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.
Author(s): Ludvig Beckman
Publisher: Routledge
Year: 2023
Language: English
Pages: 166
City: London
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
