Book picks similar to
The Blackwell Companion to Law and Society by Austin Sarat


law
jurisprudence
law-punishment
non-fic---law-and-crime

Why Government Fails So Often: And How It Can Do Better


Peter H. Schuck - 2014
    At the same time, Americans have never been more disaffected with Washington, seeing it as an intrusive, incompetent, wasteful giant. Ineffective policies are caused by deep structural factors regardless of which party is in charge, bringing our government into ever-worsening disrepute. Understanding why government fails so often--and how it might become more effective--is a vital responsibility of citizenship.In this book, lawyer and political scientist Peter Schuck provides a wide range of examples and an enormous body of evidence to explain why so many domestic policies go awry--and how to right the foundering ship of state. An urgent call for reform, Why Government Fails So Often is essential reading for anyone curious about why government is in such a disgraceful state and how it can do better.

The Broken Branch: How Congress Is Failing America and How to Get It Back on Track


Thomas E. Mann - 2006
    Mann and Norman J. Ornstein, but now it is a broken branch, damaged by partisan bickering and internal rancor. The Broken Branch offers both a brilliant diagnosis of the cause of Congressional decline and a much-needed blueprint for change, from two experts who understand politics and revere our institutions, but believe that Congress has become deeply dysfunctional. Mann and Ornstein, two of the nations most renowned and judicious scholars of government and politics, bring to light the historical roots of Congress's current maladies, examining 40 years of uninterrupted Democratic control of the House and the stunning midterm election victory of 1994 that propelled Republicans into the majority in both House and Senate. The byproduct of that long and grueling but ultimately successful Republican campaign, the authors reveal, was a weakened institution bitterly divided between the parties. They highlight the dramatic shift in Congress from a highly decentralized, committee-based institution into a much more regimented one in which party increasingly trumps committee. The resultant changes in the policy process--the demise of regular order, the decline of deliberation, and the weakening of our system of checks and balances--have all compromised the role of Congress in the American Constitutional system. Indeed, Speaker Dennis Hastert has unabashedly stated that his primary responsibility is to pass the president's legislative program--identifying himself more as a lieutenant of the president than a steward of the house. From tax cuts to the war against Saddam Hussein to a Medicare prescription drug benefit, the legislative process has been bent to serve immediate presidential interests and have often resulted in poorly crafted and stealthily passed laws. Strong majority leadership in Congress, the authors conclude, led not to a vigorous exertion of congressional authority but to a general passivity in the face of executive power. A vivid portrait of an institution that has fallen far from the aspirations of our Founding Fathers, The Broken Branch highlights the costs of a malfunctioning Congress to national policymaking, and outlines what must be done to repair the damage.

Conformity: The Power of Social Influences


Cass R. Sunstein - 2019
    Sunstein reveals the appeal and the danger of conformityWe live in an era of tribalism, polarization, and intense social division--separating people along lines of religion, political conviction, race, ethnicity, and sometimes gender. How did this happen? In Conformity, Cass R. Sunstein argues that the key to making sense of living in this fractured world lies in understanding the idea of conformity--what it is and how it works--as well as the countervailing force of dissent.An understanding of conformity sheds new light on many issues confronting us today: the role of social media, the rise of fake news, the growth of authoritarianism, the success of Donald Trump, the functions of free speech, debates over immigration and the Supreme Court, and much more.Lacking information of our own and seeking the good opinion of others, we often follow the crowd, but Sunstein shows that when individuals suppress their own instincts about what is true and what is right, it can lead to significant social harm. While dissenters tend to be seen as selfish individualists, dissent is actually an important means of correcting the natural human tendency toward conformity and has enormous social benefits in reducing extremism, encouraging critical thinking, and protecting freedom itself.Sunstein concludes that while much of the time it is in the individual's interest to follow the crowd, it is in the social interest for individuals to say and do what they think is best. A well-functioning democracy depends on it.

The Legal Analyst: A Toolkit for Thinking about the Law


Ward Farnsworth - 2007
    Although the tools are far more interesting and useful than the rules, they tend to be neglected in favor of other aspects of the curriculum. In The Legal Analyst, Ward Farnsworth brings together in one place all of the most powerful of those tools for thinking about law.From classic ideas in game theory such as the “Prisoner’s Dilemma” and the “Stag Hunt” to psychological principles such as hindsight bias and framing effects, from ideas in jurisprudence such as the slippery slope to more than two dozen other such principles, Farnsworth’s guide leads readers through the fascinating world of legal thought. Each chapter introduces a single tool and shows how it can be used to solve different types of problems. The explanations are written in clear, lively language and illustrated with a wide range of examples.The Legal Analyst is an indispensable user’s manual for law students, experienced practitioners seeking a one-stop guide to legal principles, or anyone else with an interest in the law.

It Will All Make Sense When You're Dead: Messages From Our Loved Ones in the Spirit World


Priscilla A. Keresey - 2011
    After a brief tale of her own introduction to the paranormal, the author shares funny, poignant, and insightful words straight from the spirit people themselves. Together, the living and the dead seek forgiveness, solve family mysteries, find closure, settle scores, and come together for birthdays, anniversaries, and graduations. Quoting directly from her readings and séances, Priscilla reports the spirit perspective on mental illness, suicide, religion, and even the afterlife itself. For those readers interested in developing their own spirit communication skills, the last section of the book offers meditations and exercises used by the author herself, both personally and with her students. "It Will All Make Sense When You’re Dead" is chock-full of simple and entertaining wisdom, showing us how to live for today, with light hearts and kindness.

The Essential Žižek: The Complete Set: The Sublime Object of Ideology / The Ticklish Subject / The Fragile Absolute / The Plague of Fantasies


Slavoj Žižek - 2009
    His work traverses the fields of philosophy, psychoanalysis, theology, history and political theory, taking in film, popular culture, literature and jokes -- all to provide acute analyses of the complexities of contemporary ideology as well as a serious and sophisticated philosophy. His recent films The Pervert's Guide to the Cinema and Zizek reveal a theorist at the peak of his powers and a skilled communicator. Now Verso are making these four classic titles, that stand as the core of his ever-expanding life's work, available as new editions. Each is beautifully repackaged, including new introductions from Zizek himself. Simply put, they are the essential texts for understanding Zizek's thought and thus cornerstones of contemporary philosophy.

China and the Chinese


Herbert Allen Giles - 1902
    You may find it for free on the web. Purchase of the Kindle edition includes wireless delivery.

State of Exception


Giorgio Agamben - 2003
    Here, distinguished Italian philosopher Giorgio Agamben uses such circumstances to argue that this unusual extension of power, or "state of exception," has historically been an underexamined and powerful strategy that has the potential to transform democracies into totalitarian states.The sequel to Agamben's Homo Sacer: Sovereign Power and Bare Life, State of Exception is the first book to theorize the state of exception in historical and philosophical context. In Agamben's view, the majority of legal scholars and policymakers in Europe as well as the United States have wrongly rejected the necessity of such a theory, claiming instead that the state of exception is a pragmatic question. Agamben argues here that the state of exception, which was meant to be a provisional measure, became in the course of the twentieth century a normal paradigm of government. Writing nothing less than the history of the state of exception in its various national contexts throughout Western Europe and the United States, Agamben uses the work of Carl Schmitt as a foil for his reflections as well as that of Derrida, Benjamin, and Arendt.In this highly topical book, Agamben ultimately arrives at original ideas about the future of democracy and casts a new light on the hidden relationship that ties law to violence.

The Principles of Morals and Legislation


Jeremy Bentham - 1789
    Proceeding from the assumption that human beings desire pleasure (and avoid pain), Bentham's unique perspective, known as utilitarianism, is used to construct a fascinating calculus for determining which action to perform when confronted with situations requiring moral decision-makingthe goal of which is to arrive at the "greatest happiness of the greatest number." Toward this end, he endeavors to delineate the sources and kinds of pleasure and pain and how they can be measured when assessing one's moral options. Bentham supports his arguments with discussions of intentionality, consciousness, motives, and dispositions.Bentham concludes this groundbreaking work with an analysis of punishment: its purpose and the proper role that law and jurisprudence should play in its determination and implementation. Here we find Bentham as social reformer seeking to resolve the tension that inevitably exists when the concerns of the many conflict with individual freedom.The Principles of Morals and Legislation offers readers the rare opportunity to experience one of the great works of moral philosophy, a volume that has influenced the course of ethical theory for over a century.

On Power: The Natural History of Its Growth


Bertrand De Jouvenel - 1945
    This development Jouvenel traces all the way back to the days of royal absolutism, which established large administrative bureaucracies and thus laid the foundation of the modern omnipotent state.On Power is an important work that Professor Angelo M. Petroni of the Luigi Einaudi Center for Research in Torino, Italy, has said is "simply a book that no serious scholar of political science or political philosophy can afford to ignore."Bertrand de Jouvenel was born in Paris in 1903; he traveled widely, becoming an astute observer of British and American institutions. Later in life, he was an author and teacher, first publishing On Power in 1945. Jouvenel died in 1987. Among his other books, besides The Ethics of Redistribution, are Sovereignty: An Inquiry into the Political Good (1957) and The Pure Theory of Politics (1963).

The Spirit of the Laws


Montesquieu - 1748
    This lucid translation renders Montesquieu's problematic text newly accessible to a fresh generation of students, helping them to understand why Montesquieu was such an important figure in the early Enlightenment and why The Spirit of the Laws was such an influence on those who framed the American Constitution. Fully annotated, this edition focuses on Montesquieu's use of sources and his text as a whole, rather than on those opening passages toward which critical energies have traditionally been devoted. A select bibliography and chronology are also provided.

Labor and Legality: An Ethnography of a Mexican Immigrant Network


Ruth Gomberg-Muoz - 2010
    Ruth Gomberg-Mu�oz introduces readers to the Lions, ten friends from Mexico committed to improving their fortunes and the lives of theirfamilies. Set in and around Il Vino, a restaurant that could stand in for many places that employ undocumented workers, Labor and Legality reveals the faces behind the war being waged over illegal aliens in America. Gomberg-Mu�oz focuses on how undocumented workers develop a wide range of socialstrategies to cultivate financial security, nurture emotional well-being, and promote their dignity and self-esteem. She also reviews the political and historical circumstances of undocumented migration, with an emphasis on post-1970 socioeconomic and political conditions in the United States andMexico.Labor and Legality is one of several volumes in the Issues of Globalization: Case Studies in Contemporary Anthropology series, which examines the experiences of individual communities in our contemporary world. Each volume offers a brief and engaging exploration of a particular issue arising fromglobalization and its cultural, political, and economic effects on certain peoples or groups. Ideal for introductory anthropology courses-and as supplements for a variety of upper-level courses-these texts seamlessly combine portraits of an interconnected and globalized world with narratives thatemphasize the agency of their subjects.

Race to Incarcerate


Marc Mauer - 1999
    Called “sober and nuanced” by Publishers Weekly, Race to Incarcerate documents the enormous financial and human toll of the “get tough” movement, and argues for more humane—and productive—alternatives.

Political Theology: Four Chapters on the Concept of Sovereignty


Carl Schmitt - 1922
    Focusing on the relationships among political leadership, the norms of the legal order, and the state of political emergency, Schmitt argues in Political Theology that legal order ultimately rests upon the decisions of the sovereign. According to Schmitt, only the sovereign can meet the needs of an "exceptional" time and transcend legal order so that order can then be reestablished. Convinced that the state is governed by the ever-present possibility of conflict, Schmitt theorizes that the state exists only to maintain its integrity in order to ensure order and stability. Suggesting that all concepts of modern political thought are secularized theological concepts, Schmitt concludes Political Theology with a critique of liberalism and its attempt to depoliticize political thought by avoiding fundamental political decisions.

The Law on Transfer and Business Taxation: With Illustrations, Problems, and Solutions


Hector S. De Leon - 1998