Democracy, law and governance / by Jacques Lenoble and Marc Maesschalck.
2010
K487.P65 L46 2010 (Map It)
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Details
Author
Title
Democracy, law and governance / by Jacques Lenoble and Marc Maesschalck.
Published
Farnham, Surrey, England ; Burlington, Vt. : Ashgate, [2010]
Copyright
©2010
Call Number
K487.P65 L46 2010
ISBN
9781409403951 (hardbound)
1409403955 (hardbound)
9781409403968 (e-book)
1409403963 (e-book)
1409403955 (hardbound)
9781409403968 (e-book)
1409403963 (e-book)
Description
[vii], 268 pages ; 24 cm.
System Control No.
(OCoLC)498112216
Bibliography, etc. Note
Includes bibliographical references (pages [251]-261) and index.
Record Appears in
Gift
Purchased from the income of the Cardozo Fund
Added Author
Gift
The Arthur W. Diamond Law Library
Purchased from the income of the Cardozo Fund
Table of Contents
List of Tables
vii
Introduction
1
The First Blockage in Democratic Theory
2
The Second Blockage in Democratic Theory
8
Part I Beyond Hermeneutic And Pragmatist Approaches: Toward A Genetic Approach To The Concept Of Law
17
1.
From a Hermeneutic Critique to a Pragmatist Redefinition of the Rule of Recognition
31
The Realist Critique
32
The Hermeneutic Critique
34
Law and Social Recognition: A Pragmatist Reformulation of the Rule of Recognition
37
2.
From a Positivist to a Genetic Approach to the Conventionality of Law: A Necessary Broadening of the Pragmatist Theory of Law
45
Pragmatist Positivism's Advances and Limitations, or the Requirements of the Pragmatic Turn in Philosophy of Law
49
The Dual Consequences of the Limitations of Pragmatist Positivism
59
Part II Beyond Neo-Institutionalist And Pragmatist Approaches To Governance: Toward A Genetic Approach To Governance
87
3.
The First Neo-institutionalist Approach: The New Institutional Economics
97
4.
The Second Neo-institutionalist Approach: Towards a Relational and Collaborative Governance Through Dialogue
135
Background
135
The Theoretical Underpinnings of the Approach of Relational and Collaborative Governance through Dialogue
148
5.
Political Pragmatism and Social Attention
165
The Contribution of the Linguistic Turn to Political Pragmatism
167
The Contribution of the Pragmatist Turn to the Social Sciences
171
The Contribution to Political Pragmatism of the Theory of Learning: D. Schön's Contribution
179
From a Pragmatist to a Genetic Approach to Governance
189
6.
Towards a Genetic Approach to Governance
201
Clarifications about the Use of the Concept of Reflexivity
202
The Genetic Approach to Governance
213
A Case Study in Applying the Genetic Approach: The Transformation of Collective Modes of Action by Labour Organizations in the Context of Liberalization in the Belgian Electricity Sector
223
Conclusion
245
List of References
251
Index
263