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For more than a century Western democracies have struggled to keep faith with both economic efficiency and social justice. Yet reconciliation of these factors remains as baffling as ever. Among the many voices clamoring today for a theory of collective action, we hear most often of the great chasm between "legitimacy" and "efficiency." It is the contention of the authors of this ground-breaking book that these antinomies can be seen as distinct "moments of application" in the operation of normative judgment, and that a reflexive treatment of norms of collective action, by clarifying limitations in rules and beliefs, allows us to develop mechanisms to correct the limiting effects of such judgments and act accordingly. Drawing on and developing recent trends in the social sciences, The Action of Norms presents a powerful new theory of governance with far-reaching implications for the future of law, the judiciary, and justice itself. Among the contributing modern ideas that are explained and developed as pillars of the authors' thesis are the following: critiques of the "political theory of interest groups; " the economic theory of efficiency; deliberative democracy; rational choice theory; the evolutionist debate; learning process theory; and the theory of risk.
Democracy, Law and Governance details the transformation of the modes of governance of contemporary developed democracies and aims to define the conditions required for promoting public interest in their public policy. Firstly, the volume illustrates why a sound theoretical approach to the concept of law results in opening up the theory of law to the debate on governance in the social sciences. Secondly, it reconstructs the underpinnings of recent debate on governance, focusing on the pragmatist turn that has marked efforts to overcome the inadequacies of both the economic and the deliberative approaches. In fulfilling this second goal, it examines the advances yielded by the pragmatist turn as well as its limitations, and concludes by proposing a theoretical approach for dealing with them. This illuminating book applies recent research in both theory of law and theory of governance to deepen the analytic impact of the recent pragmatist revival.
Democracy, Law and Governance details the transformation of the modes of governance of contemporary developed democracies and aims to define the conditions required for promoting public interest in their public policy. Firstly, the volume illustrates why a sound theoretical approach to the concept of law results in opening up the theory of law to the debate on governance in the social sciences. Secondly, it reconstructs the underpinnings of recent debate on governance, focusing on the pragmatist turn that has marked efforts to overcome the inadequacies of both the economic and the deliberative approaches. In fulfilling this second goal, it examines the advances yielded by the pragmatist turn as well as its limitations, and concludes by proposing a theoretical approach for dealing with them. This illuminating book applies recent research in both theory of law and theory of governance to deepen the analytic impact of the recent pragmatist revival.
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