A discussion of Alexander S. Kirschner's A Theory of Militant Democracy: The Ethics of Combatting Political Extremism

2015 ◽  
Vol 13 (3) ◽  
pp. 794-795
Author(s):  
Nomi Claire Lazar
Keyword(s):  
Political Science ◽  
Rule Of Law ◽  
Transition To Democracy ◽  
Law And Order ◽  
Political Extremism ◽  
The Rule Of Law ◽  
The Core ◽  
Liberal Democratic ◽  
The Uk ◽  
The U.S

The legitimacy claims of liberal democratic states are typically couched in the language of individual rights and the rule of law. But contemporary liberal democratic states increasingly appeal to a logic of security, law and order, and the need to combat “political extremism.” This logic plays out in Ukraine, Egypt, and Turkey, and in Greece and Germany, but also in the U.S., France, and the UK. It is an increasingly important feature of politics in societies that may be experiencing a rough “transition to democracy,” but also in societies that are conventionally regarded as “consolidated democracies.” The normative and practical challenges presented by this situation are fundamental. Alexander S. Kirschner’s A Theory of Militant Democracy: The Ethics of Combatting Political Extremism offers one interesting take on these issues, which cut to the core of political science as a discipline. We have thus invited a range of political scientists from a variety of subfield and methodological perspectives to comment on the book and on the broader topic the book engages—the ethics of combatting political extremism and indeed the very political construction of “political extremism.” -- Jeffrey C. Isaac

A discussion of Alexander S. Kirschner's A Theory of Militant Democracy: The Ethics of Combatting Political Extremism

2015 ◽  
Vol 13 (3) ◽  
pp. 796-797
Author(s):  
Giovanni Capoccia
Keyword(s):  
Political Science ◽  
Rule Of Law ◽  
Transition To Democracy ◽  
Law And Order ◽  
Political Extremism ◽  
The Rule Of Law ◽  
The Core ◽  
Liberal Democratic ◽  
The Uk ◽  
The U.S

The legitimacy claims of liberal democratic states are typically couched in the language of individual rights and the rule of law. But contemporary liberal democratic states increasingly appeal to a logic of security, law and order, and the need to combat “political extremism.” This logic plays out in Ukraine, Egypt, and Turkey, and in Greece and Germany, but also in the U.S., France, and the UK. It is an increasingly important feature of politics in societies that may be experiencing a rough “transition to democracy,” but also in societies that are conventionally regarded as “consolidated democracies.” The normative and practical challenges presented by this situation are fundamental. Alexander S. Kirschner’s A Theory of Militant Democracy: The Ethics of Combatting Political Extremism offers one interesting take on these issues, which cut to the core of political science as a discipline. We have thus invited a range of political scientists from a variety of subfield and methodological perspectives to comment on the book and on the broader topic the book engages—the ethics of combatting political extremism and indeed the very political construction of “political extremism.” -- Jeffrey C. Isaac

A discussion of Alexander S. Kirschner's A Theory of Militant Democracy: The Ethics of Combatting Political Extremism

2015 ◽  
Vol 13 (3) ◽  
pp. 789-791
Author(s):  
Cas Mudde
Keyword(s):  
Political Science ◽  
Rule Of Law ◽  
Transition To Democracy ◽  
Law And Order ◽  
Political Extremism ◽  
The Rule Of Law ◽  
The Core ◽  
Liberal Democratic ◽  
The Uk ◽  
The U.S

The legitimacy claims of liberal democratic states are typically couched in the language of individual rights and the rule of law. But contemporary liberal democratic states increasingly appeal to a logic of security, law and order, and the need to combat “political extremism.” This logic plays out in Ukraine, Egypt, and Turkey, and in Greece and Germany, but also in the U.S., France, and the UK. It is an increasingly important feature of politics in societies that may be experiencing a rough “transition to democracy,” but also in societies that are conventionally regarded as “consolidated democracies.” The normative and practical challenges presented by this situation are fundamental. Alexander S. Kirschner’s A Theory of Militant Democracy: The Ethics of Combatting Political Extremism offers one interesting take on these issues, which cut to the core of political science as a discipline. We have thus invited a range of political scientists from a variety of subfield and methodological perspectives to comment on the book and on the broader topic the book engages—the ethics of combatting political extremism and indeed the very political construction of “political extremism.” — Jeffrey C. Isaac

A discussion of Alexander S. Kirschner's A Theory of Militant Democracy: The Ethics of Combatting Political Extremism

2015 ◽  
Vol 13 (3) ◽  
pp. 792-793
Author(s):  
Takis S. Pappas
Keyword(s):  
Political Science ◽  
Rule Of Law ◽  
Transition To Democracy ◽  
Law And Order ◽  
Political Extremism ◽  
The Rule Of Law ◽  
The Core ◽  
Liberal Democratic ◽  
The Uk ◽  
The U.S

The legitimacy claims of liberal democratic states are typically couched in the language of individual rights and the rule of law. But contemporary liberal democratic states increasingly appeal to a logic of security, law and order, and the need to combat “political extremism.” This logic plays out in Ukraine, Egypt, and Turkey, and in Greece and Germany, but also in the U.S., France, and the UK. It is an increasingly important feature of politics in societies that may be experiencing a rough “transition to democracy,” but also in societies that are conventionally regarded as “consolidated democracies.” The normative and practical challenges presented by this situation are fundamental. Alexander S. Kirschner’s A Theory of Militant Democracy: The Ethics of Combatting Political Extremism offers one interesting take on these issues, which cut to the core of political science as a discipline. We have thus invited a range of political scientists from a variety of subfield and methodological perspectives to comment on the book and on the broader topic the book engages—the ethics of combatting political extremism and indeed the very political construction of “political extremism.” -- Jeffrey C. Isaac

The COVID-19 Pandemic, the Courts and Online Hearings: Maintaining Open Justice, Procedural Fairness and Impartiality

2021 ◽  
pp. 0067205X2199313
Author(s):  
Michael Legg
Keyword(s):  
Rule Of Law ◽  
Procedural Fairness ◽  
Judicial Power ◽  
Communications Technology ◽  
Design Decisions ◽  
Adoption Of Technology ◽  
The Rule Of Law ◽  
The Core

The COVID-19 pandemic and the ensuing mandated health protections saw courts turn to communications technology as a means to be able to continue to function. However, courts are unique institutions that exercise judicial power in accordance with the rule of law. Even in a pandemic, courts need to function in a manner consistent with their institutional role and their essential characteristics. This article uses the unique circumstances brought about by the pandemic to consider how courts can embrace technology but maintain the core or essential requirements of a court. This article identifies three essential features of courts—open justice, procedural fairness and impartiality—and examines how this recent adoption of technology has maintained or challenged those essential features. This examination allows for an assessment of how the courts operated during the pandemic and also provides guidance for making design decisions about a technology-enabled future court.

scholarly journals Correlation of Law and Order in Society

2020 ◽  
Vol 37 (64) ◽  
pp. 53-61
Author(s):  
Gabdrakhman H. Valiev ◽  
Sergey V. Kondratyuk ◽  
Natalia A. Prodanova ◽  
Irina A. Babalikova ◽  
Kermen I. Makaeva ◽  
...  
Keyword(s):  
Rule Of Law ◽  
Justice System ◽  
Modern Society ◽  
Legal Regulation ◽  
Law And Order ◽  
The Rule Of Law ◽  
Human Rights Organizations ◽  
Relationship Of ◽  
The Relationship ◽  
Concrete Reality

The problem of the relationship of law and order is relevant to any modern society. The article tries to analyze this relationship, taking into account judicial, police and other activities. The named concepts are closely interconnected, but are not identical. They are correlated as cause and effect: there is a rule of law, there is no rule of law. One suggests the other. The rule of law as concrete reality logically precedes the rule of law as a doctrine, the connection here is hard, causal. The process is one. Law and order: a real indicator of the state of legality, reflects the degree of compliance with the laws, the requirements of all legal regulations. It is concluded that the rule of law is the end result of the implementation of legal requirements and, at the same time, the objective of legal regulation, since it is for the formation and maintenance of the rule of law that laws are issued, thus like other regulatory legal acts, various institutions and bodies and, above all, the justice system, the control system, various human rights organizations and social movements.

scholarly journals Ensuring Guarantees of the Rights of the Individual and the Inalienability of his Legal Status in the System of Legal Regulation

2021 ◽  
Vol 1 ◽  
pp. 21-29
Author(s):  
Alexander Vladimirovich Konovalov ◽  
Keyword(s):  
Rule Of Law ◽  
Legal Status ◽  
Legal Regulation ◽  
Public Law ◽  
Synergistic Action ◽  
The Rule Of Law ◽  
The Core ◽  
Private And Public ◽  
The Individual ◽  
Different Levels

The article is devoted to the analysis of the general principle of law — ensuring guarantees of individual rights and the inalienability of his legal status. According to the author, they are provided by the synergistic action of private and public law regulation. The article convincingly shows that private and public law is a single system of values with different levels of generalization of terms and different methodology. At the same time, it is the private legal mechanisms that are the basis, the core of the rule of law.

The State and Violence

2010 ◽  
Vol 8 (1) ◽  
pp. 293-296 ◽  
Author(s):  
Larry Diamond
Keyword(s):  
Conceptual Framework ◽  
Political Science ◽  
Rule Of Law ◽  
The State ◽  
Political Order ◽  
The Political ◽  
Modern State ◽  
Human History ◽  
The Rule Of Law ◽  
Social Orders

Violence and Social Orders: A Conceptual Framework for Interpreting Recorded Human History (Cambridge 2009) offers a theory of the evolution of the modern state and an even more ambitious framework “for interpreting recorded human history.” The book raises fundamental questions about the political structuring of violence, the functions of the rule of law, and the establishment and maintenance of political order. In doing so, it speaks to a range of political scientists from a variety of methodological and subfield perspectives. We have thus invited four prominent political science scholars of violence and politics to comment on the book: Jack Snyder, Caroline Hartzell, Jean Bethke Elshtain, and Larry Diamond.

The Politics of Public Order, 1795–1802

2014 ◽  
Author(s):  
Howard G. Brown
Keyword(s):  
Rule Of Law ◽  
Transitional Justice ◽  
Liberal Democracy ◽  
Public Order ◽  
Law And Order ◽  
The Rule Of Law ◽  
The Road ◽  
Basic Law ◽  
National Convention ◽  
New System

The Thermidorian National Convention, despite some efforts at ‘transitional justice’, failed to master the legacies of the Terror. Therefore, the fledgling regime needed to impose the new republican political order while also restoring basic law and order—two tightly entwined tasks. The Constitution of 1795 articulated a liberal democracy based on the rule of law, but political instability and endemic lawlessness led first to multiple violations of the constitution, especially in the wake of elections, and a steady shift from democratic republicanism toward ‘liberal authoritarianism’. This shift received added impetus during waves of repression intended to restore order on strictly republican terms. The result was the creation a new ‘security state’, one that combined coercive policing, administrative surveillance, exceptional justice, and militarized repression. The emergence of the new system helped to restore order, and thereby to legitimize the Consulate, but it also paved the road to personal dictatorship in 1802.

The Rule of Law in the U.S.-China Tech War

2021 ◽  
Author(s):  
Curtis J. Milhaupt ◽  
Michael Callahan
Keyword(s):  
Rule Of Law ◽  
The Rule Of Law ◽  
The U.S

The International Role of the U.S. Dollar

FEDS Notes ◽  
2021 ◽  
Vol 2021 (2998) ◽  
Author(s):  
Carol Bertaut ◽  
◽  
Bastian von Beschwitz ◽  
Stephanie Curcuru ◽  
◽  
...  
Keyword(s):  
Financial Markets ◽  
Rule Of Law ◽  
Capital Flows ◽  
Global Economy ◽  
The Rule Of Law ◽  
Strong Property ◽  
International Role ◽  
Openness To Trade ◽  
The U.S

For most of the last century, the preeminent role of the U.S. dollar in the global economy has been supported by the size and strength of the U.S. economy, its stability and openness to trade and capital flows, and strong property rights and the rule of law. As a result, the depth and liquidity of U.S. financial markets is unmatched, and there is a large supply of extremely safe dollar-denominated assets.

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