The Boundaries of Democracy: A Theory of Inclusion

Description

This book provides a general theory of democratic inclusion for the present world. It presents an original contribution to our understanding of the democratic ideal by explaining how democratic inclusion can apply to individuals in a variety of contexts: the workplace, social clubs, religious institutions, the family, and, of course, the state. The book explores the problem of democratic inclusion, what it means to be subject to de facto authority, how this conception translates into legal systems, and the relationship between territorial claims by the state, and law's claim to legitimate authority. Cover Half Title Title Page Copyright Page Table of Contents Acknowledgements Chapter 1: The Unresolved Problem of Democratic Inclusion Including the Subjects Including Members What Is a Principle of Democratic Inclusion? A Brief Outline of The Book Notes Chapter 2: Democratic Inclusion in Associations Morally Binding Decisions The Moralized All-subjected Principle Decisions That Claim to Be Binding Decisions and Authority Subject To De Facto Authority The Idea of De Facto Authority The Subjects of De Facto Authority Rulemaking and De Facto Authority The Idea of Democratic Association Revisited Democracy in Non-Member Associations Notes Chapter 3: Democratic Inclusion and the State The State and The Law How The Law Binds The Brute Force Account The Moral Account The Authority Account Notes Chapter 4: Subject to Legal Authority Authority and Validity Two Failed Attempts The People and The Internal Point of View Challenges to De Facto Legal Authority Are The Laws of The State Binding? Approval and Acceptance of Authority The Extent of Legal De Facto Authority Notes Chapter 5: The Scope of Legal Authority The State-Based Argument The Substantive Account The Coercion Account The Legal Determination Account Notes Chapter 6: Authority and Extraterritorial Jurisdiction Jurisdiction and Authority The Limits of Territorial Authority Extraterritorial Jurisdiction Does Universal Law Claim Universal Authority? The Effects Doctrine Taxing People Abroad Notes Chapter 7: Authority and State Borders Borders and Border Regimes Territorial Borders and Nationalism The Demos in Border Decisions Notes Chapter 8: Does It Matter That State Borders Are Arbitrary? Contingent Borders Contingent Peoples Moral Arbitrariness Historical Injustice Global Injustice Notes Chapter 9: End Discussion: The Limits of Democratic Inclusion Social Norms Epistemic Authority Private Decisions Failures of De Facto Authority Notes References Index