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Towards Juristocracy: The Origins and Consequences of the New Constitutionalism by Ran Hirschl
politics
law
political-philosophy
politics-ir
The Constitution of the United States of America
Founding Fathers - 1787
This inexpesnive pamphlet edition is sure to be prized by Americans of all ages.
The Case of the Speluncean Explorers: Nine New Opinions
Peter Suber - 1998
Describing a case of trapped travellers who are forcd to cannibalize one of their team, it is used on courses in philosophy of law and Jurisprudence to show how their trial upon rescue touches on key concepts in philosophy and legal theory such as utilitarianism and naturalism. The Case of the Speluncean Explorers: Nine New opinions includes a reprint of Fuller's classic article and a much-needed revision of and addition to the five openings originally expressed in the case by the five Supreme Court Judges. Peter Suber carefully and clearly introduces students to the main themes of Fuller's article before introducing nine new opinions. These opinions include perspectives from communitarian, feminist, multicultural, postmodern and economic theories of law, updating Fuller's original case and bringing contemporary theories of law to bear on the five original opinions.Why read this book? One reason is to get beyond sloganeering about "judicial activism" and "activist judges." The book is an enjoyable and even-handed way to understand what the debate is about. It doesn't tell you what to think, but illustrates the contending positions and lets you think for yourself. It will show you how judges with different moral and political beliefs interpret written law, how they use precedents, how they conceive the proper role of judges, how they conceive the relationship between law and morality, and how they defend their judicial practices against criticism. It anchors all of this in a Supreme Court hearing of a gripping, concrete case on which real people disagree. (Challenge: Take any view of how judges should interpret law, especially any view that makes it sound easy, and try it out on this case. How well can it respect the facts and law? How well can it answer the objections from judges who take other views? How well does it deliver justice?) The book uses no jargon and assumes no prior knowledge of law or legal philosophy.
The Secret Barrister: Stories of the Law and How It's Broken
The Secret Barrister - 2018
These are the stories of life inside the courtroom. They are sometimes funny, often moving and ultimately life-changing. How can you defend a child-abuser you suspect to be guilty? What do you say to someone sentenced to ten years who you believe to be innocent? What is the law and why do we need it? And why do they wear wigs? From the criminals to the lawyers, the victims, witnesses and officers of the law, here is the best and worst of humanity, all struggling within a broken system which would never be off the front pages if the public knew what it was really like. This is a first-hand account of the human cost of the criminal justice system, and a guide to how we got into this mess, The Secret Barrister shows you what it’s really like and why it really matters.
The Legal Environment of Business: Text and Cases
Frank B. Cross - 1991
The cases, content, and features of the exciting new ninth edition have been thoroughly updated to represent the latest developments in the business law environment. An excellent assortment of cases ranges from precedent-setting landmarks to important recent decisions, and ethical, global, and corporate themes are integrated throughout. In addition, numerous features and exercises help you master key concepts and apply what you've learned to real-world issues, and the book offers an unmatched range of support resources, including innovative online review tools.
Law School for Everyone: Constitutional Law
Eric Berger - 2019
It’s because constitutional law is so fundamental to our democracy that law schools across the country teach the subject. It's the area of law that determines what federal and state governments are permitted to do, and what rights you have as an individual citizen of the United States. In these 12 lectures, you'll get the same accessible, well-rounded introduction to constitutional law as a typical law student - but with the added benefit of noted constitutional scholar Eric Berger's brilliant insights. Taking you through all three branches of the federal government, Professor Berger uses some of the most important legal cases in the United States to probe the open-ended nature of the Constitution’s language and illustrate how legal reasoning has defined the power relationships that the Constitution governs. You’ll examine pivotal Supreme Court cases to learn how interpreting the Constitution has radically affected American society. You’ll consider the Supreme Court’s role in deciding - and sometimes avoiding - questions of constitutionality. And you’ll investigate how changes in public opinion can influence how the Supreme Court interprets the Constitution. While the open-ended nature of the Constitution’s language makes constitutional law often uncertain, these lectures offer you a better understanding of its many nuances, as well as its profound importance for the future of the United States.
The Narrow Corridor: States, Societies, and the Fate of Liberty
Daron Acemoğlu - 2019
Acemoglu and Robinson are intellectual heavyweights of the first rank . . . erudite and fascinating' Paul Collier, Guardian, on Why Nations FailBy the authors of the international bestseller Why Nations Fail, based on decades of research, this powerful new big-picture framework explains how some countries develop towards and provide liberty while others fall to despotism, anarchy or asphyxiating norms- and explains how liberty can thrive despite new threats.Liberty is hardly the 'natural' order of things; usually states have been either too weak to protect individuals or too strong for people to protect themselves from despotism. There is also a happy Western myth that where liberty exists, it's a steady state, arrived at by 'enlightenment'. But liberty emerges only when a delicate and incessant balance is struck between state and society - between elites and citizens. This struggle becomes self-reinforcing, inducing both state and society to develop a richer array of capacities, thus affecting the peacefulness of societies, the success of economies and how people experience their daily lives.Explaining this new framework through compelling stories from around the world, in history and from today - and through a single diagram on which the development of any state can be plotted - this masterpiece helps us understand the past and present, and analyse the future.'An intellectually rich book that develops an important thesis with verve' Martin Wolf, Financial Times, on Why Nations Fail
The Right Nation: Conservative Power in America
John Micklethwait - 2004
It's for any of us who want to understand one of the most important forces shaping American life. How did America's government become so much more conservative in just a generation? Compared to Europe-or to America under Richard Nixon-even President Howard Dean would preside over a distinctly more conservative nation in many crucial respects: welfare is gone; the death penalty is deeply rooted; abortion is under siege; regulations are being rolled back; the pillars of New Deal liberalism are turning to sand. Conservative positions have not prevailed everywhere, of course, but this book shows us why they've been so successfully advanced over such a broad front: because the battle has been waged by well-organized, shrewd, and committed troops who to some extent have been lucky in their enemies.John Micklethwait and Adrian Wooldridge, like modern-day Tocquevilles, have the perspective to see this vast subject in the round, unbeholden to forces on either side. They steer The Economist's coverage of the United States and have unrivaled access to resources and-because of the magazine's renown for iconoclasm and analytical rigor-have had open-door access wherever the book's research has led them. And it has led them everywhere: To reckon with the American right, you have to get out there where its centers are and understand the power flow among the brain trusts, the mouthpieces, the organizers, and the foot soldiers. The authors write with wit and skewer whole herds of sacred cows, but they also bring empathy to bear on a subject that sees all too little of it. You won't recognize this America from the far-left's or the far-right's caricatures. Divided into three parts-history, anatomy, and prophecy-The Right Nation comes neither to bury the American conservative movement nor to praise it blindly but to understand it, in all its dimensions, as the most powerful and effective political movement of our age.Chapter OneFROM KENNEBUNKPORT TO CRAWFORDSir Lewis Namier, the great historian of English politics in the age of George III, once remarked that English history, and especially English parliamentary history, is made by families rather than individuals. The same could be said of American political history, especially in the age of George I and George II. There is no better introduction to the radical transformation of Republicanism in the past generation-from patrician to populist, from Northeastern to Southwestern, from pragmatic to ideological-than the radical transformation of Republicanism's current leading family, the Bushes.Grandfather PrescottThe Bushes began political life as classic establishment Republicans: WASPs who summered in Kennebunkport, educated their children at boarding schools and the Ivy League and claimed family ties to the British royal family (Queen Elizabeth II is the thirteenth cousin of the first President Bush). George W.'s paternal great-grandfather, Samuel P. Bush, was a steel and railroad executive who became the first president of the National Association of Manufacturers and a founding member of the United States Chamber of Commerce. His maternal great-grandfather, George Herbert Walker, was even grander. The cofounder of W. A. Harriman, Wall Street's oldest private investment bank, Walker's stature was summed up by his twin Manhattan addresses: his office at One Wall Street and his home at One Sutton Place. There was certainly muck beneath this brass: both Walker and Bush had their share of Wall Street shenanigans and cozy government deals, but in the age...
Scalia: A Court of One
Bruce Allen Murphy - 2014
His sterling academic and legal credentials led to his nomination by President Ronald Reagan to the Court of Appeals for the DC Circuit in 1982. In four short years there, he successfully outmaneuvered the more senior Robert Bork to be appointed to the Supreme Court in 1986.Scalia’s evident legal brilliance and personal magnetism led everyone to predict he would unite a new conservative majority under Chief Justice William Rehnquist and change American law in the process. Instead he became a Court of One. Rather than bringing the conservatives together, Scalia drove them apart. He attacked and alienated his more moderate colleagues Sandra Day O’Connor, then David Souter, and finally Anthony Kennedy. Scalia prevented the conservative majority from coalescing for nearly two decades.Scalia: A Court of One is the compelling story of one of the most polarizing figures ever to serve on the nation’s highest court. It provides an insightful analysis of Scalia’s role on a Court that, like him, has moved well to the political right, losing public support and ignoring public criticism. To the delight of his substantial conservative following, Scalia’s “originalism” theory has become the litmus test for analyzing, if not always deciding, cases. But Bruce Allen Murphy shows that Scalia’s judicial conservatism is informed as much by his highly traditional Catholicism, mixed with his political partisanship, as by his reading of the Constitution. Murphy also brilliantly analyzes Scalia’s role in major court decisions since the mid-1980s and scrutinizes the ethical controversies that have dogged Scalia in recent years. A Court of One is a fascinating examination of one outspoken justice’s decision not to play internal Court politics, leaving him frequently in dissent, but instead to play for history, seeking to etch his originalism philosophy into American law.
Taking Rights Seriously
Ronald Dworkin - 1977
Clearly and forcefully, Ronald Dworkin argues against the "ruling" theory in Anglo-American law--legal positivism and economic utilitarianism--and asserts that individuals have legal rights beyond those explicitly laid down and that they have political and moral rights against the state that are prior to the welfare of the majority.Mr. Dworkin criticizes in detail the legal positivists' theory of legal rights, particularly H. L. A. Hart's well-known version of it. He then develops a new theory of adjudication, and applies it to the central and politically important issue of cases in which the Supreme Court interprets and applies the Constitution. Through an analysis of John Rawls's theory of justice, he argues that fundamental among political rights is the right of each individual to the equal respect and concern of those who govern him. He offers a theory of compliance with the law designed not simply to answer theoretical questions about civil disobedience, but to function as a guide for citizens and officials. Finally, Professor Dworkin considers the right to liberty, often thought to rival and even preempt the fundamental right to equality. He argues that distinct individual liberties do exist, but that they derive, not from some abstract right to liberty as such, but from the right to equal concern and respect itself. He thus denies that liberty and equality are conflicting ideals.Ronald Dworkin's theory of law and the moral conception of individual rights that underlies it have already made him one of the most influential philosophers working in this area. This is the first publication of these ideas in book form.
May It Please Your Lordship
Toby Potts - 2012
Stirring speeches to rapt juries, triumphant press interviews and enormous fees paid by grateful clients. He can see it all. But unfortunately, he has reckoned without Judge 'Bonkers' Clarke, The Honourable Mr 'Sourpuss' Boniface and a range of other equally terrifying, grumpy and borderline insane judges - not to mention tricky solicitors, bent coppers and dodgy defendants.
50 Reasons to Vote for Donald Trump
B.D. Cooper - 2015
This work is both entertaining and thought-provoking. Great food for thought and (dare we say) conversation starters for your own debates with friends. Scroll up and click Buy Now and you can start reading immediately. If you don't have a Kindle, no problem! You can read this e-book on any device using Amazon's free Kindle app.
Paralegal Career for Dummies [With CD-ROM]
Scott A. Hatch - 2006
Inside, you'll find all the tools you need to succeed, including a CD packed with sample memos, forms, letters, and more Discover how to* Secure your ideal paralegal position* Pick the right area of the law for you* Prepare documents for litigation* Conduct legal research* Manage a typical law officeSample resumes, letters, forms, legal documents, and links to online legal resources. Please see the CD-ROM appendix for details and complete system requirements.
Democracy and Tradition
Jeffrey L. Stout - 2003
He discusses the fate of virtue, the legacy of racism, the moral issues implicated in the war on terrorism, and the objectivity of ethical norms. Against those who see no place for religious reasoning in the democratic arena, Stout champions a space for religious voices. But against increasingly vocal antiliberal thinkers, he argues that modern democracy can provide a moral vision and has made possible such moral achievements as civil rights precisely because it allows a multitude of claims to be heard.Stout's distinctive pragmatism reconfigures the disputed area where religious thought, political theory, and philosophy meet. Charting a path beyond the current impasse between secular liberalism and the new traditionalism, Democracy and Tradition asks whether we have the moral strength to continue as a democratic people as it invigorates us to retrieve our democratic virtues from very real threats to their practice.
A People's Constitution: The Everyday Life of Law in the Indian Republic
Rohit de - 2018
Drawing upon the previously unexplored records of the Supreme Court of India, A People's Constitution upends this narrative and shows how the Constitution actually transformed the daily lives of citizens in profound and lasting ways. This remarkable legal process was led by individuals on the margins of society, and Rohit De looks at how drinkers, smugglers, petty vendors, butchers, and prostitutes--all despised minorities--shaped the constitutional culture.The Constitution came alive in the popular imagination so much that ordinary people attributed meaning to its existence, took recourse to it, and argued with it. Focusing on the use of constitutional remedies by citizens against new state regulations seeking to reshape the society and economy, De illustrates how laws and policies were frequently undone or renegotiated from below using the state's own procedures. De examines four important cases that set legal precedents: a Parsi journalist's contestation of new alcohol prohibition laws, Marwari petty traders' challenge to the system of commodity control, Muslim butchers' petition against cow protection laws, and sex workers' battle to protect their right to practice prostitution.Exploring how the Indian Constitution of 1950 enfranchised the largest population in the world, A People's Constitution considers the ways that ordinary citizens produced, through litigation, alternative ethical models of citizenship.
The Vocation Lectures: Science as a Vocation/Politics as a Vocation
Max Weber - 1919
Together in this volume, these newly translated lectures offer an ideal point of entry into Weber's central project: understanding how, as Weber put it, "in the West alone there have appeared cultural manifestations [that seem to] go in the direction of universal significance and validity.