Pluralism and method at the turn of the century

Eisenberg, Avigail; Bevir, Mark

doi:10.1017/cbo9781139084451.004

Cited by 3 publications

(3 citation statements)

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“…In this respect, the work of Eisenberg as well as that of Allard‐Tremblay stand out as being among the few to do so. Indeed, Eisenberg's recent work on relational pluralism pays particular attention to the jurisdictional authority of Indigenous communities over decision making within their territories (2019). Also, Allard‐Tremblay defends a pluralist theory that is committed to securing the freedom of citizens to sustain the normative orders that are constitutive of the political entities to which they belong (2018).…”

Section: Ecosocial Diversity Vulnerability and The Limits Of Political Pluralismmentioning

confidence: 99%

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What vulnerability entails: Sustainability and the limits of political pluralism

Zúñiga

2020

Constellations

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Section: Ecosocial Diversity Vulnerability and The Limits Of Political Pluralismmentioning

confidence: 99%

“…1010Political pluralism is defined by its proponents in contrast to liberalism. Indeed, pluralism's defense of group authority is opposed to the atomistic nature of liberalism's conception of freedom of conscience (see Eisenberg, 2012, pp. 60–80; Muñiz‐Fraticelli, 2014b, pp.…”

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confidence: 99%

What vulnerability entails: Sustainability and the limits of political pluralism

Zúñiga

2020

Constellations

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“…12A very well-documented and instructive work on pluralist theories of the state in the English context is Runciman 1997. See also Nicholls 1975; Eisenberg 2012; Laborde 2000.…”

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confidence: 99%

Beyond emergency politics: Carl Schmitt’s substantive constitutionalism

Croce

Salvatore

2023

Philosophy & Social Criticism

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This article problematizes the recent comeback of the exceptionalist jargon as it is conjured by both critics and sympathizers. While in the last decades governments across the globe had recourse to emergency measures to cope with far-reaching emergencies, from terrorism to the COVID-19 pandemic, the received view has it that political power takes advantage of states of emergency as they put themselves in the position to circumvent constitutional limitations. Carl Schmitt is claimed to be the major advocate of this conception of emergency politics in that he elaborated on the concept of the state of exception as the heart of the state political power. This article contends that the received view is doubly wrong. First, soon after his espousal of exceptionalism, Schmitt realized that emergency legislation is an ineffective and costly governmental device that should be transitory and is as unstable as the crisis it is meant to overcome. Second, the received view neglects how Schmitt came to his model of ultraconservative substantive constitutionalism as he maintained that the main task of politics is to protect the normative life of a limited set of state-sponsored institutions as well as the substantive contents they produce.

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Law, Virtue, and Public Health Powers

2021

Public Health Ethics

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This article contributes to philosophical reflections on public health law by drawing on virtue jurisprudence, which rests on the straightforward observation that a political community and its laws will inevitably shape the character of its officials and subjects, and that an excellent character is indispensable to fulfilment. Thus, the law is properly set to encourage virtue and discourage vice. This opens a new perspective onto the ultimate purpose of public health law that is human flourishing. The means of pursuing this end is to entrust public health powers to officials to virtuously serve the common good, of which population health is one of its most important constituents, within the bounds of the law of the land. This article calls for the adoption of a Prudent Public Health Official standard into the law, in order to cultivate prudent, just, courageous and temperate characters in officialdom. Interestingly, this standard already chimes with certain pre-existing core principles of public health judicial doctrine in the USA, the European Union and the UK.

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Pluralism and method at the turn of the century

Cited by 3 publications

References 10 publications

What vulnerability entails: Sustainability and the limits of political pluralism

What vulnerability entails: Sustainability and the limits of political pluralism

Beyond emergency politics: Carl Schmitt’s substantive constitutionalism

Law, Virtue, and Public Health Powers

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