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Richard Bass - Leadership in Congregations

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Richard Bass (ed.)

Leadership in Congregations

2006

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When Consensus Fails S. 71-76

„… , over and over again.I wasted a good bit of leadership energy on developing consensus.I sometimes let …” „… When Consensus Fails 71When Consensus FailsDONNA SCHAPERIn seminary I learned always to work for …” „… consensus. Like-wise, I learned never to take a vote. There is nothing wrong with votingwhen a discussion …”

Leadership in a Non-Staff-Dependent Congregation S. 81-88

„… responsibility as moderator of the session. Ibelieved it was my job to see that the elders arrived at consensus …” „… consensus. I felt responsible for pro-tecting the leadership of the church from conflict!The members of the …”

The Myth of Competence S. 147-154

„… consensus building. Others ultimately tendtoward reclusiveness and timidity, as well as overfunctioning …”

When Women Lead the Flock S. 89-96

„… authority.At a recent gathering of seasoned pastors, there was consensus thatpastoral authority is both granted …”

Preface S. i-xvi

„… Reflection: A Rhythm of MinistryArt Gafke amd Bruce McSpadden71 When Consensus FailsDonna Schaper77 Learning …”

doi.org/10.5771/9781566995689

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Enrico Zoffoli

Beyond Consensus

Series: Studies in Political Theory

Volume 4 2013

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a Consensus and convergence S. 20-24

„… 20 II. Questioning the dominant view of public reason II.a Consensus and convergence Thus far, I …” „… , deliberation aims at “rationally motivated consensus” (Einverständnis), whereby participants agree on the basis …” „… , which he groups under the headings of “consensus” and “convergence”: If both A and B share a reason …”

Strong and weak consensus S. 49-53

„… consensus/convergence dichotomy. To make sense of this dichotomy we need a clear definition of private and public …” „… are good reasons.82 On my definition, then, consensus and convergence are in every respect identical …” „… but they give two different interpretations of the “good reasons” clause. Clause (C) of the Consensus …”

A challenge for consensus S. 90-91

„… consensus 1.6.1 A challenge for consensus Thus far, I have not tried to establish a conclusive case for …” „… convergence, but only a presumption in its favor, which can of course be rebutted. Suppose consensus theorists …” „… pretty much the same reason, freestanding reasons are by definition shareable; hence, consensus models …”

Appropriateness-based arguments for consensus S. 93-95

„… 93 1.6.3 Appropriateness-based arguments for consensus Appropriateness-based arguments for …” „… consensus claim that while private reasons may well have undefeated epistemic weight, they are inappropriate …” „… appropriate to use it as a ground for conviction. Now appropriateness-based consensus models would require of …”

Strength-based arguments for consensus S. 91-93

„… shifts the justificatory burden onto consensus theorists. For this reason, this book is devoted to …” „… analyzing arguments for consensus, rather than further arguments for convergence. Consensus theorists cannot …” „… convergence over consensus. It is important to distinguish two very different ways in which private reasons …”

Rawls on the overlapping consensus S. 61-63

„… 61 1.4.2 Rawls on the overlapping consensus In Rawls’s view, we honor public reason when we judge …” „… consensus, from premises we and others publicly recognize as true”.116 In this passage, Rawls’s appeal to …” „… ”, it must also be able to gain “the support of an overlapping consensus, that is, a consensus in which …”

Four strength-based arguments for consensus S. 103-106

„… for consensus” (4) interprets objectivity in terms of intersubjective agreement, placing primary …” „… consensus (1) The top-down argument for consensus rests on the implicit assumption that ? should be …” „… to moderate) strength-based argument for consensus, in that it dismisses the idea of “private reasons …”

A more moderate defense of consensus? S. 146-149

„… 146 2.7.2 A more moderate defense of consensus? Let us draw some more general conclusions from …” „… defects”.273 Of course, both consensus and convergence conceptions can be populist. A populist consensus …” „… . Although I have been critical of Habermas’s radical argument for consensus, discourse theory points to a …”

Rejecting some major arguments for consensus S. 144-146

„… argument for consensus (II), which holds that when it comes to public justification, non-freestanding …” „… reasons are necessarily defeated. Bear in mind that the discourse-theoretical argument for consensus I …” „… of discourse theoretical argument for consensus must defend an “objectivist” post-metaphysical …”

Limits of appropriateness-based arguments for consensus S. 95-96

„… 95 1.6.4 Limits of appropriateness-based arguments for consensus Remember the problem. Consensus …” „… strength-based arguments for consensus, if sound, would clearly rebut the presumption in favor of convergence. If …” „… chapter, however, strength-based arguments for consensus should be resisted. In any event, as we will see …”

Rejecting the top-down argument for consensus S. 120-122

„… current belief system. 2.4.3 Rejecting the top-down argument for consensus Of course, these highly …” „… ”, and only ephemerally “shareable” or “objective”. This explains why the top-down argument for consensus …” „… fails. Recall that the original version of the metaphysical argument for consensus is 216 G. Gaus 2011b …”

Why the sincerity requirement does not justify consensus S. 173-176

„… not justify consensus Should we conclude that we have reason to reject converge models of public …” „… why consensus theorists are skeptical about convergence conceptions is that under convergence citizens …” „… consensus (§2.8.3). Specifically, case 3) is akin to case d), in which a private (ethical) reason against …”

b Overview of the argument S. 24-28

„… definition essentially public and sharable. Finally, some critics think that consensus fares much better than …” „… to the consensus model is ultimately unwarranted. In fact, we will see that convergence is not only …” „… an enticing conception of public reason, but also truer than consensus to the ideal of public reason …”

Conclusion S. 233-240

„… ). Then I defined consensus and convergence as two conflicting interpretations of the general Concept of …” „… Public Reason (§1.3.1). The dominant consensus view insists that only public or shareable reasons are …” „… good reasons – though I stressed that consensus theorists need not endorse strong consensus, according …”

The role of religious reasons S. 56-61

„… among religious and secular doctrines.103 A consensus-seeking conception of public justification is 96 …” „… facie more plausible than the standard consensus view, for two reasons. First (§1.4), convergence takes …” „… account of the full range of citizens’ reasons, while consensus expunges from public reasoning a number of …”

Summary S. 158-160

„… 158 2.9 Summary I started by highlighting the twofold problem faced by the Consensus View of …” „… Conclusiveness Thesis (CT) be made consistent with consensus models which exclude a priori some potentially …” „… another, the top-down argument for consensus, the argument from universalization, the discourse …”

Deepening the problem S. 63-66

„… for consensus-friendly Rawlsians: what, if anything, can explain Rawls’s insistence on the second …” „… within the boundaries set by a publicly shareable political conception. For Rawls, both consensus and …” „… “veto-right” that Rawls’s overlapping consensus seems to confer upon comprehensive doctrines, pro tanto …”

Titelei/Inhaltsverzeichnis S. 2-10

„… 09:03Enrico ZoffoliNomosPublic Reason and the Role of ConvergenceBeyond ConsensusBUT_Zoffoli_0506-1.indd …” „… dominant view of public reason 20 II.a Consensus and convergence 20 II.b Overview of the argument …” „… Derivative Justification Thesis 44"1.2.5 The principle of public justification 46"1.3. Consensus and …”

Private and public reasons S. 53-54

„… ”, we can come back to the consensus/convergence dichotomy. To make sense of this dichotomy we need a …” „… 53 R2. They can only appeal to those reasons on the standard consensus view. If they do, they will …” „… conclude that P is publicly justified. The Consensus View of Public Reason, then, is consistent with weak …”

A further problem S. 226-231

„… . Once the Freestandingness Thesis is rejected, the consensus view turns out to be paradoxical and …” „… strong and, I take it, conclusive case against the Consensus View of Public Reason. 3.8.2 A further …” „… problem Let me close with a last critical remark about the Consensus View of Public Reason. Consider a …”

Overview of the argument S. 99-100

„… 99 2. Strength-based arguments for consensus 2.1. Overview of the argument Consensus models are …” „… objection consensus theorists must show that private reasons are “bad” reasons, which, as such, cannot …” „… defeat freestanding reasons. In this chapter I propose to critically review the arguments for consensus …”

The basic (radical) argument S. 122-125

„… , the top-down argument for consensus must in some way jump to an epistemic conclusion such as (T2). We …” „… saw that the top-down argument for consensus could do this only if either (II*) or (II**) were added …” „… The basic (radical) argument Let us now turn to Habermas’s defense of consensus. Habermas would also …”

Public reasons as objective reasons S. 100-103

„… previous chapter (§1.6.1) I anticipated that strength-based arguments for consensus can be either radical …” „… , strength-based arguments for consensus defend a very strong thesis. Why should we think that private reasons are …” „… consensus (especially radical ones, as we will see) are substantially in tune with this line of reasoning …”

Summary S. 96-98

„… (§1.2.5). The consensus/convergence distinction came into play at this point (§1.3.1). The dominant …” „… appropriateness-based arguments for consensus press convergence on very this point. They claim that under convergence …” „… should favor consensus over convergence, regardless of whether or not private reasons might defeat …”

A twofold presumption in favor of convergence S. 88-90

„… overlapping consensus of private doctrines. But because it disallows all appeals to private reasons for …” „… , which now appears to be twofold. On the one hand, consensus models are problematic because they exclude …” „… potentially decisive private defeaters. As a result, the Consensus View of Public Reason may not always live …”

The Political View of Shareability S. 184-186

„… consensus, as those who affirm theories that fall into groups B) and C) may reasonably regard some of the …” „… reasons comprised by U as nonpublic. To these citizens, then, consensus models are self-defeating for the …” „… , they are committed to rejecting consensus models of public reason. 3.3.4 The Political View of …”

Overview of the argument S. 161-162

„… 161 3. Appropriateness-based arguments for consensus 3.1. Overview of the argument Defenders of …” „… the Consensus View of Public Reason insist that we should “[limit] arguments to shared reasons in …” „… for a common basis?”287 Consensus theorists answer: because private reasons are bad reasons. We saw …”

Summary S. 231-232

„… chapter 1 I made a distinction between two broad families of arguments for consensus: strength-based …” „… four major strength-based arguments for consensus: the “top-down” argument, the argument “from …” „… this kind are inherently flawed, only appropriateness-based based arguments for consensus can rebut the …”

The scope of private defeaters S. 156-158

„… discourse-theoretical argument for consensus fail for the same reason: they presuppose a truth-redeeming …” „… strength-based arguments for consensus would instead imply. 2.8.4 The scope of private defeaters Before …” „… and §3.7.6). 158 2.9 Summary I started by highlighting the twofold problem faced by the Consensus …”

The concept of public justification and its conceptions S. 48-49

„… public reason can give substance. 1.3. Consensus and convergence 1.3.1 The concept of public …” „… Reason, we can define consensus and convergence models of public reason as two competing conceptions of …” „… it: Consensus View of Public Reason (hereafter: “consensus”): (A) Liberty should be the norm …”

Three levels of publicness S. 54-56

„… we accept the Justificatory View of Shareability, then we can safely assume that the Consensus View …” „… consensus, but essentially the Consensus View of Public Reason systematizes the fundamental assumption which …” „… the fundamental commitment to publicly justify coercion to all and the Consensus View of Public Reason …”

Overview of the argument S. 33-34

„… book is the idea (and, of course, ideal) of public reason,52 of which consensus and convergence are …” „… two competing interpretations or conceptions. While consensus models hold that justificatory reasons …” „… coercive laws. As I stressed in the introduction, most theorists of public reason endorse consensus …”

The Freestandingness Thesis S. 74-76

„… consensus of reasonable comprehensive doctrines” seems meant to address this fundamental problem: while …” „… that the “overlapping consensus” should play no role in justifying principle of social cooperation …” „… Vallier indicates, shareable reasons may be defeated by private reasons. Consensus models, however, fail …”

Against public reason’s Shareability Requirement S. 225-226

„… appropriateness-based arguments for consensus are far from persuasive. The second conclusion is that the Convergence …” „… the Shareability Requirement endorsed by consensus models excludes potentially decisive (private …” „… ) defeaters, freestanding reasoning may not cater to conclusively justified results. Second, consensus models …”

The argument from reasonable compliance S. 198-202

„… interesting argument for consensus, which fundamentally holds that convergence would encourage citizens to be …” „… means reasoning in freestanding terms, so the link between the Consensus View of Public Reason and …” „… justification … [T]he aim of consensus tends to be frustrated by the very reasonable pluralism upon which …”

The basic argument S. 106-110

„… consensus can be interpreted both in a radical and in a moderate fashion, and it is in fact unclear which …” „… (§2.2.1). Those two patterns stress that radical and moderate strength-based arguments for consensus share …” „… freestanding reasons are objective reasons, strength-based arguments for consensus fail because the second …”

The value of full publicity S. 186-190

„… generating “shared rationales”, but the consensus/convergence distinction does not apply to the “public …” „… prevents citizens from appealing to private reasons, then we ought to endorse consensus, as SPP implies …” „… would rank consensus over convergence. Thus, consensus theorists cannot content themselves with the …”

A first presumption in favor of convergence S. 73-74

„… , we can better understand where the (first) problem with consensus models lies. I started by …” „… importance (§1.4.1). On one reading, Rawls’s doctrine of an “overlapping consensus of reasonable …” „… typically maintain that this reading of Rawls is mistaken; they insist that the “overlapping consensus …”

Some important remarks S. 125-127

„… Habermas’s attempt to redeem the metaphysical idea of truth through discursive consensus with his earlier …” „… consensus theory of truth, from which he later retreated. On a consensus theory of truth, “the …” „… universal-pragmatic meaning of truth … is determined by the demand of reaching a rational consensus”.226 In other …”

The Symmetrical Convergence View of Public Reason S. 223-225

„… to ~L. Thus, apparently, neither consensus nor convergence deals with cases of narrow symmetry in an …” „… ) options on the table should qualify as legitimate. It seems that we have ended up in a dead end. Consensus …” „… appropriateness-based arguments for consensus are far from persuasive. The second conclusion is that the Convergence …”

The argument from sincerity S. 162-166

„… 162 strong presumption against the Shareability Requirement. To rebut it, defenders of consensus …” „… shall argue that none of the appropriateness-based arguments for consensus that have appeared in the …” „… critically reviews another appropriateness-based argument for consensus, which builds upon a line of …”

The role of moral epistemology S. 176-179

„… ” belief that Andy’s coercive demand is not justified to her. Therefore, although consensus honors the …” „… favor negative convergence over consensus. In any event, defenders of PJS are committed to the view that …” „… negative convergence is, at the very least, as compatible with PJS as consensus. Therefore, even if we …”

Discourse theory and epistemic pluralism S. 143-144

„… theoretical argument for consensus (II), which holds that when it comes to public justification …” „… consensus I have been considering so far is radical. It purports to show that private reasons are as such …” „… , advocates of discourse theoretical argument for consensus must defend an “objectivist” post-metaphysical …”

Full publicity as a justificatory device S. 191-194

„… superset of public reasons – just like convergence is a superset of consensus. Convergence does not rule …” „… appropriateness-based argument from consensus: regardless of the epistemic status of private reasons, reliance on them …” „… , appropriatenessbased arguments for consensus are acceptable only if they are very powerful, as they are supposed to …”

Why the argument from symmetry is misguided S. 212-215

„… consensus, though of course many proposals (especially, again, interpretations of general laws and …” „… interpretations of it.388 To be sure, convergence would be obviously more prone than consensus to defeat many …” „… consensus, we need to assume that in some cases private reasons might defeat freestanding rationales. We can …”

The argument from normative stability S. 194-198

„… call this the “argument from normative stability”: consensus is preferable to convergence because an …” „… consensus view, which is guilty of leaving little if any room for religious beliefs, he also argues that …” „… . This point is not irrelevant. Critics of the overlapping consensus such as Barry and Quong have …”

The (alleged) priority of freestanding reasons S. 149-151

„… discourse-theoretical argument for consensus and the argument from universalization can be reinterpreted in this weaker …” „… freestanding reasons So far I have assumed that the discourse-theoretical argument for consensus is a radical …” „… present itself as a moderate strength-based argument for consensus. As defenders of the social argument …”

The asymmetry between rightness claims and truth claims S. 137-140

„… sense to say that P is rationally justified on the basis of an “overlapping consensus” of scientific …” „… consensus of scientific theories. If valid claims are truth-analogous, and if we endorse the naïve view of …” „… is based on an overlapping consensus of non-public reasons? Hasn’t public reason already served its …”

Ethical discourses and open justification S. 129-133

„… rationally motivated consensus”.235 Indeed, we learn from daily experience that the more we talk about …” „… , Habermas has always been strongly skeptical about the feasibility of a rationally motivated consensus.237 …” „… consensus as a counterfactual regulative standard, which only serves the role of reconciling our implicit …”

Weak Shareability Requirement? S. 85-88

„… requires is that R be an undefeated justificatory reason. But if FT is replaced with UPRT, then consensus …” „… requirement, though this is weaker that the one affirmed by the Consensus View of Pub-87 lic Reason. In fact …” „… , the standard Shareability Requirement of consensus models applies both to reasons for accepting …”

c Content and method S. 28-32

„… “overlapping consensus” of private reasons. Following Gaus, I assume that shared reasoning is an important …” „… identical notions, as consensus models based on the Freestandingness Thesis imply. 29 libertarians will be …” „… . The pressing problem, for political liberals, is to obtain a good deal of consensus on political …”

Back to post-metaphysical rationality S. 154-156

„… freestanding moral grounds. This means that the moderate discoursetheoretical argument for consensus presses …” „… argument for consensus is strength-based, and not appropriatenessbased. It does not merely aim to explain …” „… convergence on epistemic grounds, the (moderate) discourse-theoretical argument for consensus must uncover an …”

The narrow symmetry objection S. 221-223

„… narrow symmetry objection is an objection against convergence, it does not justify the Consensus View of …” „… openly justified in believing that FR is defeated by R*, a private defeater of his. Now consensus models …” „… ?” On the consensus view, Bea could legitimately insist on supporting L despite Andy’s objection, which …”

Freestanding rationales and general interests S. 207-210

„… rationale, L is publicly justified on a consensus view, since by stipulation all freestanding reasons …” „… freestanding defeaters, which is precisely what consensus models claim. 381 I talk about “general” interests …” „… , this is exactly what consensus theorists claim: private reasons should not be allowed to defeat “pro …”

The principle of public justification S. 46-48

„… give substance. 1.3. Consensus and convergence 1.3.1 The concept of public justification and its …” „… account, would endorse L. Having clarified the Concept of Public Reason, we can define consensus and …” „… convergence models of public reason as two competing conceptions of it: Consensus View of Public Reason …”

The Strong Burden Thesis and the Weak Burden Thesis S. 205-207

„… presumption than consensus models. Let me clarify this point. 3.6.2 The Strong Burden Thesis and the Weak …” „… them. Now the important point is that consensus is compatible with the Strong Burden Thesis, while …” „… she can reasonably accept. By contrast, on a consensus view Andy could not do that. It thus follows …”

Why the argument from symmetry seems appealing S. 210-212

„… R. Consensus requires soaring into a more “detached” common perspective, from which the strength of …” „… unappealing. Appropriateness-based consensus models insist that we should ignore the potential objections of …” „… problem vexing appropriateness-based consensus models. However, I also granted that this problem could be …”

Procedures of abstraction S. 76-79

„… preliminary remarks about ? are in order. Although both consensus and convergence theorists typically affirm …” „… principles need to gain an “overlapping consensus” of private doctrines. Now Rawls, Gaus, and Habermas …” „… second stage searches for an “overlapping consensus” supporting a pro tanto justified political …”

What defeats what? S. 151-154

„… others, a priority which both consensus and convergence theorists would probably accept. For pretty much …” „… dismiss the unlikely prospect of an “overlapping consensus” of ethical reasons that converge against a …” „… means that the moderate discoursetheoretical argument for consensus presses convergence on case d …”

Post-metaphysical objectivity S. 127-129

„… Let us now come back to the (radical) discourse-theoretical argument for consensus I sketched in …” „… , “discourse does not necessarily aim a rationally motivated consensus”.235 Indeed, we learn from daily …” „… rationally motivated consensus.237 Since “[m]ore discourse means more contradiction and difference”,238 235 …”

The Meta-Convergence View of Shareability S. 182-184

„… of Shareability is that is inconsistent with consensus, as those who affirm theories that fall into …” „… , then, consensus models are self-defeating for the reasons I mentioned in §1.5.7: they overlook the fact …” „… approach to public justification). But if they do, they are committed to rejecting consensus models of …”

Undermined freestanding reasons are not shareable S. 79-81

„… an “overlapping consensus” of private doctrines. Now Rawls, Gaus, and Habermas suggest three …” „… searches for an “overlapping consensus” supporting a pro tanto justified political conception. On Gaus’s …” „… arguing for a consensus view) would instead claim that moral reasons need to be backed by, and embedded …”

Strong externalism S. 110-112

„… top-down argument for consensus must endorse a strongly externalist conception of reasons. As Gaus puts it …” „… ”.189 Defenders of the top-down argument for consensus are, of course, aware that some strongly …” „… for consensus does not necessarily presuppose such a strongly externalist account of justification …”

Bibliography S. 241-249

„… , Joshua (1989): “Moral Pluralism and Political Consensus”, in D. Copp / J. Hampton / J. E. Roemer (eds …” „… ): “The Idea of an Overlapping Consensus”, in Collected Papers, edited by S. Freeman, Cambridge, MA …” „… Demand for Consensus, Oxford: Oxford University Press. 248 Rousseau, Jean-Jaques (1987): On The Social …”

The Commonsense View of Shareability S. 179-182

„… consensus about the nature of the concept. 3.3.2 The Commonsense View of Shareability Let us consider the …” „… establishes a strong case against SPP. Let C1 be a consensus model based on the Commonsense View of …” „… Shareability, C2 be a consensus model based on the Weakly Externalist View of Shareability and C3 be a …”

Framing the issue S. 202-205

„… of an “overlapping consensus” need not and should not be confused with that of a “coordination of …” „… appropriateness-based argument for consensus is implicitly suggested by Rainer Forst’s and Steve Wall’s sweeping …” „… more “asymmetrical” rendition of that presumption than consensus models. Let me clarify this point …”

Are private reasons necessarily defeated? S. 133-134

„… which our critique of the (radical) discourse-theoretical argument for consensus must turn. 2.6. Public …” „… argument for consensus must establish a convincing case for an “objectivist” post-metaphysical conception …”

The role of the public sphere S. 190-191

„… “public sphere” devoted to generating “shared rationales”, but the consensus/convergence distinction does …” „… consensus. Convergence does not rule out common reasoning; it only allows diverse reasoning. It allows …”

The Non-Coercive Rejection Thesis S. 215-216

„… they allow the (prospective) coercee to reject coercion on comprehensive grounds, while consensus …” „… endorse anything close to the Consensus View of Public Justification. Still, the particular “asymmetry …”

Moderate externalism S. 112-114

„… , however, that the top-down argument for consensus does not necessarily presuppose such a strongly …” „… if internalism were correct, then the topdown argument for consensus would fail. As people embrace …”

Validity claims S. 134-137

„… . To affirm (II), defenders of the discourse theoretical argument for consensus must establish a …” „… consensus” of scientific theories? Those who are impressed by what I have called the naïve view of …”

A discourse-theoretical approach to universalization S. 140-143

„… . McCarthy 1996; for an attempt at reconciliation between Rawls’s doctrine of the “overlapping consensus” and …” „… convergence theorists is precisely that an “overlapping consensus” of comprehensive doctrines, though based on …”

Why the sincerity requirement undermines convergence S. 169-173

„… sincerity is appropriateness-based. The case for consensus is independent of any claim about the epistemic …” „… reasoning. 3.2.4 Why the sincerity requirement does not justify consensus Should we conclude that we have …”

The Conclusiveness Thesis S. 71-73

„… , we can better understand where the (first) problem with consensus models lies. I started by …”

Internalism S. 114-117

„… so. Now it is obvious that if internalism were correct, then the topdown argument for consensus would …”

Open justification and internal coherence S. 117-120

„… current belief system. 2.4.3 Rejecting the top-down argument for consensus Of course, these highly …”

Intelligibility and relevance S. 166-169

„… is questionable whether consensus would fare any better. For if citizens viewed others’ doctrines as …”

The Principle of Political Liberty S. 34-38

„… to address these two problems, consensus theorists could adopt two different strategies, which I …”

b Justificatory liberalism S. 13-20

„… public reason II.a Consensus and convergence Thus far, I have stressed that justificatory liberalism …”

doi.org/10.5771/9783845247960

Jens T. Theilen - European Consensus between Strategy and Principle

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Jens T. Theilen

European Consensus between Strategy and Principle

Series: Beiträge zum ausländischen öffentlichen Recht und Völkerrecht

Volume 303 2021

Results in this title

Chapter 6: Establishing Consensus (II): International Law as European Consensus S. 210-251

„… Pascual-Vives, Consensus-Based Interpretation of Regional Human Rights Treaties, chapter 5, for an analysis of …” „… consensus-based reasoning that is also very strongly driven by anti-fragmentation concerns. 894 Tzevelekos, “The …” „… voluntarist element of international law is (over-)emphasised by Pascual-Vives, Consensus-Based Interpretation …”

Chapter 5: Establishing Consensus (I): Numerical Issues S. 176-209

„… Consensus-Agnostic Middle Ground As a first counterpoint to the conventional account, I would like to contrast the …” „… is a lack of consensus – Rozakis envisages a kind of consensus-agnostic middle ground: “in situations …” „… consensus-agnostic middle ground, then, turns the matter entirely on its head: Rozakis advocates for substantive …”

Chapter 9: The Strategic Approach: Consensus as Legitimacy-Enhancement S. 329-366

„… Peace, Love, and Understanding?” at 59; Pascual-Vives, Consensus-Based Interpretation of Regional Human …” „… Same-Sex Marriage: Assessing the European Court of Human Rights’ Consensus-Based Analysis in II. European …” „… The Strategic Approach: Consensus as Legitimacy-Enhancement Introduction “The key rationale behind …”

Chapter 7: Establishing Consensus (III): Different Levels of Generality S. 252-284

„… positioning of this citation in relation to consensus-based reasoning, see Theilen, “Levels of Generality in …” „… Establishing Consensus (III): Different Levels of Generality Introduction Establishing whether or …” „… not a consensus among the States parties can be made out, I have argued, is no easy matter. I pointed …”

Chapter 10: Of Conflation and Normalisation: European Consensus between Strategy and Principle S. 367-401

„… historical overview through this lens; very starkly Pascual-Vives, Consensus-Based Interpretation of Regional …” „… strategy to the point that only (a certain kind of) consensus-based reasoning is accepted as “realistic …” „… Of Conflation and Normalisation: European Consensus between Strategy and Principle Introduction If …”

Chapter 2: Morality-focussed Perspectives: European Consensus as an Infringement on Prepolitical Rights S. 60-93

„… […] whether such an application can still be considered an example of purely consensus-based reasoning”; see …” „… Rights’ Consensus-Based Analysis in Recent Judgments Concerning Equal Marriage Rights,” (2017) Erasmus …” „… Morality-focussed Perspectives: European Consensus as an Infringement on Prepolitical Rights …”

Chapter 8: Consensus in Context: Autonomous Concepts, the Margin of Appreciation, and Tensions within the Court’s Doctrines S. 285-328

„… that vein, any use of consensus-based argument can be unsettled by refusing to trust the States parties …” „… consensus-based reasoning more generally, amount to an expression of a pan- European ethos. Yet there are strong …” „… , seems somewhat more open to consensus-based argument: see ibid., at paras. 57 and 60; see also Gerards …”

Chapter 1: Justifying Concrete Norms in Regional Human Rights Law: The Uses of European Consensus in the Court’s Processes of Justification S. 15-59

„… presumption,136 or to doctrinal figures such as “core rights” which establish a kind of “consensus-free” zone …” „… the basis of consensus-type arguments are carried out upon request from the judge-rapporteur by the …” „… Justifying Concrete Norms in Regional Human Rights Law: The Uses of European Consensus in the …”

Chapter 4: Interaction between Morality-focussed and Ethos-focussed Perspectives: Triangular Tensions and Instrumental Allegiances S. 137-175

„… Universal Human Rights” at 455 and 458; on consensus-based demarcation of core rights more generally, see …” „… Instrumental Allegiances Introduction Should European consensus be used by the ECtHR? Should agreement or …” „… should they be based on a moral reading of the Convention? Should judgments based on European consensus …”

Titelei/Inhaltsverzeichnis S. 1-14

„… GuidanceI. 15 Introducing European ConsensusII. 19 Key Characteristics of European ConsensusIII. 23 European …” „… Morality-focussed Criticism of European ConsensusII. 62 Minority Rights and the Tyranny of the Majority1. 62 …” „… Reasonable Agreement: But What Is Reasonable?II. 180 Factually Oriented Approaches to European ConsensusIII …”

Chapter 3: Ethos-focussed Perspectives: From National Ethe to a Pan-European Ethos S. 94-136

„… ) 48 International and Comparative Law Quarterly 638 at 648; Francisco Pascual-Vives, Consensus-Based …” „… consensus-based reasoning first emerged within the ECtHR’s case-law, in Tyrer v. the United Kingdom, not so much …” „… generally Chapter 10, III.2. and IV. 511 Pascual-Vives, Consensus-Based Interpretation of Regional Human …”

Chapter 11: Engaging with Indeterminacy: Imagining Different Uses for Vertically Comparative Legal Reasoning S. 402-449

„… Pulling Together the Threads: Beyond Consensus as Compromise I announced in Chapter 1 that part of my …” „… overall goal throughout this study on European consensus would be to demonstrate and criticise how, in at …” „… involving both the rein effect and the spur effect, consensus may seem an appropriate compromise between …”

Bibliography S. 461-497

„… , European Court of Human Rights, 69-79, 2008. Pascual-Vives, Francisco. Consensus-Based Interpretation of …” „… Human Rights’ Consensus-Based Analysis in Recent Judgments Concerning Equal Marriage Rights.” Erasmus …” „… Amos, Merris. “Can European Consensus Encourage Acceptance of the European Convention on Human Rights …”

doi.org/10.5771/9783748925095

Henk Botha, Nils Schaks, Dominik Steiger - Das Ende des repräsentativen Staates? Demokratie am Scheideweg - The End of the Representative State? Democracy at the Crossroads

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Henk Botha (ed.), Nils Schaks (ed.), Dominik Steiger (ed.)

Das Ende des repräsentativen Staates? Demokratie am Scheideweg - The End of the Representative State? Democracy at the Crossroads

2016

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Christi van der Westhuizen Democratising South Africa: Towards a ‘Conflictual Consensus’ S. 75-102

„… Democratising South Africa: Towards a ‘Conflictual Consensus’ Christi van der Westhuizen …” „… radical democratic practice that approaches democracy as a ‘conflictual consensus’.2 The point of …” „… conflictual consensus.9 Combining this insight with Torcal and Montero’s understanding of political …”

Richard Calland, Shameela Seedat Institutional Renaissance or Populist Fandango? The Impact of the Economic Freedom Fighters on South Africa’s Parliament S. 219-248

„… , when the Committee failed to reach consensus on the procedure to be followed, opposition party MPs …” „… consensus on the process to be followed and the consequent walk-out of every single opposition party reflect …” „… ever be consensus on this matter within the National Assembly. But what is most striking from both the …”

Titelei/Inhaltsverzeichnis S. 1-12

„… Africa: Towards a ‘Conflictual Consensus’ 75 Christi van der Westhuizen Perspektiven der repräsentativen …”

Henk Botha, Nils Schaks, Dominik Steiger Zur Zukunft der Demokratie S. 17-32

„… Consensus’ die Frage auf, inwieweit die Idee der Repräsentation – wie sie üblicherweise in den westlichen …”

Henk Botha, Nils Schaks, Dominik Steiger On the Future of Democracy S. 33-48

„… , in her comment Democratising South Africa: Towards a ‘Conflictual Consensus’, argues that, while …”

Henk Botha Democratic Participation and the Separation of Powers S. 385-402

„… government to secure the consensus of the affected residents nor allows it to cede its decision-making power …”

doi.org/10.5771/9783845274072

Peter Molt, Helga Dickow - Kulturen und Konflikte im Vergleich. Comparing Cultures and Conflicts

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Peter Molt (ed.), Helga Dickow (ed.)

Kulturen und Konflikte im Vergleich. Comparing Cultures and Conflicts

2007

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DOMINIK HANF The European Union: A consensus-based federation S. 749-762

„… The European Union: A consensus-based federation DOMINIK HANF Introduction It is indeed a great …” „… stimulating parallels between the Union and the – decentralized, consensus-based and by definition …” „… unanimity requirement in EU law qualify as consensus-based decision-making mechanisms (see previous n …”

HERBERT BERGMANN Die einzig wahre Entwicklungszusammenarbeit – oder wie man aus allem einen Glaubenskrieg machen kann S. 841-847

„… damit identifiziert werden konnte. Der „Monterrey Consensus“ vom März 2002 beschäftigt sich mit …” „… acclamation of the Monterrey Consensus by the heads of state and government in Monterrey, Mexico.“1 Es ist …” „… erwähnt. 1 The Monterrey Consensus: the conference on Financing for Development – Commentary on the …”

KARL KAISER Community Building in Europe: Its relevance to Asia S. 694-699

„… putting relations among the nations o f Europe on a radically different footing. By common consensus …” „… , nevertheless, a sort of consensus among government and societal elites existed that chauvinism, the …” „… , moved on from there to encompass sectors Monnet could not even imagine. Founded on the basic consensus …”

Karl Schmitt „Der Starke ist am mächtigsten allein“ – die Schweizer Konkordanzdemokratie am Scheideweg S. 738-748

„… Majoritarian and Consensus Government in Twenty-One Countries, New Haven/London 1984, S. 31) hat die Zuordnung …” „… element in both majoritarian and consensus democracy …“ Aufgrund des vom fakultativen Referendum und von …” „… . 9. 2004. Diese Einschätzung ist weit verbreitet; exemplarisch Ulrich Klöti: Consensus Government in …”

Yves Bizeul Démocratie et identités collectives S. 70-80

„… regrette que dans les deux cas la normativité soit évacuée du champ politique au profit du consensus sur …” „… non un consensus rationnel reposant sur l’autorité non contraignante des meilleurs arguments, comme le …” „… leurs conceptions particulières du bien, le consensus n’étant qu’un îlot au milieu d’un océan de …”

NAWAF SALAM On the Origins and Courses of the War in Lebanon (1975-1990) S. 290-299

„… its fragility. In fact, it is the precariousness of the internal consensus among the various sects …” „… was almost always impossible to reach a national consensus, i.e. Christian–Moslem, on the use of the …” „… element of political consensus within the Lebanese Front. Whenever it had shown some appeal, it expressed …”

ERGUN ÖZBUDUN State and Religion in Turkey S. 339-346

„… (Justice and Development Party) government’s efforts to find a solution based on consensus have so far …” „… institutional consensus. The recent transformation of political Islam in Turkey into a moderate, conservative …”

Titelei/Inhaltsverzeichnis S. 1-11

„… Schweizer Konkordanzdemokratie am Scheideweg 738 DOMINIK HANF The European Union: A consensus-based …”

MABIALA MANTUBA-NGOMA Les conflits en Afrique centrale (1960–2006): Une analyse multifactorielle S. 539-548

„… consensus utilitaire. Le parti unique conduit, avec le temps, à la privatisation et à la criminalisation de …”

BREYTEN BREYTENBACH Imagine Africa. What are the chances for democracy? S. 374-384

„… of internationalism. But to think new we need to break the mold of consensus, rich in decayed matter …”

NEVILLE ALEXANDER Nation Building, Affirmative Action and Racial Identities in Post-Apartheid South Africa S. 417-429

„… Africa’s electronic and print media. Today, there is an emerging consensus that the mere granting of …”

SAMIR KHALAF Resurgent Communal Identities and Protracted Collective Violence in Lebanon: A dialectical reading S. 235-252

„… . Haffar Mills (eds.), Lebanon: a History of Conflict and Consensus (London: I.B. Tauris): 181–200. Lerner …”

Jürgen Rüland Politischer Wandel in Indonesien: Vom „feckless pluralism“ zur konsolidierten Demokratie? S. 674-693

„… ): Democracies. Patterns of Majoritarian and Consensus Government in Twenty-One Countries, New Haven and London …”

GHASSAN SALAMÉ Culture, culture … S. 81-109

„… le monde entier autour de l’économie de marché et de la démocratie élective. Le fameux « consensus …”

doi.org/10.5771/9783845200415

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