Limits of Legality PDF Download
Are you looking for read ebook online? Search for your book and save it on your Kindle device, PC, phones or tablets. Download Limits of Legality PDF full book. Access full book title Limits of Legality by Jeffrey Brand-Ballard. Download full books in PDF and EPUB format.
Author: Jeffrey Brand-Ballard
Publisher:
ISBN: 0195342291
Category : Law
Languages : en
Pages : 367
Get Book Here
Book Description
Judges sometimes hear cases in which the law, as they honestly understand it, requires results that they consider morally objectionable. Most people assume that, nevertheless, judges have an ethical obligation to apply the law correctly, at least in reasonably just legal systems. This is the view of most lawyers, legal scholars, and private citizens, but the arguments for it have received surprisingly little attention from philosophers. Combiming ethical theory with discussions of caselaw, Jeffrey Brand-Ballard challenges arguments for the traditional view, including arguments from the fact that judges swear oaths to uphold the law, and arguments from our duty to obey the law, among others. He then develops an alternative argument based on ways in which the rule of law promotes the good. Patterns of excessive judicial lawlessness, even when morally motivated, can damage the rule of law. Brand-Ballard explores the conditions under which individual judges are morally responsible for participating in destructive patterns of lawless judging. These arguments build upon recent theories of collective intentionality and presuppose an agent-neutral framework, rather than the agent-relative framework favored by many moral philosophers. Defying the conventional wisdom, Brand-Ballard argues that judges are not always morally obligated to apply the law correctly. Although they have an obligation not to participate in patterns of excessive judicial lawlessness, an individual departure from the law so as to avoid an unjust result is rarely a moral mistake if the rule of law is otherwise healthy. Limits of Legality will interest philosophers, legal scholars, lawyers, and anyone concerned with the ethics of judging.
Author: Jeffrey Brand-Ballard
Publisher:
ISBN: 0195342291
Category : Law
Languages : en
Pages : 367
Get Book Here
Book Description
Judges sometimes hear cases in which the law, as they honestly understand it, requires results that they consider morally objectionable. Most people assume that, nevertheless, judges have an ethical obligation to apply the law correctly, at least in reasonably just legal systems. This is the view of most lawyers, legal scholars, and private citizens, but the arguments for it have received surprisingly little attention from philosophers. Combiming ethical theory with discussions of caselaw, Jeffrey Brand-Ballard challenges arguments for the traditional view, including arguments from the fact that judges swear oaths to uphold the law, and arguments from our duty to obey the law, among others. He then develops an alternative argument based on ways in which the rule of law promotes the good. Patterns of excessive judicial lawlessness, even when morally motivated, can damage the rule of law. Brand-Ballard explores the conditions under which individual judges are morally responsible for participating in destructive patterns of lawless judging. These arguments build upon recent theories of collective intentionality and presuppose an agent-neutral framework, rather than the agent-relative framework favored by many moral philosophers. Defying the conventional wisdom, Brand-Ballard argues that judges are not always morally obligated to apply the law correctly. Although they have an obligation not to participate in patterns of excessive judicial lawlessness, an individual departure from the law so as to avoid an unjust result is rarely a moral mistake if the rule of law is otherwise healthy. Limits of Legality will interest philosophers, legal scholars, lawyers, and anyone concerned with the ethics of judging.
Author: Erich Goode
Publisher: John Wiley & Sons
ISBN: 1118701356
Category : Social Science
Languages : en
Pages : 635
Get Book Here
Book Description
The Handbook of Deviance is a definitive reference for professionals, researchers, and students that provides a comprehensive and engaging introduction to the sociology of deviance. Composed of over 30 essays written by an international array of scholars and meticulously edited by one of the best known authorities on the study of deviance Features chapters on cutting-edge topics, such as terrorism and environmental degradation as forms of deviance Each chapter includes a critical review of what is known about the topic, the current status of the topic, and insights about the future of the topic Covers recent theoretical innovations in the field, including the distinction between positivist and constructionist perspectives on deviance, and the incorporation of physical appearance as a form of deviance
Author: Clifton D. Bryant
Publisher: Taylor & Francis
ISBN: 1317770544
Category : Psychology
Languages : en
Pages : 881
Get Book Here
Book Description
A comprehensive set of readings examining the full range of concerns in the field of deviant behaviour. All the selections are relatively recent and have not appeared in other anthologies.
Author: David Nash
Publisher: Bloomsbury Publishing
ISBN: 1472585291
Category : History
Languages : en
Pages : 345
Get Book Here
Book Description
CHOICE Outstanding Academic Title 2017 Law, Crime and Deviance since 1700 explores the potential for the 'micro-study' approach to the history of crime and legal history. A selection of in-depth narrative micro-studies are featured to illustrate specific issues associated with the theme of crime and the law in historical context. The methodology used unpacks the wider historiographical and contextual issues related to each thematic area and facilitates discussion of the wider implications for the history of crime and social relations. The case studies in the volume cover a range of incidents relating to crime, law and deviant behaviour since 1700, from policing vice in Victorian London to chain gang narratives from the southern United States. The book concludes by demonstrating how these narratives can be brought together to produce a more nuanced history of the area and suggests avenues for future research and study.
Author: Charles H. McCaghy
Publisher: Routledge
ISBN: 131734877X
Category : Social Science
Languages : en
Pages : 449
Get Book Here
Book Description
Using the framework of interest group conflict, this text combines a balanced, comprehensive overview of the field of deviance with first-hand expertise in the workings of the criminal justice system. Deviant Behavior, Seventh Edition, surveys a wide range of topics, from explanations regarding crime and criminal behavior, measurement of crime, violent crime and organizational deviance, to sexual behavior, mental health, and substance abuse. This new edition continues its tradition of applying time-tested, sociological theory to developing social concepts and emerging issues.
Author: Candace Forbes Bright
Publisher: Rowman & Littlefield
ISBN: 1498530478
Category : Social Science
Languages : en
Pages : 155
Get Book Here
Book Description
Deviance is both socially defined and influenced. While it is widely accepted that deviance is a social construction, this research revisits the conceptualization of deviance and advances the methods used to study deviance and social construction. This book presents and compares three methods for conceptualizing deviance within and across cultures. Comparing the United States to South Korea, perceptions of deviance are presented as how individuals define deviance and what acts are cited as deviant. Next, attribute data are used to assess differences in of conceptualizations of deviance by demographic factors. Finally, social network analysis is used to understand the social influences at work in how one perceives deviance. This book is unique in its reconceptualization of deviance and the application of social network analysis as a new tool for studying social influence and perceptions.
Author:
Publisher: BRILL
ISBN: 9004469699
Category : Law
Languages : en
Pages : 386
Get Book Here
Book Description
The New Zealand Yearbook of International Law provides legal materials and critical commentary on issues of international law, addressing trends, state practice and policies in the development of international law in New Zealand, the South Pacific, Antarctica and globally. This Yearbook covers the period 1 January 2019 to 31 December 2019.
Author: W. Wagner
Publisher: Springer
ISBN: 1137357274
Category : Law
Languages : en
Pages : 203
Get Book Here
Book Description
Rogue states' have been high on the policy agenda for many years but their theoretical significance for international relations has remained poorly understood. In contrast to the bulk of writings on 'rogue states' that address them merely as a policy challenge, this book studies what we can learn from deviance about international politics.
Author: Nancy J. Herman
Publisher: Rowman & Littlefield
ISBN: 9781882289387
Category : Social Science
Languages : en
Pages : 648
Get Book Here
Book Description
Part 1 Introduction: What is Deviant Behavior? Chapter 2 Criminology: An Integrationist Perspective Chapter 3 Psychological Theories of Deviance Part 4 Traditional Theories of Deviance Chapter 5 The Normal and the Pathological Chapter 6 Social Structure and Anomie Chapter 7 Illegitimate Means and Delinquent Subcultures Chapter 8 Evaluation of Structural-Functionalist and Anomie Theories Chapter 9 The Theory of Differential Association Chapter 10 Evaluation of Differential Association Theory Chapter 11 A Control Theory of Delinquency Chapter 12 Evaluation of Social Control Theory Part 13 Contemporary Theories of Deviance Chapter 14 Group Conflict Theory as an Explanation of Crime Chapter 15 A Radical Perspective on Crime Chapter 16 Evaluation of Conflict Theory Chapter 17 Secondary Deviance and Role Conceptions Chapter 18 Outsiders Chapter 19 Evaluation of Labeling Theory Part 20 Studying Deviance Chapter 21 Accessing the Stigmatized: Gatekeeper Problems, Obstacles and Impediments to Social Research Chapter 22 Personal Safety in Dangerous Places Part 23 The Deviance-Making Enterprise Chapter 24 Moral Entrepeneurs: The Creation and Enforcement of Deviant Categories Chapter 25 The Social Construction of Deviance: Experts on Battered Women Chapter 26 The 'Discovery' of Child Abuse Chapter 27 The Legislation of Morality: Creating Drug Laws Chapter 28 Medicine as an Institution of Social Control: Consequences for Society Part 29 Organizational Deviance-Beyond the Interpersonal Level Chapter 30 The Making of Blind Men Chapter 31 Record-keeping Practices in the Policing of Deviants Chapter 32 Constructing Probationer Careers: Revocation as Censure Transformation and Tertiary Deviance in the Deviance Amplification Process Chapter 33 The In-patient Phase in the Career of the Psychiatric Patient Chapter 34 Being Sane in Insane Places Part 35 Organizing Deviants-Subcultures and Deviant Activities Chapter 36 The "Mixed Nutters" and "Looney Tuners: " The Emergence, Development, Nature, and Functions of Two Informal, Deviant Subcultures of Chronic Ex-psychiatric Patients Chapter 37 Constructing Women and Their World: The Subculture of Female Impersonation Chapter 38 Into the Darkness: An Ethnographic Study of Witchcraft and Death Chapter 39 The Urban Speed Gang: An Examination of the Subculture of Young Motorcyclists Chapter 40 The Culture of Gangs in the Culture of the School Chapter 41 Parade Strippers: A Note on Being Naked in Public Chapter 42 Knives and Gaffs: Definitions in the Deviant World of Cockfighting Chapter 43 Policing Morality: Impersonal Sex in Public Places Part 44 Becoming Deviant Chapter 45 Paranoia and the Dynamics of Exclusion Chapter 46 Creating Crazies/Making Mentals: The Pre-patient Phase in the Moral Career of the Psychiatric Patient Chapter 47 A Model of Homosexual Identity Formation Chapter 48 Becoming an Addict/Alcoholic Chapter 49 Drifting into Dealing: Becoming a Cocaine Seller Chapter 50 Becoming a Hit Man: Neutralization in a Very Deviant Career Part 51 Managing Stigma/Managing Deviant Identities Chapter 52 Stigma and Social Identity Chapter 53 Deviance as Disavowal: The Managment of Strained Interaction by the Visibly Handicapped Chapter 54 Return to Sender: Reintegrative Stigma-Management Strategies of Ex-Psychiatric Patients Chapter 55 Double Stigma and Boundary Maintenance: How Gay Men Deal with AIDS Chapter 56 Ostomates: Negotiating and Involuntary Identity Part 57 Transforming Deviance Chapter 58 The 'Post' Phase of Deviant Careers: Reintegrating Drug Traffickers Chapter 59 Becoming Normal: Certification as a Stage in Exiting from Crime Chapter 60 Recovery through Self-Help Chapter 61 Gaining and Losing Wei
Author: John Lofland
Publisher: Eliot Werner Publications/Percheron Press
ISBN:
Category : Psychology
Languages : en
Pages : 363
Get Book Here
Book Description
The sociology of deviance was in its heyday when Prentice-Hall published this book in 1969. John Lofland traces the field from pre-World War II to the late sixties and pioneers the application of "grounded theory" to the study of deviant behavior. In his new prologue, Joel Best writes, "More than thirty years after the book first appeared, we have no better synthesis of the labeling approach."
