Legal Right And Social Democracy

First published in 1987. The legal and political writings of the German Social Democrats Kirchheimer and Neumann, from the period prior to the National Socialist seizure of power, are little known to English readers. This volume presents a selection of important essays from this period, which focus on the prospects for the constitutional realization of a social democratic order in the first German Republic - the Weimar Republic, created out of the collapse of the monarchy in 1918, and destroyed by the National Socialists in 1933. Both Kirchheimer and Neumann were active as lawyers in the later 1920s and early 1930s, the latter especially having a close connection with trade union legislation and labour law. From their viewpoint as Social Democrats and lawyers they present incisive analyses of the problems confronted by the attempt to realize the ideal of a social Rechtsstaat in a political environment increasingly dominated by forces on left and right which saw constitutional order only as a means to seize power, and not as a legitimate form of order in itself. In these circumstances, political issues translated into constitutional issues, and thus could be analysed in terms of the aims and objectives of a given constitutional order. A substantial introduction by the volume’s editor, Keith Tribe, presents the political and theoretical background to these essays, which range over questions of industrial democracy, political representation, parliamentary rule and the role of judicial review. These issues are once more on the political agenda of Western industrial democracies, and the analyses of Kirchheimer and Neumann have lost none of their force and relevance, despite the catastrophic ‘failure’ of Weimar democracy in 1933.

This book presents three later works by the German social-democratic thinker and politician Eduard Bernstein, translated into English in full for the first time: Social Democracy and International Politics: Social Democracy and the European Question; League of Nations or League of States; and International Law and International Politics: The Nature, Questions, and Future of International Law. Written at the height of WW1, they address the abrupt collapse of international socialist cooperation after its outbreak, and outline a vision for peace in Europe and beyond. Bernstein argues for an ethical, democratic approach to international relations, governed by a corpus of international law, and safeguarded by an international union dedicated to preserving peoples’ right to self-determination. He is sceptical of the state-centrism of early-20th-century liberal proposals for developing strong international institutions, while also deeply critical of militarist and imperialist political leaders and thinkers for preventing even these limited proposals from being realised. Instead, in these works, Bernstein urges social democrats to campaign for a system of international economic, legal, and cultural relations that he calls the ‘republic of peoples’, and he explores themes of patriotism, class struggle, diplomacy, and free trade that still carry resonance today.

How social democrats have changed with the times while their key values have stayed the same.

The ascendancy of neo-liberalism in different parts of the world has put social democracy on the defensive. Its adherents lack a clear rationale for their policies. Yet a justification for social democracy is implicit in the United Nations Covenants on Human Rights, ratified by most of the worlds countries. The covenants commit all nations to guarantee that their citizens shall enjoy the traditional formal rights; but they likewise pledge governments to make those rights meaningful in the real world by providing social security and cultural recognition to every person. This new book provides a systematic defence of social democracy for our contemporary global age. The authors argue that the claims to legitimation implicit in democratic theory can be honored only by social democracy; libertarian democracies are defective in failing to protect their citizens adequately against social, economic, and environmental risks that only collective action can obviate. Ultimately, social democracy provides both a fairer and more stable social order. But can social democracy survive in a world characterized by pervasive processes of globalization? This book asserts that globalization need not undermine social democracy if it is harnessed by international associations and leavened by principles of cultural respect, toleration, and enlightenment. The structures of social democracy must, in short, be adapted to the exigencies of globalization, as has already occurred in countries with the most successful social-democratic practices.

This book explores the political and legal institutions necessary for a democratic socialism in advanced industrial societies. It argues that a democratic socialist society needs a firm framework of public law, and a formal constitution. Populist conceptions of direct democracy and informal justice are argued to be inadequate as the primary means of democratic control in a complex society; likewise Marxist views of the "withering away of the state" are challenged as utopian. The book maintains that radical reforms in political institutions are necessary in order to effect social change.

Social Democracy in the Global Periphery focuses on social-democratic regimes in the developing world that have, to varying degrees, reconciled the needs of achieving growth through globalized markets with extensions of political, social and economic rights. The authors show that opportunities exist to achieve significant social progress, despite a global economic order that favours core industrial countries. Their findings derive from a comparative analysis of four exemplary cases: Kerala (India), Costa Rica, Mauritius and Chile (since 1990). Though unusual, the social and political conditions from which these developing-world social democracies arose are not unique; indeed, pragmatic and proactive social-democratic movements helped create these favourable conditions. The four exemplars have preserved or even improved their social achievements since neoliberalism emerged hegemonic in the 1980s. This demonstrates that certain social-democratic policies and practices - guided by a democratic developmental state - can enhance a national economy's global competitiveness.