Yet the working of the Constitution over the last seven decades has often failed to fulfill that transformative promise. Not only have successive Parliaments failed to repeal colonial-era laws that are inconsistent with the principles of the Constitution, but constitutional challenges to these laws have also failed before the courts. Indeed, in numerous cases, the Supreme Court has used colonial-era laws to cut down or weaken the fundamental rights. The Transformative Constitution by Gautam Bhatia draws on pre-Independence legal and political history to argue that the Constitution was intended to transform not merely the political status of Indians from subjects to citizens, but also the social relationships on which legal and political structures rested. He advances a novel vision of the Constitution, and of constitutional interpretation, which is faithful to its text, structure and history, and above all to its overarching commitment to political and social transformation.

    A new chapter on the Use of Force has been added and further discussion of the Environment. Its clarity, excellent structure, detailed referencing and depth and maturity of analysis make it the ideal text for students, scholars and practitioners.

    Editorial pages applaud them for getting tough on crime. Constitutional lawyers raise the issue of cruel and unusual punishment. Legal philosophers ponder questions of justness. An economist, on the other hand, observes that making the punishment for armed robbery the same as that for murder encourages muggers to kill their victims. This is the cut-to-the-chase quality that makes economics not only applicable to the interpretation of law, but beneficial to its crafting.Drawing on numerous commonsense examples, in addition to his extensive knowledge of Chicago-school economics, David D. Friedman offers a spirited defense of the economic view of law. He clarifies the relationship between law and economics in clear prose that is friendly to students, lawyers, and lay readers without sacrificing the intellectual heft of the ideas presented. Friedman is the ideal spokesman for an approach to law that is controversial not because it overturns the conclusions of traditional legal scholars--it can be used to advocate a surprising variety of political positions, including both sides of such contentious issues as capital punishment--but rather because it alters the very nature of their arguments. For example, rather than viewing landlord-tenant law as a matter of favoring landlords over tenants or tenants over landlords, an economic analysis makes clear that a bad law injures both groups in the long run. And unlike traditional legal doctrines, economics offers a unified approach, one that applies the same fundamental ideas to understand and evaluate legal rules in contract, property, crime, tort, and every other category of law, whether in modern day America or other times and places--and systems of non-legal rules, such as social norms, as well.This book will undoubtedly raise the discourse on the increasingly important topic of the economics of law, giving both supporters and critics of the economic perspective a place to organize their ideas.

    Few of us think of violence. But beneath the surface of the poorest communities in the developing world is a hidden epidemic of everyday violence-of rape, forced labor, illegal detention, land theft, police abuse, and more- that is undermining our best efforts to assist the poor. Gary Haugen and Victor Boutros's The Locust Effect offers a searing account of the way pervasive violence blocks the road out of poverty, undermines economic development, and reduces the effectiveness of international public health efforts. As corrupt and dysfunctional justice systems allow the locusts of predatory violence to descend upon the poor, the ravaging plague lays waste to programs of income generation, disease prevention, education for girls and other assistance to the poor. And tragically, none of these aid programs can stop the violence. In graphic real-world stories-set in locales ranging from Peru to India to Nigeria- The Locust Effect offers a gripping journey into the vast, hidden underworld of everyday violence where justice is only available to those with money. But the book holds out hope, recalling that justice systems in developed countries were once just as corrupt and brutal; and explores a practical path for throwing off antiquated colonial justice systems and re-engineering the administration of justice to protect the poorest. Sweeping in scope and filled with unforgettable stories, The Locust Effect will force us to rethink everything we know about the causes of poverty and what it will take make the poor safe enough to prosper.

    But concern over what Louis Brandeis called the "curse of bigness" can no longer remain the province of specialist lawyers and economists, for it has spilled over into policy and politics, even threatening democracy itself. History suggests that tolerance of inequality and failing to control excessive corporate power may prompt the rise of populism, nationalism, extremist politicians, and fascist regimes. In short, as Wu warns, we are in grave danger of repeating the signature errors of the twentieth century.In The Curse of Bigness, Columbia professor Tim Wu tells of how figures like Brandeis and Theodore Roosevelt first confronted the democratic threats posed by the great trusts of the Gilded Age--but the lessons of the Progressive Era were forgotten in the last 40 years. He calls for recovering the lost tenets of the trustbusting age as part of a broader revival of American progressive ideas as we confront the fallout of persistent and extreme economic inequality.

    An entertaining, insightful history of the men who've held the office, from the division between Jefferson and Hamilton through Bill Clinton's campaign for national health care.

    Institutions exist, he argues, due to the uncertainties involved in human interaction; they are the constraints devised to structure that interaction. Yet, institutions vary widely in their consequences for economic performance; some economies develop institutions that produce growth and development, while others develop institutions that produce stagnation. North first explores the nature of institutions and explains the role of transaction and production costs in their development. The second part of the book deals with institutional change. Institutions create the incentive structure in an economy, and organizations will be created to take advantage of the opportunities provided within a given institutional framework. North argues that the kinds of skills and knowledge fostered by the structure of an economy will shape the direction of change and gradually alter the institutional framework. He then explains how institutional development may lead to a path-dependent pattern of development. In the final part of the book, North explains the implications of this analysis for economic theory and economic history. He indicates how institutional analysis must be incorporated into neo-classical theory and explores the potential for the construction of a dynamic theory of long-term economic change. Douglass C. North is Director of the Center of Political Economy and Professor of Economics and History at Washington University in St. Louis. He is a past president of the Economic History Association and Western Economics Association and a Fellow, American Academy of Arts and Sciences. He has written over sixty articles for a variety of journals and is the author of The Rise of the Western World: A New Economic History (CUP, 1973, with R.P. Thomas) and Structure and Change in Economic History (Norton, 1981). Professor North is included in Great Economists Since Keynes edited by M. Blaug (CUP, 1988 paperback ed.)

    It is authoritative, current, highly readable, and widely used at law schools throughout the nation. Coverage focuses on the basic elements of, and defenses to, specific crimes, such as homicide, rape, and theft, as well as group criminality and inchoate liability. The common law is emphasized, with extensive comparisons to the Model Penal Code and thoughtful examination of the underpinnings of the utilitarian philosophies of substantive criminal law. The text encourages students to consider the approach these philosophies would take to a particular matter under discussion, thus providing an excellent learning tool for gaining a firm understanding of how our criminal justice system works.

    

    Contains the most helpful version of Hobbes's political and moral philosophy available in English. Includes the only English translation of De Homine, chapters X-XV. Features the English translation of De Cive attributed to Hobbes.

    In this seventh edition, Robert L. Heilbroner provides a new theme that connects thinkers as diverse as Adam Smith and Karl Marx. The theme is the common focus of their highly varied ideas—namely, the search to understand how a capitalist society works. It is a focus never more needed than in this age of confusing economic headlines.In a bold new concluding chapter entitled “The End of the Worldly Philosophy?” Heilbroner reminds us that the word “end” refers to both the purpose and limits of economics. This chapter conveys a concern that today’s increasingly “scientific” economics may overlook fundamental social and political issues that are central to economics. Thus, unlike its predecessors, this new edition provides not just an indispensable illumination of our past but a call to action for our future. (amazon.com)

    In this explosive book, Bryan Caplan argues that the primary function of education is not to enhance students' skill but to certify their intelligence, work ethic, and conformity—in other words, to signal the qualities of a good employee. Learn why students hunt for easy As and casually forget most of what they learn after the final exam, why decades of growing access to education have not resulted in better jobs for the average worker but instead in runaway credential inflation, how employers reward workers for costly schooling they rarely if ever use, and why cutting education spending is the best remedy.Caplan draws on the latest social science to show how the labor market values grades over knowledge, and why the more education your rivals have, the more you need to impress employers. He explains why graduation is our society's top conformity signal, and why even the most useless degrees can certify employability. He advocates two major policy responses. The first is educational austerity. Government needs to sharply cut education funding to curb this wasteful rat race. The second is more vocational education, because practical skills are more socially valuable than teaching students how to outshine their peers.Romantic notions about education being "good for the soul" must yield to careful research and common sense — The Case against Education points the way.

    This book dramatically chronicles the significant events that led Morris Dees to the front lines of the civil rights struggle and his ongoing crusade against hate groups.This is the story of the courageous and often lonely journey of a skilled and controversial trail lawyer whose career has paralleled a nation's struggle to ensure freedom and equality for all its citizens.

    But she is forced to admit she respects and admires Dr Peter Schmidt and they begin a relationship. Then, however, typhoid strikes.

    This thorough treatment of constitutional law focuses on three core areas -- The Judicial Function in Constitutional Cases, The Structure of Government, and Individual Rights. The new edition has been updated to include recent major Supreme Court decisions, as well as expanded materials on executive power, military tribunals and separation of powers in the war on terrorism.