Equality Freedom And Democracy

"In the intellectual life of a scholar, it is not infrequent for a research question to rattle around in the back of the mind for years. Then all of a sudden comes the realisation that the time is ripe to tackle the topic, and that an attempt has to be made at presenting, discussing and empirically analysed it. I will not go into the reasons why I think that this is now the right moment to address the question on the implementation of the two traditional democratic values, and their transformations over recent years, partly as a consequence of the economic crisis, and its prospective sustainability. Maybe in his Discorsi Machiavelli was only right when he recommends going back to values in times of crisis. There are, of course, other objective and subjective reasons, and the former will emerge directly and indirectly in the first chapter"--.

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.

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.

From 1953 to 1969, the Supreme Court under Chief Justice Earl Warren brought about many of the proudest achievements of American constitutional law. The Warren declared racial segregation and laws forbidding interracial marriage to be unconstitutional; it expanded the right of citizens to criticize public officials; it held school prayer unconstitutional; and it ruled that people accused of a crime must be given a lawyer even if they can't afford one. Yet, despite those and other achievements, conservative critics have fiercely accused the justices of the Warren Court of abusing their authority by supposedly imposing their own opinions on the nation. As the eminent legal scholars Geoffrey R. Stone and David A. Strauss demonstrate in Democracy and Equality, the Warren Court's approach to the Constitution was consistent with the most basic values of our Constitution and with the most fundamental responsibilities of our judiciary. Stone and Strauss describe the Warren Court's extraordinary achievements by reviewing its jurisprudence across a range of issues addressing our nation's commitment to the values of democracy and equality. In each chapter, they tell the story of a critical decision, exploring the historical and legal context of each case, the Court's reasoning, and how the justices of the Warren Court fulfilled the Court's most important responsibilities. This powerfully argued evaluation of the Warren Court's legacy, in commemoration of the 50th anniversary of the end of the Warren Court, both celebrates and defends the Warren Court's achievements against almost sixty-five years of unrelenting and unwarranted attacks by conservatives. It demonstrates not only why the Warren Court's approach to constitutional interpretation was correct and admirable, but also why the approach of the Warren Court was far superior to that of the increasingly conservative justices who have dominated the Supreme Court over the past half-century.

Why do citizens in pluralist democracies disagree collectively about the very values they agree on individually? This provocative book highlights the inescapable conflicts of rights and values at the heart of democratic politics. Based on interviews with thousands of citizens and political decision makers, the book focuses on modern Canadian politics, investigating why a country so fortunate in its history and circumstances is on the brink of dissolution. Taking advantage of new techniques of computer-assisted interviewing, the authors explore the politics of a wide array of issues, from freedom of expression to public funding of religious schools to government wiretapping to antihate legislation, analyzing not only why citizens take the positions they do but also how easily they can be talked out of them. In the process, the authors challenge a number of commonly held assumptions about democratic politics. They show, for example, that political elites do not constitute a special bulwark protecting civil liberties; that arguments over political rights are as deeply driven by commitment to the master values of democratic politics as by failure to understand them; and that consensus on the rights of groups is inherently more fragile than on the rights of individuals.

This volumes explores the whole range of Alexis Tocqueville's ideas, from his political, literary and sociological theories to his concept of history, his religious beliefs, and his philosophical doctrines. Among the topics considered are: Tocqueville's beliefs about foreign policy as applied to American democracy; Tocqueville and Machiavelli on the art of being free; Tocqueville and the historical sociology of state; virtue and politics in Tocqueville; Tocqueville's debt to Rousseau and Pascal; Tocqueville's analysis of the role of religion in preserving American democracy; Tocqueville and American literary critics; and Tocqueville and the postmodern refusal of history. The different approaches to Tocqueville's classical work represented in this book, combined with the frequent use of unpublished sources, present a fresh and renewed vision of his classic Democracy in America, reinforcing after a century and a half its reputation as the most modern, provocative, and profound attempt to explain the nature of democracy. Contributing to the volume are: Pierre Birnbaum (University of Sorbonne), Herbert Dittgen (University of Goettingen), Joseph Alulis (Lake Forest College), Dalmacio Negro (Universidad Complutense, Madrid), Peter A. Lawler (Berry College), Catherine Zuckert (Carleton College), Francesco de Sanctis (Naples University), Hugh Brogan (University of Essex), Cushing Strout (Cornell University), Gisela Schlueter (Universitaet Hannover), Roger Boesche (Occidental College), Edward T. Gargan (University of Wisconsin), and James T. Schleifer (College of New Rochelle).

Unashamedly polemical, this reissue of Freedom & Equality, first published in 1986, presents a strong and persuasively argued case for democratic socialism. In contrast to many recent books justifying conservatism and varieties of Marxism, Keith Dixon defends the two great principles underpinning democratic socialism – freedom and equality. He aims both to restore the idea of freedom to its proper place in the political vocabulary of the left and to defend a stark version of freedom as absence of constraint. Only this version of freedom, he argues, is consistent with the proper defence of civil liberties. Dixon also defends radical egalitarianism from its critics, who either repudiate its full force or reject it out of hand. He believes that freedom and equality are potentially realizable socialist goals, that democratic socialism is not necessarily linked with fraternalism, and – above all – that it should be based upon a firm and consistent conception of individuality.

Is religious freedom being curtailed in pursuit of equality, and the outlawing of discrimination? Is enough effort made to accommodate those motivated by a religious conscience? All rights matter but at times the right to put religious beliefs into practice increasingly takes second place in the law of different countries to the pursuit of other social priorities. The right to freedom of belief and to manifest belief is written into all human rights charters. In the United States religious freedom is sometimes seen as 'the first freedom'. Yet increasingly in many jurisdictions in Europe and North America, religious freedom can all too easily be 'trumped' by other rights. Roger Trigg looks at the assumptions that lie behind the subordination of religious liberty to other social concerns, especially the pursuit of equality. He gives examples from different Western countries of a steady erosion of freedom of religion. The protection of freedom of worship is often seen as sufficient, and religious practices are separated from the beliefs which inspire them. So far from religion in general, and Christianity in particular, providing a foundation for our beliefs in human dignity and human rights, religion is all too often seen as threat and a source of conflict, to be controlled at all costs. The challenge is whether any freedom can preserved for long, if the basic human right to freedom of religious belief and practice is dismissed as of little account, with no attempt to provide any reasonable accommodation. Given the central role of religion in human life, unnecessary limitations on its expression are attacks on human freedom itself.