and material well-being -- is attainable in modern day politics without broad democratic participation and without relying on a "one person, one vote" system. One side of the debate -- voiced by "traditional" Confucian meritocrats -- argues that only certain people are equipped with the moral character needed to lead and ensure broad public well-being. They emphasize moral virtue over civic virtue and the family over the state as the quintessential public institution. Moreover, they believe that a system of rule headed by meritorious elites can better handle complex modern public affairs than representative democracy. The other side -- voiced by Confucian democrats -- argues that unless all citizens participate equally in the public sphere, the kind of moral growth Confucianism emphasizes cannot be fully attained. Despite notable differences in political orientation, scholars of both positions acknowledge that democracy is largely of instrumental value for realizing Confucian moral ends in modern society. It would seem that Confucians of both types have largely dismissed democracy as a political system that can mediate clashing values and political views -- or even that Confucian democracy is a system marked by pluralism. In this book, Sungmoon Kim lays out a normative theory of Confucian democracy -- pragmatic Confucian democracy -- to address questions of the right to political participation, instrumental and intrinsic values of democracy, democratic procedure and substance, punishment and criminal justice, social and economic justice, and humanitarian intervention. As such, this project is not only relevant to the much debated topic of Confucian democracy as a cultural alternative to Western-style liberal democracy in East Asia, but it further investigates the philosophical implications of the idea and institution of Confucian democracy in normative democratic theory, criminal justice, distributive justice, and just war. Ultimately, Kim shows us that the question is not so much about the compatibility of Confucianism and democracy, but of how the two systems can benefit from each other.

Hidden LiberalismHidden Liberalism



this statement is that Soroush clearly believes that the precondition for religious democracy is the ... Corey Brettschneider, Democratic Rights: The Substance of Self-government (Princeton, NJ: Princeton University Press, 2007), p.

Author: Hussein Banai

Publisher: Cambridge University Press

ISBN: 9781108495592

Category:

Page: 230

View: 562

Exploring liberalism's invisible, yet influential status, in modern Iranian political and intellectual discourses, this study examines the paradox of why liberalism has formed the basis of many social and political struggles, yet remains hidden as a public standpoint in contemporary Iran.

Emerging Areas of Human Rights in the 21st CenturyEmerging Areas of Human Rights in the 21st Century



Boutros-Ghali, B, 'Human rights the common langue of humanity', in Bhaskara Rao, D (ed), World Conference on Human Rights (New Delhi: Discovery Publishing, 2003). Brettschneider, C, Democratic Rights: The Substance of Self-Government ...

Author: Marco Odello

Publisher: Routledge

ISBN: 9781136831331

Category:

Page: 192

View: 994

This book includes a set of studies and reflections that have emerged since the adoption of the Universal Declaration of Human Rights in 1948. Encompassing a number of human rights, such as the right to environmental protection, the right to humanitarian aid, and the right to democratic governance, this collection focuses on issues and areas that were not originally mentioned or foreseen in the Declaration but that have since developed into salient topics. These developing rights are considered in the light of contemporary national and international law, as well as against the wider picture and the contexts in which human rights may have effect. Moreover, the topics covered take in a wide range of research fields, including law, politics and criminology. Emerging Areas of Human Rights in the 21st Century is aimed primarily at undergraduate and postgraduate students, and scholars interested in international law, human rights and politics.

Kantian Theory and Human RightsKantian Theory and Human Rights



Christopher L. Eisgruber, “Constitutional SelfGovernment and Judicial Review: AReply to Five Critics,” University of ... Corey Brettschneider, Democratic Rights: The Substance of Self Government (Princeton: Princeton University Press, ...

Author: Andreas Follesdal

Publisher: Routledge

ISBN: 9781135079383

Category:

Page: 210

View: 577

Human rights and the courts and tribunals that protect them are increasingly part of our moral, legal, and political circumstances. The growing salience of human rights has recently brought the question of their philosophical foundation to the foreground. Theorists of human rights often assume that their ideal can be traced to the philosophy of Immanuel Kant and his view of humans as ends in themselves. Yet, few have attempted to explore exactly how human rights should be understood in a Kantian framework. The scholars in this book have gathered to fill this gap. At the center of Kant’s theory of rights is a view of freedom as independence from domination. The chapters explore the significance of this theory for the nature of human rights, their justification, and the legitimacy of international human rights courts.

Property Owning DemocracyProperty Owning Democracy



Brettschneider, C. (2007) Democratic Rights: The Substance of Self-Government, Princeton University Press Princeton. Carlson, D.G. (1994) Jurisprudence and personality in the work of John Rawls. Columbia Law Review, 94 (6), 1828–1841.

Author: Martin O'Neill

Publisher: John Wiley & Sons

ISBN: 9781118854600

Category:

Page: 336

View: 399

Property-Owning Democracy: Rawls and Beyond features a collection of original essays that represent the first extended treatment of political philosopher John Rawls' idea of a property-owning democracy. Offers new and essential insights into Rawls's idea of "property-owning democracy" Addresses the proposed political and economic institutions and policies which Rawls's theory would require Considers radical alternatives to existing forms of capitalism Provides a major contribution to debates among progressive policymakers and activists about the programmatic direction progressive politics should take in the near future