Making Democratic Theory Democratic

Democracy, Law, and Administration after Weber and Kelsen

Stephen Turner, George Mazur

• Publisher: Routledge
• Year: 2023
• ISBN:
  9781000847789
• Edition: 1
• Topic: Ciencias sociales
• Subtopic: Teoría social

This book addressees a timely and fundamental problematic: the gap between the aims that people attempt to realize democratically and the law and administrative practices that actually result.

The chapters explain the realities that administration poses for democratic theory. Topics include the political value of accountability, the antinomic character of political values, the relation between ultimate ends and the intermediate ends that are sought by constitutions, and a reconsideration of the meaning of the rule of law itself. The essays are inspired by the demystifying realism of Max Weber and Hans Kelsen, including explications of their views on law, constitutions, and the rule of law.

The book will be of interest to social and political theorists, philosophers of law, and legal theorists, and for discussions of democratic theory, the administrative state, constitutionalism, and justice, as well as to readers of Weber and Kelsen.

Table of contents

• Cover
• Endorsements
• Half Title
• Title
• Copyright
• Contents
• Theoretical Preface: Democratic Theory, Law, and Administration, in a World of Divergent Values
• Introduction: Nine Chapters on Democracy, Law, and Administration
• 1 Democracy, Liberalism, and Discretion: The Political Puzzle of the Administrative State
• 2 Improving on Democracy
• 3 What Are Democratic Values? A Twenty-First-Century Kelsenian Approach
• 4 The Ideology of Anti-Populism and the Administrative State
• PART I Free Speech, Pluralism, and Toleration
• PART II Fundamental Political Theory
• Acknowledgments
• Index