Frederic r kellogg (100 Ergebnisse)

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Paperback. Zustand: New. The economist Kenneth Arrow proved in 1951 that a society of diverse individual preferences could only by ordered by dictatorship. His impossibility theorem is still an axiom of contemporary welfare economics and has never been seriously challenged. The American philosopher John Dewey, who died in 1952, had claimed that voting and electoral mechanisms do not define democratic self-government. His broad conception of social conflict addresses preference diversity and resolves Arrow's impossibility. Since the 1980s, political scientists have focused on decision through democratic "deliberation." Dewey saw that conversation alone is inadequate for resolution of conflicts in a democracy. Conflict is accompanied by discourse, but preferences are grounded in habits. Social habits resist adjustment in response to discourse alone, but demonstrably adjust in the process of conflict resolution, Preference conflict is distinguished from Marxist and later models, as a discovery and transformation process. It advances an original, updated theory of social conflict in a democracy relevant to today's problematic situations from discrimination to climate change and political polarization.…

Original publisher's sewn paperback, pictorial frontcover, 8vo: xiv, 224pp.,[14]pp., 17 contributions with notes & references, foreword, notes on contributors, index. Very fine copy - as new. Volume 167: VIBS. Value Inquiry Book Series.

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Paperback. Zustand: New. Oliver Wendell Holmes, Jr, is considered by many to be the most influential American jurist. The voluminous literature devoted to his writings and legal thought, however, is diverse and inconsistent. In this study, Frederic R. Kellogg follows Holmes's intellectual path from his early writings through his judicial career. He offers a fresh perspective that addresses the views of Holmes's leading critics and explains his relevance to the controversy over judicial activism and restraint. Holmes is shown to be an original legal theorist who reconceived common law as a theory of social inquiry and who applied his insights to constitutional law. From his empirical and naturalist perspective on law, with its roots in American pragmatism, emerged Holmes's distinctive judicial and constitutional restraint. Kellogg distinguishes Holmes from analytical legal positivism and contrasts him with a range of thinkers.…

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