Book picks similar to
The Blackwell Companion to Law and Society by Austin Sarat
law
law-punishment
non-fic---law-and-crime
sociology
Life Without Lawyers: Liberating Americans from Too Much Law
Philip K. Howard - 2009
Howard's urgent and elegant argument is full of examples, often darkly humorous. He describes the historical and cultural forces that led to this mess, and he lays out the basic shift in approach needed to fix it. Today we are flooded with rules and legal threats that prevent us from taking responsibility and using our common sense. We must rebuild boundaries of law that affirmatively protect an open field of freedom. The stories here will ring true to every reader. The analysis is powerful, and the solution unavoidable. What's at stake, Howard explains in this seminal book, is the vitality of American culture.
Justice: Rights and Wrongs
Nicholas Wolterstorff - 2007
Nicholas Wolterstorff discusses what it is to have a right, and he locates rights in the respect due the worth of the rights-holder. After contending that socially-conferred rights require the existence of natural rights, he argues that no secular account of natural human rights is successful; he offers instead a theistic account. Wolterstorff prefaces his systematic account of justice as grounded in rights with an exploration of the common claim that rights-talk is inherently individualistic and possessive. He demonstrates that the idea of natural rights originated neither in the Enlightenment nor in the individualistic philosophy of the late Middle Ages, but was already employed by the canon lawyers of the twelfth century. He traces our intuitions about rights and justice back even further, to Hebrew and Christian scriptures. After extensively discussing justice in the Old Testament and the New, he goes on to show why ancient Greek and Roman philosophy could not serve as a framework for a theory of rights. Connecting rights and wrongs to God's relationship with humankind, Justice not only offers a rich and compelling philosophical account of justice, but also makes an important contribution to overcoming the present-day divide between religious discourse and human rights.
Between Facts & Norms: Contributions to a Discourse Theory of Law & Democracy (Studies in Contemporary German Social Thought)
Jürgen Habermas - 1992
This new work is a major contribution to recent debates on the rule of law and the possibilities of democracy in postindustrial societies, but it is much more. The introduction by William Rehg succinctly captures the special nature of the work, noting that it offers a sweeping, sociologically informed conceptualization of law and basic rights, a normative account of the rule of law and the constitutional state, an attempt to bridge normative and empirical approaches to democracy, and an account of the social context required for democracy. Finally, the work frames and caps these arguments with a bold proposal for a new paradigm of law that goes beyond the dichotomies that have afflicted modern political theory from its inception and that still underlie current controversies between so-called liberals and civic republicans. The book includes a postscript written in 1994, which restates the argument in light of its initial reception, and two appendixes, which cover key developments that preceded the book. Habermas himself was actively involved in the translation, adapting the text as necessary to make it more accessible to English-speaking readers.
Free Speech for Me—But Not for Thee: How the American Left and Right Relentlessly Censor Each Other
Nat Hentoff - 1992
His principled advocacy of free expression for all seems to be needed more than ever today, at a time of appalling assaults on expression not only by traditional opponents on the political right—those offended by what they consider obscene or radical or otherwise taboo—but also from the left—radical feminists calling for the suppression of pornography, members of minorities banning language they consider psychologically damaging, and various other proponents of so-called political correctness. These more recently minted censors are now to be found within such former bastions of free speech as the universities and even the American Civil Liberties Union. This urgently important book is not a mere collection of legal cases; neither is it a history of free expression or a polemic from either left or right. It is rather a wide-ranging report on—and analysis of—the many kinds of conflicts throughout our country between the illusion that this is a land of unfettered free speech and the reality when that illusion is acted upon. It is a book of many stories—of the continuing efforts to deprive students of Mark Twain's masterpiece, Huckleberry Finn, and of attempts to deprive other students of the right not to read books that offend them; of the well-intentioned rulings that result in speech codes and loyalty oaths; of the wide-spread lack of understanding, over the years, of such basic concepts as the marketplace of ideas and of the overriding value of untrammeled speech. Free Speech for Me—But Not for Thee is a book about fear, duplicity, some courage, a lot of hypocrisy, and a good deal of irony. It is a book of dramatic confrontations, of people acting, for better or for worse, on one of the most important of our domestic battlefields. And above all, it presents hopeful, practical suggestions for ways toward saving perhaps the most fragile of our cherished freedoms.
Thieves of State: Why Corruption Threatens Global Security
Sarah Chayes - 2015
Every day a new blaze seems to ignite: the bloody implosion of Iraq and Syria; the East-West standoff in Ukraine; abducted schoolgirls in Nigeria. Is there some thread tying these frightening international security crises together? In a riveting account that weaves history with fast-moving reportage and insider accounts from the Afghanistan war, Sarah Chayes identifies the unexpected link: corruption.Since the late 1990s, corruption has reached such an extent that some governments resemble glorified criminal gangs, bent solely on their own enrichment. These kleptocrats drive indignant populations to extremes—ranging from revolution to militant puritanical religion. Chayes plunges readers into some of the most venal environments on earth and examines what emerges: Afghans returning to the Taliban, Egyptians overthrowing the Mubarak government (but also redesigning Al-Qaeda), and Nigerians embracing both radical evangelical Christianity and the Islamist terror group Boko Haram. In many such places, rigid moral codes are put forth as an antidote to the collapse of public integrity.The pattern, moreover, pervades history. Through deep archival research, Chayes reveals that canonical political thinkers such as John Locke and Machiavelli, as well as the great medieval Islamic statesman Nizam al-Mulk, all named corruption as a threat to the realm. In a thrilling argument connecting the Protestant Reformation to the Arab Spring, Thieves of State presents a powerful new way to understand global extremism. And it makes a compelling case that we must confront corruption, for it is a cause—not a result—of global instability.
Law's Order: What Economics Has to Do with Law and Why It Matters
David D. Friedman - 2000
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.
Radical Markets: Uprooting Capitalism and Democracy for a Just Society
Eric A. Posner - 2018
The solution is to rein in the market, right? Radical Markets turns this thinking--and pretty much all conventional thinking about markets, both for and against--on its head. The book reveals bold new ways to organize markets for the good of everyone. It shows how the emancipatory force of genuinely open, free, and competitive markets can reawaken the dormant nineteenth-century spirit of liberal reform and lead to greater equality, prosperity, and cooperation.Eric Posner and Glen Weyl demonstrate why private property is inherently monopolistic, and how we would all be better off if private ownership were converted into a public auction for public benefit. They show how the principle of one person, one vote inhibits democracy, suggesting instead an ingenious way for voters to effectively influence the issues that matter most to them. They argue that every citizen of a host country should benefit from immigration--not just migrants and their capitalist employers. They propose leveraging antitrust laws to liberate markets from the grip of institutional investors and creating a data labor movement to force digital monopolies to compensate people for their electronic data.Only by radically expanding the scope of markets can we reduce inequality, restore robust economic growth, and resolve political conflicts. But to do that, we must replace our most sacred institutions with truly free and open competition--Radical Markets shows how.
Universal Declaration of Human Rights
United Nations - 1948
The Guinness Book of Records describes the UDHR as the "Most Translated Document" in the world. It consists of thirty articles which outline the view of the General Assembly on the human rights guaranteed to all people. The International Bill of Human Rights consists of the Universal Declaration of Human Rights, the International Covenant on Economic, Social & Cultural Rights, & the International Covenant on Civil & Political Rights & its two Optional Protocols. In 1966 the General Assembly adopted the two detailed Covenants which complete the International Bill of Human Rights. In 1976, after the Covenants had been ratified by a sufficient number of individual nations, the Bill took on the force of international law.
Sense and Nonsense about Crime and Drugs: A Policy Guide
Samuel E. Walker - 1988
Described as a "masterful critique" of American policies - on everything from crime control to guns to drugs - Walker cuts through myths and political rhetoric and confronts both conservative and liberal propositions relative to current research and proven effectiveness. The result is a research-based, lucid work that stimulates critical thinking and enlivens class discussions. Walker captures the complexity of the administration of justice while providing students with a clear sense of the general patterns.
The Harm in Hate Speech
Jeremy Waldron - 2012
For constitutionalists, regulation of hate speech violates the First Amendment and damages a free society. Against this absolutist view, Jeremy Waldron argues powerfully that hate speech should be regulated as part of our commitment to human dignity and to inclusion and respect for members of vulnerable minorities.Causing offense--by depicting a religious leader as a terrorist in a newspaper cartoon, for example--is not the same as launching a libelous attack on a group's dignity, according to Waldron, and it lies outside the reach of law. But defamation of a minority group, through hate speech, undermines a public good that can and should be protected: the basic assurance of inclusion in society for all members. A social environment polluted by anti-gay leaflets, Nazi banners, and burning crosses sends an implicit message to the targets of such hatred: your security is uncertain and you can expect to face humiliation and discrimination when you leave your home.Free-speech advocates boast of despising what racists say but defending to the death their right to say it. Waldron finds this emphasis on intellectual resilience misguided and points instead to the threat hate speech poses to the lives, dignity, and reputations of minority members. Finding support for his view among philosophers of the Enlightenment, Waldron asks us to move beyond knee-jerk American exceptionalism in our debates over the serious consequences of hateful speech.
Now I Walk on Death Row: A Wall Street Finance Lawyer Stumbles Into the Arms of a Loving God
Dale S. Recinella - 2011
A successful finance lawyer began to ask, What does Jesus want me to do? The answer led him to became a chaplain to death row inmates.
Liberty in the Age of Terror: A Defence of Civil Liberties and Enlightenment Values
A.C. Grayling - 2009
Starting a war 'to promote freedom and democracy' could in certain though rare circumstances be a justified act; but in the case of the Second Gulf War that began in 2003, which involved reacting to criminals hiding in one country (Al Qaeda in Afghanistan or Pakistan) by invading another country (Iraq), one of the main fronts has, dismayingly, been the home front, where the War on Terror takes the form of a War on Civil Liberties in the spurious name of security. To defend 'freedom and democracy', Western governments attack and diminish freedom and democracy in their own country. By this logic, someone will eventually have to invade the US and UK to restore freedom and democracy to them.'In this lucid and timely book, Grayling sets out what's at risk, engages with the arguments for and against examining the cases made by Isaiah Berlin and Ronald Dworkin on the one hand, and Roger Scruton and John Gray on the other, and finally proposes a different way to respond that makes defending the civil liberties on which western society is founded the cornerstone for defeating terrorism.
Considerations on Representative Government
John Stuart Mill - 1861
The reader may sense that Mill is being pulled in opposing directions: steadfastly committed to majority rule with minority rights while at the same time being just enough of an aristocrat to believe that the masses need examplars to emulate.On Representative Government is one of the most compelling political essays of the 19th century.
Political Ideals
Bertrand Russell - 1917
It is, in many ways, a statement, of Russell's beliefs, a declaration of the ideas that influenced his thinking on the major events of the 20th century. In this sense, it is essential reading for every student of this great philosopher.
The Great American Divorce: Why Our Country Is Coming Apart—And Why It Might Be for the Best
David Austin French - 2020