Eoin Carolan
- Published in print:
- 2009
- Published Online:
- February 2010
- ISBN:
- 9780199568673
- eISBN:
- 9780191721588
- Item type:
- book
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199568673.001.0001
- Subject:
- Law, Constitutional and Administrative Law, Public International Law
This book develops a new model of the separation of powers theory for the administrative state. The traditional tripartite separation of powers theory does not reflect the way in which modern ...
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This book develops a new model of the separation of powers theory for the administrative state. The traditional tripartite separation of powers theory does not reflect the way in which modern government actually works. Accordingly this book argues for the replacement of the traditional theory with a new model which has the potential both to enhance democratic checks and balances and to legitimize the role of administrative and regulatory bodies in the modern state. Explaining how developments in modern governance have subverted the principles originally underpinning the separation of powers, the book identifies the ways in which lawyers and administrators have sought to apply these democratic principles to contemporary systems of decentralized third-party governance. These piecemeal efforts are gathered together in the book into a cohesive account of a radical overarching framework for institutional reform. A new separation of constituencies system is proposed, in accordance with which power is distributed between institutions on the basis of their ability to represent those interests which comprise the core constituent elements of the social and constitutional order.Less
This book develops a new model of the separation of powers theory for the administrative state. The traditional tripartite separation of powers theory does not reflect the way in which modern government actually works. Accordingly this book argues for the replacement of the traditional theory with a new model which has the potential both to enhance democratic checks and balances and to legitimize the role of administrative and regulatory bodies in the modern state. Explaining how developments in modern governance have subverted the principles originally underpinning the separation of powers, the book identifies the ways in which lawyers and administrators have sought to apply these democratic principles to contemporary systems of decentralized third-party governance. These piecemeal efforts are gathered together in the book into a cohesive account of a radical overarching framework for institutional reform. A new separation of constituencies system is proposed, in accordance with which power is distributed between institutions on the basis of their ability to represent those interests which comprise the core constituent elements of the social and constitutional order.
Barbara Jo Fidler, Nicholas Bala, and Michael A. Saini
- Published in print:
- 2012
- Published Online:
- September 2012
- ISBN:
- 9780199895496
- eISBN:
- 9780199980086
- Item type:
- book
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199895496.001.0001
- Subject:
- Psychology, Forensic Psychology
Interest in the problem of children who resist contact with or become alienated from a parent after separation or divorce is growing, due in part to parents' increasing frustrations with the apparent ...
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Interest in the problem of children who resist contact with or become alienated from a parent after separation or divorce is growing, due in part to parents' increasing frustrations with the apparent ineffectiveness of the legal system in handling these unique cases. There is a need for legal and mental health professionals to improve their understanding of, and response to, this polarizing social dynamic. This book is a critical, empirically based review of parental alienation that integrates the best research evidence with clinical insight from interviews with leading scholars and practitioners. The text draws upon the growing body of mental health and legal literature to summarize the historical development and controversies surrounding the concept of “alienation” and explain the causes, dynamics, and differentiation of various types of parent-child relationship issues. The chapters review research on prevalence, risk factors, indicators, assessment, and measurement to form a conceptual integration of multiple factors relevant to the etiology and maintenance of the problem of strained parent-child relationships. A differential approach to assessment and intervention is provided. Children's rights, the role of their wishes and preferences in legal proceedings, and the short- and long-term impact of parental alienation are also discussed.Less
Interest in the problem of children who resist contact with or become alienated from a parent after separation or divorce is growing, due in part to parents' increasing frustrations with the apparent ineffectiveness of the legal system in handling these unique cases. There is a need for legal and mental health professionals to improve their understanding of, and response to, this polarizing social dynamic. This book is a critical, empirically based review of parental alienation that integrates the best research evidence with clinical insight from interviews with leading scholars and practitioners. The text draws upon the growing body of mental health and legal literature to summarize the historical development and controversies surrounding the concept of “alienation” and explain the causes, dynamics, and differentiation of various types of parent-child relationship issues. The chapters review research on prevalence, risk factors, indicators, assessment, and measurement to form a conceptual integration of multiple factors relevant to the etiology and maintenance of the problem of strained parent-child relationships. A differential approach to assessment and intervention is provided. Children's rights, the role of their wishes and preferences in legal proceedings, and the short- and long-term impact of parental alienation are also discussed.
Mark J. Joe
- Published in print:
- 2006
- Published Online:
- October 2011
- ISBN:
- 9780199205301
- eISBN:
- 9780191695612
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199205301.003.0022
- Subject:
- Business and Management, Corporate Governance and Accountability, Business History
This chapter examines political change in continental Europe. The recent demand for more pro-shareholder corporate governance in continental Europe and for legal structures that facilitate ownership ...
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This chapter examines political change in continental Europe. The recent demand for more pro-shareholder corporate governance in continental Europe and for legal structures that facilitate ownership separation follows European politics' move rightward, away from its late 20th-century history of strong social democratic politics. Politics, product markets, efforts to improve corporate law's institutions, and new capital-raising methods are all moving simultaneously.Less
This chapter examines political change in continental Europe. The recent demand for more pro-shareholder corporate governance in continental Europe and for legal structures that facilitate ownership separation follows European politics' move rightward, away from its late 20th-century history of strong social democratic politics. Politics, product markets, efforts to improve corporate law's institutions, and new capital-raising methods are all moving simultaneously.
Thomas Lundmark
- Published in print:
- 2008
- Published Online:
- January 2009
- ISBN:
- 9780195368727
- eISBN:
- 9780199867530
- Item type:
- book
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780195368727.001.0001
- Subject:
- Law, Constitutional and Administrative Law
This book provides a coherent, readily accessible analysis of the tensions inherent in American constitutional law between the governing body and the governed. It is, in short, about democratic ...
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This book provides a coherent, readily accessible analysis of the tensions inherent in American constitutional law between the governing body and the governed. It is, in short, about democratic government and its citizens. Government possesses power. Citizens enjoy rights that protect them against untoward exercises of this power. All exercises of governmental power are traceable to, and legitimated by, the people, making them democratic. This book combines both an analytic framework for understanding constitutional law as well as excerpts from seminal Supreme Court decisions on controversial topics, such as the President's war powers, the impeachment of President Clinton, civil rights legislation, gun control, free speech, freedom of religion, abortion, and school desegregation. The book covers the major constitutional doctrines, including the enumeration of powers, executive immunity, the jurisdictional “Cases or Controversies” requirement for federal courts, and the “Political Question” doctrine. The so-called levels of scrutiny applied to impingements on constitutional rights are explained and illustrated in their application. For ease of understanding and study, constitutional rights are subsumed under the concepts of liberty and equality. Liberty rights can usefully be thought of as individual rights. They include the “fundamental rights” recognized by the Constitution and by the Supreme Court, such as freedom of speech and the right of privacy. Equality rights are those enjoyed as a member of a protected group. According to reigning doctrine, the protected groups are known as “suspect” and “quasi-suspect” classes. Racial classifications, for example, belong to the former group; gender classifications, to the latter.Less
This book provides a coherent, readily accessible analysis of the tensions inherent in American constitutional law between the governing body and the governed. It is, in short, about democratic government and its citizens. Government possesses power. Citizens enjoy rights that protect them against untoward exercises of this power. All exercises of governmental power are traceable to, and legitimated by, the people, making them democratic. This book combines both an analytic framework for understanding constitutional law as well as excerpts from seminal Supreme Court decisions on controversial topics, such as the President's war powers, the impeachment of President Clinton, civil rights legislation, gun control, free speech, freedom of religion, abortion, and school desegregation. The book covers the major constitutional doctrines, including the enumeration of powers, executive immunity, the jurisdictional “Cases or Controversies” requirement for federal courts, and the “Political Question” doctrine. The so-called levels of scrutiny applied to impingements on constitutional rights are explained and illustrated in their application. For ease of understanding and study, constitutional rights are subsumed under the concepts of liberty and equality. Liberty rights can usefully be thought of as individual rights. They include the “fundamental rights” recognized by the Constitution and by the Supreme Court, such as freedom of speech and the right of privacy. Equality rights are those enjoyed as a member of a protected group. According to reigning doctrine, the protected groups are known as “suspect” and “quasi-suspect” classes. Racial classifications, for example, belong to the former group; gender classifications, to the latter.
Lawrence Stone
- Published in print:
- 1992
- Published Online:
- October 2011
- ISBN:
- 9780198202530
- eISBN:
- 9780191675386
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780198202530.003.0018
- Subject:
- History, British and Irish Early Modern History
This chapter presents a case study on valid clandestine marriage in England, focusing on the court case Rudd v. Rudd which was filed in 1720. This can involved the sixteen-year-old baronet Sir John ...
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This chapter presents a case study on valid clandestine marriage in England, focusing on the court case Rudd v. Rudd which was filed in 1720. This can involved the sixteen-year-old baronet Sir John Rudd and young servant called Lettice Vaughan. Rudd secretly married Vaughan in her room. By January 1721, the news of the marriage seeped out and Rudd was sent by his family to Holland for his education. When Rudd came of age, his family mounted a deliberate campaign of deception to lure Lettice into a second, bigamous marriage in order to dissolve her first marriage. Lettice then married John Blackman. She later learned that Rudd was still alive when he filed a suit for separation on grounds on her adultery with Blackman.Less
This chapter presents a case study on valid clandestine marriage in England, focusing on the court case Rudd v. Rudd which was filed in 1720. This can involved the sixteen-year-old baronet Sir John Rudd and young servant called Lettice Vaughan. Rudd secretly married Vaughan in her room. By January 1721, the news of the marriage seeped out and Rudd was sent by his family to Holland for his education. When Rudd came of age, his family mounted a deliberate campaign of deception to lure Lettice into a second, bigamous marriage in order to dissolve her first marriage. Lettice then married John Blackman. She later learned that Rudd was still alive when he filed a suit for separation on grounds on her adultery with Blackman.
Joanna L. Grossman and Lawrence M. Friedman
- Published in print:
- 2011
- Published Online:
- October 2017
- ISBN:
- 9780691149820
- eISBN:
- 9781400839773
- Item type:
- chapter
- Publisher:
- Princeton University Press
- DOI:
- 10.23943/princeton/9780691149820.003.0009
- Subject:
- Law, Family Law
This chapter tracks the divorce story, from the traditional system of fault-based divorce to the new system of divorce on demand. It also takes a look at annulment and the recent backlash that tries, ...
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This chapter tracks the divorce story, from the traditional system of fault-based divorce to the new system of divorce on demand. It also takes a look at annulment and the recent backlash that tries, mostly without success, to use the law to try to stem the tide of family breakdown. In the twentieth century, one frequently hears that marriage and the nuclear family are under siege, as divorce—and especially the rise of no-fault divorce—contributes centrally to that image. Aside from divorce, the chapter also looks at two related topics—legal separation and annulment—both of which act as substitutes for divorce, with one still maintaining some illusion of marriage while the other breaks it apart completely.Less
This chapter tracks the divorce story, from the traditional system of fault-based divorce to the new system of divorce on demand. It also takes a look at annulment and the recent backlash that tries, mostly without success, to use the law to try to stem the tide of family breakdown. In the twentieth century, one frequently hears that marriage and the nuclear family are under siege, as divorce—and especially the rise of no-fault divorce—contributes centrally to that image. Aside from divorce, the chapter also looks at two related topics—legal separation and annulment—both of which act as substitutes for divorce, with one still maintaining some illusion of marriage while the other breaks it apart completely.
Lawrence Stone
- Published in print:
- 1993
- Published Online:
- October 2011
- ISBN:
- 9780198202547
- eISBN:
- 9780191675393
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780198202547.003.0012
- Subject:
- History, British and Irish Early Modern History
What this story brings out so vividly is the intense concern by family friends and legal advisers to avoid the shame and disgrace of airing domestic grievances in open court. On the other hand, such ...
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What this story brings out so vividly is the intense concern by family friends and legal advisers to avoid the shame and disgrace of airing domestic grievances in open court. On the other hand, such was the obstinacy of Henry Otway that the two critical issues upon which the resolution of the separation negotiations depended were unable to be resolved. These two were, first, a substantial maintenance allowance for Sarah, bearing in mind that the bulk of the fortune of Henry Otway had come from her; and, secondly, some compromise over the custody of the children. Sarah insisted on having full custody of the three girls, with arrangements for visits to their father, conceding to her husband custody of the three boys, but demanding visiting rights to them.Less
What this story brings out so vividly is the intense concern by family friends and legal advisers to avoid the shame and disgrace of airing domestic grievances in open court. On the other hand, such was the obstinacy of Henry Otway that the two critical issues upon which the resolution of the separation negotiations depended were unable to be resolved. These two were, first, a substantial maintenance allowance for Sarah, bearing in mind that the bulk of the fortune of Henry Otway had come from her; and, secondly, some compromise over the custody of the children. Sarah insisted on having full custody of the three girls, with arrangements for visits to their father, conceding to her husband custody of the three boys, but demanding visiting rights to them.
Thomas Lundmark
- Published in print:
- 2008
- Published Online:
- January 2009
- ISBN:
- 9780195368727
- eISBN:
- 9780199867530
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780195368727.003.0001
- Subject:
- Law, Constitutional and Administrative Law
This book is divided into two clear parts. The first is devoted to governmental power and sketches the structure of the federal government of the United States. It focuses on the separation of powers ...
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This book is divided into two clear parts. The first is devoted to governmental power and sketches the structure of the federal government of the United States. It focuses on the separation of powers and federalism. Part Two appraises the panoply of explicit and implicit constitutional rights protected by the Constitution. For ease of understanding and study, constitutional rights are subsumed under the concepts of liberty and equality. Liberty rights can usefully be thought of as individual rights. They include the “fundamental rights” recognized by the Constitution and by the Supreme Court, such as freedom of speech and the right of privacy. Equality rights are those enjoyed as a member of a protected group. The book features a number of fundamental decisions of the United States Supreme Court throughout.Less
This book is divided into two clear parts. The first is devoted to governmental power and sketches the structure of the federal government of the United States. It focuses on the separation of powers and federalism. Part Two appraises the panoply of explicit and implicit constitutional rights protected by the Constitution. For ease of understanding and study, constitutional rights are subsumed under the concepts of liberty and equality. Liberty rights can usefully be thought of as individual rights. They include the “fundamental rights” recognized by the Constitution and by the Supreme Court, such as freedom of speech and the right of privacy. Equality rights are those enjoyed as a member of a protected group. The book features a number of fundamental decisions of the United States Supreme Court throughout.
Thomas Lundmark
- Published in print:
- 2008
- Published Online:
- January 2009
- ISBN:
- 9780195368727
- eISBN:
- 9780199867530
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780195368727.003.0002
- Subject:
- Law, Constitutional and Administrative Law
This part examines the structure of the federal government of the United States, focusing on the core principles of separation of powers and federalism. Accountability, and thereby democracy, is ...
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This part examines the structure of the federal government of the United States, focusing on the core principles of separation of powers and federalism. Accountability, and thereby democracy, is fostered by the assignment of distinct governmental functions to discrete branches of government in accordance with the principle of separation of powers. Similar democratic considerations help account for the vertical division of governmental power in accordance with the principle of federalism.Less
This part examines the structure of the federal government of the United States, focusing on the core principles of separation of powers and federalism. Accountability, and thereby democracy, is fostered by the assignment of distinct governmental functions to discrete branches of government in accordance with the principle of separation of powers. Similar democratic considerations help account for the vertical division of governmental power in accordance with the principle of federalism.
Gareth Lloyd
- Published in print:
- 2007
- Published Online:
- May 2007
- ISBN:
- 9780199295746
- eISBN:
- 9780191711701
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199295746.003.0006
- Subject:
- Religion, Church History
By 1749 Methodism had put down firm roots in communities across the British Isles. The movement's size and the increasing sophistication of its structure and worship life imposed a distance with the ...
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By 1749 Methodism had put down firm roots in communities across the British Isles. The movement's size and the increasing sophistication of its structure and worship life imposed a distance with the parent Church of England and this was worsened by the hostility of many Anglicans. Some Methodist preachers started to react against the Church and also against the discipline imposed by the Wesley brothers. The rising tension boiled over in 1754 when preachers in London and Reading administered the Sacraments contrary to Anglican practice. The resulting crisis was worsened by Charles Wesley's suspicion that his brother was sympathetic to the separatists. John eventually decided against separation from the Church of England, but his brother's fears for the future were not eased, establishing a pattern for the future of his relationship with John Wesley and the Methodist movement.Less
By 1749 Methodism had put down firm roots in communities across the British Isles. The movement's size and the increasing sophistication of its structure and worship life imposed a distance with the parent Church of England and this was worsened by the hostility of many Anglicans. Some Methodist preachers started to react against the Church and also against the discipline imposed by the Wesley brothers. The rising tension boiled over in 1754 when preachers in London and Reading administered the Sacraments contrary to Anglican practice. The resulting crisis was worsened by Charles Wesley's suspicion that his brother was sympathetic to the separatists. John eventually decided against separation from the Church of England, but his brother's fears for the future were not eased, establishing a pattern for the future of his relationship with John Wesley and the Methodist movement.
Chris Beneke
- Published in print:
- 2006
- Published Online:
- September 2006
- ISBN:
- 9780195305555
- eISBN:
- 9780199784899
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/0195305558.003.0002
- Subject:
- Religion, Religion and Society
This chapter focuses on the disruptive religious revivals of the 1740s and 1750s, known as the First Great Awakening. It explores how the impressive mobility and astonishing popularity of itinerant ...
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This chapter focuses on the disruptive religious revivals of the 1740s and 1750s, known as the First Great Awakening. It explores how the impressive mobility and astonishing popularity of itinerant ministers gave new meaning to the right of private judgment. It also documents the rash of revival-inspired church separations, which broadened the range of religious alternatives and undermined traditional religious authority. The travails of a humble minister named Ebenezer Parkman dramatize the sometimes painful consequences of religious diversity, as well as its liberating possibilities.Less
This chapter focuses on the disruptive religious revivals of the 1740s and 1750s, known as the First Great Awakening. It explores how the impressive mobility and astonishing popularity of itinerant ministers gave new meaning to the right of private judgment. It also documents the rash of revival-inspired church separations, which broadened the range of religious alternatives and undermined traditional religious authority. The travails of a humble minister named Ebenezer Parkman dramatize the sometimes painful consequences of religious diversity, as well as its liberating possibilities.
Melchisedec TÖrÖnen
- Published in print:
- 2007
- Published Online:
- May 2007
- ISBN:
- 9780199296118
- eISBN:
- 9780191712258
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199296118.003.0009
- Subject:
- Religion, Early Christian Studies
A discussion of the language of ‘union without confusion’, so characteristic of the theology Maximus follows which rejects any separation or confusion in Christ. The notions of ‘union without ...
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A discussion of the language of ‘union without confusion’, so characteristic of the theology Maximus follows which rejects any separation or confusion in Christ. The notions of ‘union without confusion’ and ‘interpenetration’ are discussed. The Neoplatonist Porphyry and St Cyril of Alexandria also feature in this chapter.Less
A discussion of the language of ‘union without confusion’, so characteristic of the theology Maximus follows which rejects any separation or confusion in Christ. The notions of ‘union without confusion’ and ‘interpenetration’ are discussed. The Neoplatonist Porphyry and St Cyril of Alexandria also feature in this chapter.
Elliot N. Dorff
David E. Guinn (ed.)
- Published in print:
- 2006
- Published Online:
- September 2006
- ISBN:
- 9780195178739
- eISBN:
- 9780199784943
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/0195178734.003.0008
- Subject:
- Religion, Philosophy of Religion
This chapter argues that American public policy discussions should follow the Jewish model — which encourages open, frank, and even heated debate within an atmosphere of mutual respect. It further ...
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This chapter argues that American public policy discussions should follow the Jewish model — which encourages open, frank, and even heated debate within an atmosphere of mutual respect. It further argues that religious views should be part of the American public discussion. This is a departure from a long-standing belief in a strong wall of separation between church and state.Less
This chapter argues that American public policy discussions should follow the Jewish model — which encourages open, frank, and even heated debate within an atmosphere of mutual respect. It further argues that religious views should be part of the American public discussion. This is a departure from a long-standing belief in a strong wall of separation between church and state.
Andrew Kuper
- Published in print:
- 2004
- Published Online:
- November 2004
- ISBN:
- 9780199274901
- eISBN:
- 9780191601552
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/0199274908.003.0001
- Subject:
- Political Science, International Relations and Politics
In the face of globalization, an international political system based on states is unable to meet daunting political challenges that confront our world. Is it possible to develop a global order that ...
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In the face of globalization, an international political system based on states is unable to meet daunting political challenges that confront our world. Is it possible to develop a global order that would enable more justifiable and effective rule for the world’s people? In particular, can the principles and practices of justice and representative democracy be extended, to answer this challenge, beyond the state contexts for which they were devised? This book argues that we should end our dubious romance with the nation-state in favour of a multi-form global system called Responsive Democracy. To this end, the book presents core components of (a) a theory of global justice that arises out of a critique of the influential political philosophy of John Rawls; (b) a theory of democratic representation that constitutes an alternative to the approach taken by Jurgen Habermas and his deliberative democratic followers; and (c) a theory of how political and moral ideals that are necessarily framed in abstract terms can help orient practice in messy, non-ideal conditions. Together, these three currents of this text form a novel approach to global justice and democracy. The concrete implications of this approach to constitutionalism, institutional design, and politics will be explored for four leading global institutions.Less
In the face of globalization, an international political system based on states is unable to meet daunting political challenges that confront our world. Is it possible to develop a global order that would enable more justifiable and effective rule for the world’s people? In particular, can the principles and practices of justice and representative democracy be extended, to answer this challenge, beyond the state contexts for which they were devised? This book argues that we should end our dubious romance with the nation-state in favour of a multi-form global system called Responsive Democracy. To this end, the book presents core components of (a) a theory of global justice that arises out of a critique of the influential political philosophy of John Rawls; (b) a theory of democratic representation that constitutes an alternative to the approach taken by Jurgen Habermas and his deliberative democratic followers; and (c) a theory of how political and moral ideals that are necessarily framed in abstract terms can help orient practice in messy, non-ideal conditions. Together, these three currents of this text form a novel approach to global justice and democracy. The concrete implications of this approach to constitutionalism, institutional design, and politics will be explored for four leading global institutions.
Andrew Kuper
- Published in print:
- 2004
- Published Online:
- November 2004
- ISBN:
- 9780199274901
- eISBN:
- 9780191601552
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/0199274908.003.0004
- Subject:
- Political Science, International Relations and Politics
Develops a theory of representation that can guide the democratization of societies of great and even global scope. Kuper elucidates the institutional conditions necessary for (1) good judgements ...
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Develops a theory of representation that can guide the democratization of societies of great and even global scope. Kuper elucidates the institutional conditions necessary for (1) good judgements about interests to be made, (2) by adequately informed and capable agents, (3) who are empowered and constrained to act on such judgements responsibly. He argues that elections, competitive party politics, the classical tripartite separation of powers, media, and civil society are insufficient mechanisms for securing such substantive representation. He proposes an alternative institutional configuration, a new ‘plurality of powers’ that supplements and transforms these mechanisms. Among Kuper’s proposals for new institutions are: ‘advocacy and accountability agencies’ that will reduce power imbalances; a global ‘Charter of Obligations’ that will reduce bureaucracy; and a vision of ‘responsive global citizenship’ that will reduce citizen passivity. These innovations will enable citizens to exercise greater control, and enable representatives to act more effectively, than under a system of states.Less
Develops a theory of representation that can guide the democratization of societies of great and even global scope. Kuper elucidates the institutional conditions necessary for (1) good judgements about interests to be made, (2) by adequately informed and capable agents, (3) who are empowered and constrained to act on such judgements responsibly. He argues that elections, competitive party politics, the classical tripartite separation of powers, media, and civil society are insufficient mechanisms for securing such substantive representation. He proposes an alternative institutional configuration, a new ‘plurality of powers’ that supplements and transforms these mechanisms. Among Kuper’s proposals for new institutions are: ‘advocacy and accountability agencies’ that will reduce power imbalances; a global ‘Charter of Obligations’ that will reduce bureaucracy; and a vision of ‘responsive global citizenship’ that will reduce citizen passivity. These innovations will enable citizens to exercise greater control, and enable representatives to act more effectively, than under a system of states.
Lavinia Stan and Lucian Turcescu
- Published in print:
- 2007
- Published Online:
- September 2007
- ISBN:
- 9780195308532
- eISBN:
- 9780199785728
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780195308532.003.0002
- Subject:
- Religion, Religion and Society
Since 1989, four competing models of church‐state relations have been advocated by the dominant Orthodox Church, the religious minority groups, the humanistic civil society, and the Romanian ...
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Since 1989, four competing models of church‐state relations have been advocated by the dominant Orthodox Church, the religious minority groups, the humanistic civil society, and the Romanian authorities. This chapter presents church‐state relations in pre‐communist, communist and post‐communist times as reflected in the 1831, 1923, 1948 and 1991 constitutions and contrasts the post‐communist model to Alfred Stepan's democratic requirement of twin tolerations between church and state.Less
Since 1989, four competing models of church‐state relations have been advocated by the dominant Orthodox Church, the religious minority groups, the humanistic civil society, and the Romanian authorities. This chapter presents church‐state relations in pre‐communist, communist and post‐communist times as reflected in the 1831, 1923, 1948 and 1991 constitutions and contrasts the post‐communist model to Alfred Stepan's democratic requirement of twin tolerations between church and state.
Gary Scott Smith
- Published in print:
- 2006
- Published Online:
- January 2007
- ISBN:
- 9780195300604
- eISBN:
- 9780199785285
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780195300604.003.0011
- Subject:
- Religion, Religion and Society
Although George W. Bush is not more personally devout than Woodrow Wilson or Jimmy Carter, religious issues have played an even more important role in his presidency than for any of his predecessors. ...
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Although George W. Bush is not more personally devout than Woodrow Wilson or Jimmy Carter, religious issues have played an even more important role in his presidency than for any of his predecessors. The impact of Bush’s faith is evident in his personality, rhetoric, campaigns, appointments, and policies. It has helped shape his electoral strategy, his political agenda, and his relationship with domestic constituencies and leaders of other nations. The nature of his personal faith, the many religious factors involved in his campaigns, and the influence of his religious convictions on his policies have provoked an immense amount of discussion, debate, and disagreement. More than that of any other president, his White House is filled with individuals who have strong faith commitments. Bush has been frequently accused of being a Christian zealot who wants to remake America in accordance with his own religious views, as evident in his domestic agenda, political appointments, and approach to international relations. Detractors also protest that many of Bush’s policies and his belief that he is God’s instrument violate First Amendment guarantees of church-state separation and are extremely dangerous. Bush faithfully reads the Bible and stresses the power of prayer. The support Bush received from evangelicals and conservative Catholics contributed significantly to his narrow victories in the 2000 and 2004 elections. Bush’s faith played a major role in his promotion of compassionate conservatism and faith-based initiatives. The war on terrorism and the invasion and occupation of Iraq have provoked substantial debate among America’s religious communities. Critics and supporters reach dramatically different conclusions about Bush’s faith and its effect on his presidency. Some argue that Bush’s faith is insincere, hypocritical, and a political cover for his right-wing agenda. Others counter that his faith has sustained him during crises, strengthened his resolve, increased his courage, confidence, and compassion, and shaped his policies in many positive ways.Less
Although George W. Bush is not more personally devout than Woodrow Wilson or Jimmy Carter, religious issues have played an even more important role in his presidency than for any of his predecessors. The impact of Bush’s faith is evident in his personality, rhetoric, campaigns, appointments, and policies. It has helped shape his electoral strategy, his political agenda, and his relationship with domestic constituencies and leaders of other nations. The nature of his personal faith, the many religious factors involved in his campaigns, and the influence of his religious convictions on his policies have provoked an immense amount of discussion, debate, and disagreement. More than that of any other president, his White House is filled with individuals who have strong faith commitments. Bush has been frequently accused of being a Christian zealot who wants to remake America in accordance with his own religious views, as evident in his domestic agenda, political appointments, and approach to international relations. Detractors also protest that many of Bush’s policies and his belief that he is God’s instrument violate First Amendment guarantees of church-state separation and are extremely dangerous. Bush faithfully reads the Bible and stresses the power of prayer. The support Bush received from evangelicals and conservative Catholics contributed significantly to his narrow victories in the 2000 and 2004 elections. Bush’s faith played a major role in his promotion of compassionate conservatism and faith-based initiatives. The war on terrorism and the invasion and occupation of Iraq have provoked substantial debate among America’s religious communities. Critics and supporters reach dramatically different conclusions about Bush’s faith and its effect on his presidency. Some argue that Bush’s faith is insincere, hypocritical, and a political cover for his right-wing agenda. Others counter that his faith has sustained him during crises, strengthened his resolve, increased his courage, confidence, and compassion, and shaped his policies in many positive ways.
Gary Scott Smith
- Published in print:
- 2006
- Published Online:
- January 2007
- ISBN:
- 9780195300604
- eISBN:
- 9780199785285
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780195300604.003.0012
- Subject:
- Religion, Religion and Society
This examination of the lives of eleven presidents demonstrates that their faith has been vitally important to a substantial number of the occupants of the Oval Office. Their faith helped shape their ...
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This examination of the lives of eleven presidents demonstrates that their faith has been vitally important to a substantial number of the occupants of the Oval Office. Their faith helped shape their character, political philosophy, and style of governing. It also affected their relationships with religious groups and many of their policies. The policies they pursued to achieve these ends differed substantially, however, because of the religious traditions to which they belonged; their personalities and interests; their political parties, platforms, and perspectives; and the way they interpreted the Bible and conceived their political duties. Despite their differences, all eleven presidents emphasized the nation’s religious heritage, trumpeted the value of religion, called for spiritual renewal, and underscored the relationship between religious faith and morality. From George Washington to George W. Bush, they argued that God rules the universe, that the dictates of reason and revelation reinforce one another and supply a basis for both individual morality and public policy, and that religious faith best sustains the nation’s constitutional democracy and provides the strongest safeguard and support for republican virtue and liberty. These presidents have been both lauded and lambasted for their faith. Many have praised their personal piety and the influence of their religious convictions on various actions and policies, but others have complained that some chief executives have mistakenly (and dangerously) claimed to know God’s will on vital issues or that their faith influenced them to adopt policies that have harmed the nation. This final chapter evaluates how their religious convictions, their views of the separation of church and state, civil religion, and America as a chosen nation, and their character affected the work of these eleven presidents. The tremendous responsibilities and pressures and the trials and tribulations of the presidency inspired many of these eleven chief executives to develop a stronger faith. Faith — although not always orthodox, Christian faith — had a powerful influence on the thoughts and actions of many presidents, contributing significantly to their efforts to advance justice, peace, equality, compassion, and virtue.Less
This examination of the lives of eleven presidents demonstrates that their faith has been vitally important to a substantial number of the occupants of the Oval Office. Their faith helped shape their character, political philosophy, and style of governing. It also affected their relationships with religious groups and many of their policies. The policies they pursued to achieve these ends differed substantially, however, because of the religious traditions to which they belonged; their personalities and interests; their political parties, platforms, and perspectives; and the way they interpreted the Bible and conceived their political duties. Despite their differences, all eleven presidents emphasized the nation’s religious heritage, trumpeted the value of religion, called for spiritual renewal, and underscored the relationship between religious faith and morality. From George Washington to George W. Bush, they argued that God rules the universe, that the dictates of reason and revelation reinforce one another and supply a basis for both individual morality and public policy, and that religious faith best sustains the nation’s constitutional democracy and provides the strongest safeguard and support for republican virtue and liberty. These presidents have been both lauded and lambasted for their faith. Many have praised their personal piety and the influence of their religious convictions on various actions and policies, but others have complained that some chief executives have mistakenly (and dangerously) claimed to know God’s will on vital issues or that their faith influenced them to adopt policies that have harmed the nation. This final chapter evaluates how their religious convictions, their views of the separation of church and state, civil religion, and America as a chosen nation, and their character affected the work of these eleven presidents. The tremendous responsibilities and pressures and the trials and tribulations of the presidency inspired many of these eleven chief executives to develop a stronger faith. Faith — although not always orthodox, Christian faith — had a powerful influence on the thoughts and actions of many presidents, contributing significantly to their efforts to advance justice, peace, equality, compassion, and virtue.
Sergio Fabbrini
- Published in print:
- 2007
- Published Online:
- May 2008
- ISBN:
- 9780199235612
- eISBN:
- 9780191715686
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199235612.003.0003
- Subject:
- Political Science, Comparative Politics
This chapter analyzes the institutionalization of different governmental patterns in America and the European nation-states, the former based on separation, the latter on the fusion of powers ...
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This chapter analyzes the institutionalization of different governmental patterns in America and the European nation-states, the former based on separation, the latter on the fusion of powers (institutional order). Topics discussed include the logic of separation and fusion of governmental powers, the institutionalization of the American separated system, and the institutionalization of the European fusion of power systems.Less
This chapter analyzes the institutionalization of different governmental patterns in America and the European nation-states, the former based on separation, the latter on the fusion of powers (institutional order). Topics discussed include the logic of separation and fusion of governmental powers, the institutionalization of the American separated system, and the institutionalization of the European fusion of power systems.
Cécile Laborde
- Published in print:
- 2008
- Published Online:
- January 2009
- ISBN:
- 9780199550210
- eISBN:
- 9780191720857
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199550210.003.0002
- Subject:
- Political Science, European Union, Political Theory
Chapter 2 presents the official republican view of secularism as a theory of neutrality and equal concern. Citizens are treated fairly if they live under a religiously neutral (neither religious nor ...
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Chapter 2 presents the official republican view of secularism as a theory of neutrality and equal concern. Citizens are treated fairly if they live under a religiously neutral (neither religious nor anti-religious) public sphere. Laïcité contains both an institutional doctrine of separation, which outlines what separation means for governmental institutions, and a doctrine of conscience, which prescribes norms of conduct both for religious organizations and for individual citizens. The Chapter shows that laïcité offers a distinctively republican interpretation of the requirements of liberal neutrality. State schools are seen to be part of the public sphere and pupils, as potential citizens, are required to exercise restraint in the expression of their religious beliefs. Thus Muslims are requested to respect the principle of neutrality of the public space by privatising matters relating to their faith and identity, and respecting the principle of formal equality and non-interference of the state in religious matters.Less
Chapter 2 presents the official republican view of secularism as a theory of neutrality and equal concern. Citizens are treated fairly if they live under a religiously neutral (neither religious nor anti-religious) public sphere. Laïcité contains both an institutional doctrine of separation, which outlines what separation means for governmental institutions, and a doctrine of conscience, which prescribes norms of conduct both for religious organizations and for individual citizens. The Chapter shows that laïcité offers a distinctively republican interpretation of the requirements of liberal neutrality. State schools are seen to be part of the public sphere and pupils, as potential citizens, are required to exercise restraint in the expression of their religious beliefs. Thus Muslims are requested to respect the principle of neutrality of the public space by privatising matters relating to their faith and identity, and respecting the principle of formal equality and non-interference of the state in religious matters.
