Book•
Law's Empire
01 Jan 1986-
TL;DR: Law's Empire as mentioned in this paper provides a judicious and coherent introduction to the place of law in our lives, its given authority, its application in democracy, the prominent role of interpretation in judgement and the relations of lawmakers and lawgivers to the community on whose behalf they pronounce.
Abstract: In this reprint of Law's Empire,Ronald Dworkin reflects on the nature of the law, its given authority, its application in democracy, the prominent role of interpretation in judgement, and the relations of lawmakers and lawgivers to the community on whose behalf they pronounce. For that community, Law's Empire provides a judicious and coherent introduction to the place of law in our lives. Previously Published by Harper Collins. Reprinted (1998) by Hart Publishing.
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TL;DR: The logic of appropriateness is a perspective that sees human action as driven by rules of appropriate or exemplary behavior, organized into institutions as mentioned in this paper, which are followed because they are seen as natural, rightful, expected, and legitimate actors seek to fulfill the obligations encapsulated in a role, an identity, membership in a political community or group, and the ethos, practices and expectations of its institutions.
Abstract: The logic of appropriateness is a perspective that sees human action as driven by rules of appropriate or exemplary behavior, organized into institutions Rules are followed because they are seen as natural, rightful, expected, and legitimate Actors seek to fulfill the obligations encapsulated in a role, an identity, a membership in a political community or group, and the ethos, practices and expectations of its institutions Embedded in a social collectivity, they do what they see as appropriate for themselves in a specific type of situation The paper is divided into five parts First, we sketch the basic ideas of rule-based action Second, we describe some characteristics of contemporary democratic settings Third, we attend to the relations between rules and action, the elements of slippage in executing rules Fourth, we examine the dynamics of rules and standards of appropriateness And, fifth, we discuss a possible reconciliation of different logics of action, as part of a future research agenda for students of democratic politics and policy making
709 citations
TL;DR: The New Institutionalism as discussed by the authors is a set of theoretical ideas and hypotheses concerning the relations between institutional characteristics and political agency, performance and change, and it emphasizes the endogenous nature and social construction of political institutions.
Abstract: To sketch an institutional approach, this paper elaborates ideas presented over 20 years ago in The New Institutionalism: Organizational Factors in Political Life (March and Olsen 1984). Institutionalism, as that term is used here, connotes a general approach to the study of political institutions, a set of theoretical ideas and hypotheses concerning the relations between institutional characteristics and political agency, performance and change. Institutionalism emphasizes the endogenous nature and social construction of political institutions. Institutions are not simply equilibrium contracts among self-seeking, calculating individual actors or arenas for contending social forces. They are collections of structures, rules and standard operating procedures that have a partly autonomous role in political life. The paper ends with raising some research questions at the frontier of institutional studies.
640 citations
01 Dec 2004
TL;DR: The notion of knowledge in power has been studied in the context of global governance as discussed by the authors. But it has not yet been explored in the field of policing and global governance, as discussed in this paper.
Abstract: 1. Power and global governance Michael N. Barnett and Raymond Duvall 2. Power, institutions, and the production of inequality Andrew Hurrell 3. Policing and global governance Mark Laffey and Jutta Weldes 4. Power, fairness and the global economy Ethan Kapstein 5. Power politics and the institutionalization of international relations Lloyd Gruber 6. Power, nested governance, and the WTO: a comparative institutional approach Greg Shaffer 7. The power of liberal international organizations Michael N. Barnett and Martha Finnemore 8. The power of interpretive communities Ian Johnstone 9. Class powers and the politics of global governance Mark Rupert 10. Global civil society and global governmentality: or, the search for the political and the state amidst capillaries of power Ronnie Lipschutz 11. Governing the innocent? The 'civilian' in international law Helen Kinsella 12. Colonial and postcolonial global governance Himadeep Muppidi 13. Knowledge in power: the epistemic construction of global governance Emanuel Adler and Steven Bernstein.
503 citations
TL;DR: In this paper, the authors argue that a globally impartial liberal theory is not in the best interests of distributive justice, and identify a different way in which liberalism might deal with the worries created by the fact of state borders.
Abstract: Liberalism has difficulty with the fact of state borders. Liberals are, on the one hand, committed to moral equality, so that the simple fact of humanity is sufficient to motivate a demand for equal concern and respect. Liberal principles, on the other hand, are traditionally applied only within the context of the territorial state, which seems to place an arbitrary limit on the range within which liberal guarantees will apply. This difficulty is particularly stark in the context of distributive justice; state boundaries, after all, often divide not simply one jurisdiction from another, but the rich from the poor as well. Allowing these boundaries to determine distributive shares seems to place an almost feudal notion of birthright privilege back into the heart of liberal theory. This difficulty has led many philosophers to argue that some revision of liberal theory is necessary. These proposals frequently involve either the demand that liberalism focus on previously neglected particularistic commitments, or the demand that it abandon such local concerns and endorse a cosmopolitan vision of distributive justice. What I want to do in this article is identify a different way in which liberalism might deal with the worries created by the fact of state borders. My argument is that a globally impartial liberal theory is not in-
498 citations
Book•
01 Jan 2004TL;DR: In this article, the authors explore the history, politics, and theory surrounding the rule of law ideal, beginning with classical Greek and Roman ideas, elaborating on medieval contributions to the rule-of-law, and articulating the role played by the role of law in liberal theory and liberal political systems.
Abstract: The rule of law is the most important political ideal today, yet there is much confusion about what it means and how it works. This 2004 book explores the history, politics, and theory surrounding the rule of law ideal, beginning with classical Greek and Roman ideas, elaborating on medieval contributions to the rule of law, and articulating the role played by the rule of law in liberal theory and liberal political systems. The author outlines the concerns of Western conservatives about the decline of the rule of law and suggests reasons why the radical Left have promoted this decline. Two basic theoretical streams of the rule of law are then presented, with an examination of the strengths and weaknesses of each. The book examines the rule of law on a global level, and concludes by answering the question of whether the rule of law is a universal human good.
453 citations