Download e-book for kindle: Democracy and the Rule of Law by José María Maravall, Adam Przeworski

By José María Maravall, Adam Przeworski

ISBN-10: 051106246X

ISBN-13: 9780511062469

ISBN-10: 0521825598

ISBN-13: 9780521825597

A global team of experts from the fields of legislations, politics, economics, and philosophy tackle the query of why governments act or don't act in line with legislation. The authors interpret the rule of thumb of legislations as a strategic number of actors with robust pursuits, instead of as an exogenous constraint on politicians. the guideline of legislation emerges whilst no staff is robust adequate to dominate the others, and political actors search to solve their conflicts by way of recourse to legislations. legislations is therefore deeply rooted in politics.

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32 CY207-02 0521825598 May 7, 2003 8:34 Char Count= 0 Lineages of the Rule of Law security. That is the crux of Machiavelli’s analysis. The security of acquisitions and transactions, when combined with political citizenship, contributes enormously to a republic’s military strength: [A]ll towns and all countries that are in all respects free, profit by this [freedom] enormously. For, wherever increasing populations are found, it is due to the freedom with which marriage is contracted and to its being more desired by men.

This utopian condition, or regulative ideal, is never fully realized in practice. Unlike ideal democracy, partial and reversible democratization exists and can be studied. It implies a widening of the circle of consultation, an enlarging of the number of participants who wield influence over the making, interpreting, and applying of laws. When government by freewheeling debate first arises, it is naturally a practice reserved to a few privileged insiders. Subsequently and gradually it becomes more inclusive.

An example of political leverage – meaning a capacity to extract beneficial concessions – without any capacity for coordinated action is contagious disease. Although the lucky few generally have the best doctors that money can buy, they cannot protect themselves effectively from contagious diseases that incubate in poor neighborhoods. As a result, they may willingly invest in public health programs aimed at reducing the incidence of those contagious diseases against which they cannot selectively inoculate themselves.

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Democracy and the Rule of Law by José María Maravall, Adam Przeworski

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