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This article discusses the normative implications of the European integration process by addressing the question of the legitimacy deficit in the EU and its member states. It starts from an analysis of legitimacy as implying a distinction between `polity' and `regime', each of which has an `internal' and an `external' dimension relating respectively to the subjective perceptions of citizens and to more objective- and universalist-oriented criteria. Standard accounts of the integration process and the constitutionalisation of the EU have overlooked the (...) complex ways in which polity- and regime-building interact. They have also emphasized the external legitimacy of the EU while neglecting the internal dimension. Both descriptively and prescriptively, the EU lies in between the interpretations offered by neofunctionalist or intergovernmental realists and federal idealists. The `internal' norms channelled through the EU's `regime' have helped form the economic interests appealed to by the former, but in rather different ways to that assumed by the latter. The result has been a polycentric `polity' with a multi-level `regime'. Consequently, we reject having either an EU written constitution that goes beyond the treaties or a federal legislature, advocating instead the `republican' model of a `mixed commonwealth'. (shrink)

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For at least two centuries, democratic representation has been at the center of debate. Should elected representatives express the views of the majority, or do they have the discretion to interpret their constituents' interests? How can representatives balance the desires of their parties and their electors? What should be done to strengthen the representation of groups that have been excluded from the political system? Representative democracy itself remains frequently contested, regarded as incapable of reflecting the will of the masses, or (...) inadequate for today's global governance. Recently, however, this view of democratic representation has been under attack for its failure to capture the performative and constructive elements of the process of representation, and a new literature more attentive to these aspects of the relationship between representatives and the represented has arisen. In Creating Political Presence, a diverse and international group of scholars explores the implications of such a turn. Two broad, overlapping perspectives emerge. In the first section, the contributions investigate how political representation relates to empowerment, either facilitating or interfering with the capacity of citizens to develop autonomous judgment in collective decision making. Contributions in the second section look at representation from the perspective of inclusion, focusing on how representative relationships and claims articulate the demands of those who are excluded or have no voice. The final section examines political representation from a more systemic perspective, exploring its broader environmental conditions and the way it acquires democratic legitimacy. (shrink)

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This book brings together a group of international scholars, many of whom have already contributed to the debate on toleration, and who are offering fresh thoughts and approaches to it. The essays of this collection are written from a variety of perspectives: historical, analytical, normative, and legal. Yet, all authors share a concern with the sharpening of our understanding of the reasons for toleration as well as with making them relevant to the way in which we live with others in (...) our modern and diverse societies. (shrink)

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[Between Cosmopolis and Community: Three Models of Rights and Democracy within the European Union; .].

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Available from UMI in association with The British Library. ;This study of David Hume suggests that the unity of his thought is to be found more in an attitude of mind than in a precise body of epistemological statements. His 'mitigated scepticism' was the original combination of an experimental approach with a searching mind and a rather disenchanted attitude towards the attainment of perfection in knowledge and in the practical world. But my thesis addresses these questions only implicitly. The general (...) picture of the Humean approach to things political and philosophical is depicted against the background of a close examination of two other themes: Hume's development towards a more 'popular' philosophy and the philosophical import of his moral and political theory. The first subject is studied through an analysis of the formal qualities of Hume's philosophical writings; the second, through a discussion of Hume's position on the origin of justice and government and one's obligation to them. The conclusion that my thesis tentatively advances is that both in metaphysics and politics Hume's approach is based upon the attainment of a state of equilibrium between theoretical and practical considerations, and between sceptical and naturalistic tendencies. Hume's desire for balance can only be understood within the intellectual context of eighteenth century thought. This is the reason for the considerable attention that the thesis devotes to the reconstruction of the historical setting within which Hume's thought developed. However, when correctly interpreted, Hume's ideas clearly have a contribution to make to an understanding of a world which is very different from his own. (shrink)

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Thirty years ago, Duncan Forbes published a short review, which, amongst other things, challenged the view that towards the end of his life David Hume turned Tory. Forbes's subsequent study of Hume's politics showed that, when strictly applied, ‘Tory’ and ‘Whig’ failed to capture the philosophical import of Hume's writings about politics and even of his semi-detached involvement with the politics of his time. If one took Hume at his own word, “sceptical whiggism”—a kind of moderate and scientific-minded appreciation of (...) the relative superiority of modern commercial polities, and, in Britain, of the Hanoverian régime—was a more appropriate description of what Hume's political writings were about. It also avoided the invidious problem of whether Hume should be regarded as a liberal or a conservative. (shrink)

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Hume's position in the history of philosophical scepticism can hardly be questioned. But the nature of his own philosophical scepticism is a matter of contention in both the historical and philosophical literatures. In this essay, I argue that a philosophical reconstruction of Hume's scepticism needs to pay attention to the way in which Hume and his contemporaries understood the place of sceptical thinking in the history of modern philosophy. When looked at in this context, Hume's philosophy of knowledge and the (...) understanding is self-evidently sceptical. It is so, because it develops both a critical and a positive view of what a sceptical attitude implies. From a critical perspective, Hume aims to show that human reason is incapable of being its own foundation. From a more positive perspective, Hume sketches a phenomenology of the understanding by developing a probabilistic and self-referential view of philosophical knowledge, one which is not different from common knowledge and which relies on the workings of human nature and the imagination to make sense of the world and of our actions. (shrink)

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This symposium presents the work of the Italian legal philosopher, Ferrajoli, to the English speaking public. Ferrajoli’s work offers a reflection on law and the constitutional democratic state from a post-positivist perspective, applying the axiomatic method to the theory of law and democracy. Besides his systematic approach, Ferrajoli’s theory is remarkable for a number of original and interesting reflections that he offers on the relationship between normativity and facticity, and on how to reconcile foundamental rights and democracy. In both respects, (...) his work has similarities in scope, if not in approach and not always in substance, with that of Habermas. (shrink)

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Although tolerance is widely regarded as a virtue of both individuals and groups that modern democratic and multiculturalist societies cannot do without, there is still much disagreement among political thinkers as to what tolerance demands, or what can be done to create and sustain a culture of tolerance. The philosophical literature on toleration contains three main strands. (1) An agreement that a tolerant society is more than a modus vivendi; (2) discussion of the proper object(s) of toleration; (3) debate about (...) whether there is a ‘paradox’ of toleration and, if so, how it might be solved. This Introduction outlines how each of the subsequent papers addresses problems in the theory and practice of toleration, in the light of these three strands in the existing literature. (shrink)

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Chiara Cordelli’s The Privatized State1 offers an original perspective on an important, and indeed extremely topical issue, particularly in view of the way in which the role of the state and of its...

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In this 2001 volume a distinguished international team of contributors characterises the nature of, and developments in, the history of political thought in their respective countries. The essays scrutinise not only the different academic histories and methodological traditions on which the study of the history of political thought has drawn, but also its relationship to cultural and political debates within nations. This collection represents a major contribution to the history of ideas, in which political thought has always been central, whilst (...) reflecting the disciplinary tensions - and national differences - of what remains a 'borderline' subject, located at the intersection of history, politics and philosophy. The different national characteristics taken on by political discourse, and the complex relationship these characteristics have to the aspirations of the discipline itself, are considered in these wide-ranging essays, which cover the history of political thought in the UK, the USA, France, Germany, Italy, Central and Eastern Europe. (shrink)

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This chapter examines the philosophical problem of the ‘origin of civil government’ in eighteenth-century Britain. It suggests that the problem was concerned not with one, but several questions: political obligation and legitimacy, liberty and authority, civil and regular government. It identifies three main contexts in which this idea played an important role: The post-1688 Settlement and its justification; the natural jurisprudence tradition and the question of consent; and the Scottish debate on the ‘natural history’ of regular and civilized government. Central (...) to each of these debates was the relationship between consent and subordination as balancing mechanisms that enabled political society to emerge and political order to be maintained. By the last third of the century, the terms of the political discourse started changing, and the problem of the ‘origin of civil government’ was supplanted by other languages in which to formulate the problems of political obligation, legitimacy, and order. (shrink)

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The debate on the nature of the European Union has become a test case of the kind of political and institutional arrangements appropriate in an age of globalization. This paper explores three views of the EU. The two main positions that have hitherto confronted each other appeal to either cosmopolitan or communitarian values. Advocates of the former argue for some form of federal structure in Europe and are convinced that the sovereignty of the nation state belongs to the past. Proponents (...) of the latter make a case on both socio-political and normative grounds for a Europe of nations. However a third position, favoured by the authors, is gaining ground. This view combines cosmopolitan and communitarian conceptions. It emphasises the mixed nature of the European polity and conceives the constitutionalization process as open-ended. The paper concludes that from this perspective a bricoleur's Europe of ‘bits and pieces’may not necessarily lack justification and legitimacy. (shrink)

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