Edited by Corien Prins, Colette Cuijpers, Peter L. Lindseth and Mônica Rosina
Chapter 4: The broken promises of democracy in the information era
The aim of this chapter is twofold. On the one hand, the intent is to flesh out old and new challenges of today’s democracy and 14 ideal candidates for cases of general disagreement in the legal domain. On the other hand, in order to tackle such legal hard cases that concern either the meaning of the terms framing the legal question or the ways such terms are related to each other in legal reasoning, or the role of the principles that are involved in the case, three normative perspectives are employed. They concern the principles of justice, toleration and a mix of both. What ultimately is at stake has to do either with the risk of a toothless tolerance or the threat of an intolerant justice, and the ways in which we may avert the limits of this alternative.
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