studies in law politics and society 57

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Studies In Law Politics And Society

Author : Austin Sarat
ISBN : 9781780526225
Genre : Law
File Size : 43. 7 MB
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This volume of Studies in Law, Politics, and Society contains an international and interdisciplinary array of legal scholarship. Presenting diverse theoretical perspectives and methodological approaches, this work illuminates the laws response to its social context as well as the way law shapes that context. It shows how legal scholars contribute to public debate about contemporary issues as well as how they articulate the nature of rights and the limits of law.

Studies In Law Politics And Society

Author : Austin Sarat
ISBN : 9780762311798
Genre : Law
File Size : 74. 14 MB
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This volume of "Studies in Law, Politics, and Society" presents a diverse array of articles by an interdisciplinary group of scholars. Their work spans the social sciences, humanities, and the law. Those scholars examine the nature of family and the intersection of family and law, the way contexts shape legal actors, and the nature of rights and resistance. The articles published here exemplify the exciting and innovative work now being done in interdisciplinary legal scholarship.

Distorting The Law

Author : William Haltom
ISBN : 0226314693
Genre : Political Science
File Size : 44. 8 MB
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In recent years, stories of reckless lawyers and greedy citizens have given the legal system, and victims in general, a bad name. Many Americans have come to believe that we live in the land of the litigious, where frivolous lawsuits and absurdly high settlements reign. Scholars have argued for years that this common view of the depraved ruin of our civil legal system is a myth, but their research and statistics rarely make the news. William Haltom and Michael McCann here persuasively show how popularized distorted understandings of tort litigation (or tort tales) have been perpetuated by the mass media and reform proponents. Distorting the Law lays bare how media coverage has sensationalized lawsuits and sympathetically portrayed corporate interests, supporting big business and reinforcing negative stereotypes of law practices. Based on extensive interviews, nearly two decades of newspaper coverage, and in-depth studies of the McDonald's coffee case and tobacco litigation, Distorting the Law offers a compelling analysis of the presumed litigation crisis, the campaign for tort law reform, and the crucial role the media play in this process.

Special Issue

Author : Austin Sarat
ISBN : 9781784412388
Genre : Law
File Size : 23. 73 MB
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This special issue of Studies in Law, Politics and Society focuses on law and the liberal state; presenting an interdisciplinary and multifaceted approach to analysis of law and liberty. The first chapters focus on law's relationship with the American liberal state, while the remaining papers consider specific applications of the law within society

The Constitution Of The Criminal Law

Author : R. A. Duff
ISBN : 9780191655289
Genre : Law
File Size : 55. 2 MB
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The third book in the Criminalization series examines the constitutionalization of criminal law. It considers how the criminal law is constituted through the political processes of the state; how the agents of the criminal law can be answerable to it themselves; and finally, how the criminal law can be constituted as part of the international order. Addressing the ways in which and the grounds on which types of conduct can be justifiably criminalized, the first four chapters of this volume focus on the questions that arise from a consideration of the political constitution of the criminal law. The contributors then turn their attention to the role of the state, its institutions and officials, and their role not only as creators, enactors, interpreters, and enforcers of the criminal law, but also as subjects of it. How can the agents of the criminal law also be answerable to it? Finally discussion turns to how the criminal law can be constituted as part of an international order. Examining the relationships between domestic laws of different nation-states, and between domestic criminal law and international or transnational law, the chapters also look at the authority and jurisdiction of international criminal law itself, and its relationship to other dimensions of the international order. A vital examination of one of the most important topics in modern criminal legal theory, this volume raises new questions central to the study of the criminal law and offers new suggestions for addressing them.

Judicial Review And Contemporary Democratic Theory

Author : Scott E. Lemieux
ISBN : 9781351602129
Genre : Political Science
File Size : 87. 79 MB
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For decades, the question of judicial review’s status in a democratic political system has been adjudicated through the framework of what Alexander Bickel labeled "the counter-majoritarian difficulty." That is, the idea that judicial review is particularly problematic for democracy because it opposes the will of the majority. Judicial Review and Contemporary Democratic Theory begins with an assessment of the empirical and theoretical flaws of this framework, and an account of the ways in which this framework has hindered meaningful investigation into judicial review’s value within a democratic political system. To replace the counter-majoritarian difficulty framework, Scott E. Lemieux and David J. Watkins draw on recent work in democratic theory emphasizing democracy’s opposition to domination and analyses of constitutional court cases in the United States, Canada, and elsewhere to examine judicial review in its institutional and political context. Developing democratic criteria for veto points in a democratic system and comparing them to each other against these criteria, Lemieux and Watkins yield fresh insights into judicial review’s democratic value. This book is essential reading for students of law and courts, judicial politics, legal theory and constitutional law.

Ethics For Disaster

Author : Naomi Zack
ISBN : 9780742564954
Genre : Philosophy
File Size : 32. 55 MB
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Ethics for Disaster addresses the moral aspects of the aftermath of natural disasters such as hurricanes, earthquakes, and tornadoes. The book explores how these catastrophes illuminate the existing inequalities in society, combining a unique philosophical approach with new moral thinking. Zack stresses the obligation of both individuals and government in preparing for and responding to dangerous times, forcefully arguing for the preservation of normal moral principles even in times of crisis and national emergency.

Unspeakable Subjects

Author : Nicola Lacey
ISBN : 9781847311474
Genre : Law
File Size : 31. 24 MB
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Nicola Lacey's book presents a feminist critique of law based on an analysis of the ways in which the very structure or method of modern law is gendered. All of the essays in the book therefore engage at some level with the question of whether there are things of a general nature to be said about what might be called the sex or gender of law. Ranging across fields including criminal law,public law and anti-discrimination law, the essays examine the conceptual framework of modern legal practices: the legal conception of the subject as an individual; the concepts of equality, freedom, justice and rights; and the legal construction of public and private realms and of the relations between individual, state and community. They also reflect upon the deployment of law as a means of furthering feminist ethical and political values. At a more general level, the essays contemplate the relationship between feminist and other critical approaches to legal theory; the relationship between the ideas underlying feminist legal theory and those informing contemporary developments in social and political theory; and the nature of the relationship between feminist legal theories and feminist legal politics. The essays in this book tell the story of an intellectual journey which has led the author to question some of the central assumptions of traditional legal education and scholarship. They also set out a distinctive vision of jurisprudence as a form of critical social theory.

Exploring The Socio Of Socio Legal Studies

Author : Dermot Feenan
ISBN : 9781137314635
Genre : Law
File Size : 39. 34 MB
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In this insightful collection, a broad range of scholars analyzes a core issue for socio-legal studies, what is understood by the 'socio' of the 'socio-legal'. Drawing from legal theory, cultural studies, and social policy, the collection's wide scope of themes and topics provides an important stock-take and analysis of the socio-legal field.

Colonialism And Culture

Author : Nicholas B. Dirks
ISBN : 0472064347
Genre : History
File Size : 68. 57 MB
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Provides new and important perspectives on the complex character of colonial history

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