Law and Society in a Populist Age: Balancing Individual Rights and the Common Good

by Amitai Etzioni

Overview

The law-based, political institutions in many democratic societies are being challenged by fast-growing populist movements, parties, and leaders. In other nations, the state is failing. These seismic changes call for greater attention to be paid to the role society plays in forming and challenging laws—and how the law copes with these challenges.

Amitai Etzioni, one of the most respected thinkers in the US, argues for a new liberal communitarian approach as an effective response to populism. This recognizes that different members of the society have differing values, interests, and needs that cannot be fully reconciled to legislation in a populist age.

The book considers the core challenge in a variety of contexts, including national security versus privacy, private sector responsibility, freedom of the press, campaign finance reform, regulatory law and the legal status of terrorists. Thus the book offers a timely discussion of key issues for contemporary society and the relationship of the law to the citizen in a fast-changing environment.

Product Details

ISBN-13:	9781529200263
Publisher:	Bristol University Press
Publication date:	11/09/2019
Edition description:	First Edition
Pages:	224
Product dimensions:	5.40(w) x 8.40(h) x 0.60(d)

About the Author

Amitai Etzioni (1929-2023) was the first UniversityProfessor of The George Washington University. He previously taught at Columbia Universityand at Harvard University. He served as a Senior Advisor to the White House from 1979-1980 and as president of the American Sociological Association. He contributed to The New York Times, The Washington Post, and The Wall Street Journal and was awarded the Seventh James Wilbur Award for Extraordinary Contributions to the Appreciation and Advancement of Human Values and the Sociological Practice Association's Outstanding Contribution Award.

Table of Contents

Acknowledgements vi

List of abbreviations viii

Introduction ix

Part 1 Power and Legitimacy 1

1 A response to populism 3

2 The privatization of force 27

3 Captured 49

4 Forging new legitimacy 63

Part 2 Rights and the Common Good 91

5 The common good 93

6 Rights and responsibilities 103

7 Privacy vs. security 109

8 How liberty is lost 127

Part 3 Supranational Overreach 141

9 Undermining genocide prevention 143

10 Nationalism as a block to community building 149

Part 4 Response to New Technology 169

11 Should AI be regulated? 171

Co-authored with Oren Etzioni

12 A privacy doctrine for the cyber age 181

Notes 207

Index 251

What People are Saying About This

From the Publisher

“The deeply insightful law and technology commentary Etzioni offers in this important book is made possible only through a well-elaborated methodology and thick conception of the public good.” Ryan Calo, University of Washington School of Law

"Like an experienced alpinist, Amitai Etzioni walks the mountain ridge between an introvert adherence to community traditions and a liberalism void of community values. In these explorations, he approaches the foundations of law making policies that are fit for networked societies." Ernst M.H. Hirsch Ballin, Tilburg University

“Etzioni demonstrates his unprecedented multidisciplinary knowledge by weaving numerous case studies into a rich and vibrant portrait of the role of contemporary law. This wonderful book could not have been written by anyone else.” Yuval Feldman, Bar-Ilan University, Israel

"Ambitiously takes on a wide range of issues, from immigration and Brexit to private data collection and government surveillance, and explains why a liberal communitarian approach can help resolve seemingly unrepairable rifts. Etzioni’s call for respectful dialogue and his sensible compromise positions on hot button topics should trigger long-overdue policy changes. " Christopher Slobogin, Vanderbilt University

"The urgent relevance of Etzioni’s clarion call for a new moral dialogue, that embraces both individual liberties and strong communities, could not be more evident in this age where democracy and law face unprecedented challenges on a global scale." Paolo G. Carozza, University of Notre Dame

Editorial Reviews

Amitai Etzioni continues to be a voice of reason, compromise, and moderation in a world of divisive politics and tribalism. This book makes a valuable contribution to law-and-society scholarship.” A. Javier Treviño, Wheaton College, US

“This compelling new book is perhaps one of the most important contributions to the analysis of recent trends in the political landscape of the Western democracies for some time. For lawyers, academics and politicians, as well as for social scientists and those in public administration, this is an important contribution to a crucial modern debate.” Journal of Contemporary European Studies

From the Publisher

This compelling new book is perhaps one of the most important contributions to the analysis of recent trends in the political landscape of the Western democracies for some time.

Journal of Contemporary European Studies

Ambitiously takes on a wide range of issues, from immigration and Brexit to private data collection and government surveillance, and explains why a liberal communitarian approach can help resolve seemingly unrepairable rifts. Etzioni’s call for respectful dialogue and his sensible compromise positions on hot button topics should trigger long-overdue policy changes.

Vanderbilt University Christopher Slobogin

Etzioni demonstrates his unprecedented multidisciplinary knowledge by weaving numerous case studies into a rich and vibrant portrait of the role of contemporary law. This wonderful book could not have been written by anyone else.

Bar-Ilan University Yuval Feldman

The urgent relevance of Etzioni’s clarion call for a new moral dialogue, that embraces both individual liberties and strong communities, could not be more evident in this age where democracy and law face unprecedented challenges on a global scale.

University of Notre Dame Paolo G. Carrozza