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By Harel Arnon

ISBN-10: 1593322399

ISBN-13: 9781593322397

ISBN-10: 1593323050

ISBN-13: 9781593323059

Arnon deals a coherent felony idea to direct laws, a.k.a. projects, within the usa. His underlying argument is that the inability of a good demonstrated felony idea during this quarter is undesired. His ebook explores philosophical justifications for direct laws in addition to acceptable criminal doctrines after which deals a coherent conceptualization of direct laws. in keeping with this conceptualization, Arnon indicates an cutting edge criminal concept that has speedy purposes to statutory interpretation and judicial overview. As such, Arnon offers us cutting edge insights in a felony subject that, regardless of its political value, has been principally overlooked by means of felony lecturers. criminal students, judges and litigators may possibly locate the publication insightful and clean.

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Extra info for A Theory of Direct Legislation (Law and Society) (Law and Society)

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Where political dissatisfaction finds effective political means for self expression, where political frustration can be harnessed to political action that can effectively be taken by anyone, there is a greater potential for maintaining political faith in democracy as a whole. 43 Direct Legislation Overcomes Some of the Inherent Flaws of Ordinary Legislation - The legislative process is often performed by the few and is thus prone to several deficiencies. One or two legislators proposing a bill, a committee that holds hearings attended by only a fraction of the house members, floor voting in accordance with the party line and rushed legislation during closing sessions are all common characteristics of modern legislation.

I am not attempting here to resolve the philosophical and linguistic complexities that these points raise. I am only suggesting that if this line of criticism is accepted in the context of direct democracy, it might be proven to be overwhelming. In fact, it might undermine our most basic intuitions about democracy altogether. 28 The same is true regarding arguments charging the influence of money and media in the context of direct democracy. Regardless of the fact that the influence of these factors is not necessarily evil, it has not been conclusively proven that they play less of a factor in the context of representative legislation.

Democracy, Popular Sovereignty and Initiatives A third line of argument that attempts to justify democracy is based on an evaluation of the substantive policies adopted by democratic regimes. Accordingly, the argument here highlights the tendency of democratically produced policies to reflect the will of the people. 19 But why should taking account of the people’s interests make any difference? It seems that the idea is based on value-based concepts of moral autonomy and freedom. That is, if we perceive moral autonomy as a fundamental value, then a regime that most advances it by granting the people the freedom to rule themselves is desirable.

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A Theory of Direct Legislation (Law and Society) (Law and Society) by Harel Arnon

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