A Theory of Direct Legislation (Law and Society) (Law and by Harel Arnon

By Harel Arnon

Arnon bargains a coherent felony thought to direct laws, a.k.a. projects, within the usa. His underlying argument is that the inability of a good confirmed criminal thought during this quarter is undesired. His e-book explores philosophical justifications for direct laws in addition to appropriate criminal doctrines after which bargains a coherent conceptualization of direct laws. according to this conceptualization, Arnon indicates an cutting edge criminal idea that has rapid functions to statutory interpretation and judicial overview. As such, Arnon supplies us cutting edge insights in a felony subject that, regardless of its political importance, has been principally neglected by means of felony lecturers. criminal students, judges and litigators may well locate the e-book insightful and fresh.

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CONTENT-ORIENTED ARGUMENTS IN FAVOR OF INITIATIVES Many of the critics of the initiative process claim that, at the end, initiatives make bad law. That is, content wise, initiatives are unreasonable statutes. The main defense of supporters of direct 32 A Theory of Direct Legislation legislation is that the negative ramifications of initiatives are generally exaggerated and these are problematic to ordinary legislation as well. The fact is that, ultimately, most initiatives proposed at the ballot are not enacted.

It is important to keep this distinction in mind because, as I will argue when I develop my own theory, I believe that only process-oriented arguments should be considered in making the case for or against direct legislation. I shall start with arguments favoring initiatives first. 2. PROCESS-ORIENTED ARGUMENTS IN FAVOR OF INITIATIVES Process-oriented arguments in favor of initiatives highlight the inherent advantages of the initiative process rather than its product. Accordingly, they are less concerned with the subject matter of different initiatives, but instead the value inherent in procedural features of direct legislation, as such.

7 Process-oriented arguments focus on some inherent features of the democratic process and attempt to justify democracy by reference to these features. Result-oriented arguments focus on the resolutions or outcomes that a democratic government produces. These arguments, even when they acknowledge advantages of some procedural features of democracy, underscore the value of the policies that a democratic process is more likely to yield. Accordingly, in democracy, it is substance and end results that matter, not the process itself.

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