Author: William Haltom
Publisher: University of Chicago Press
ISBN: 0226314693
Category : Law
Languages : en
Pages : 361
Book Description
In recent years, stories of reckless lawyers and greedy citizens have given the legal system, and victims in general, a bad name. Many Americans have come to believe that we live in the land of the litigious, where frivolous lawsuits and absurdly high settlements reign. Scholars have argued for years that this common view of the depraved ruin of our civil legal system is a myth, but their research and statistics rarely make the news. William Haltom and Michael McCann here persuasively show how popularized distorted understandings of tort litigation (or tort tales) have been perpetuated by the mass media and reform proponents. Distorting the Law lays bare how media coverage has sensationalized lawsuits and sympathetically portrayed corporate interests, supporting big business and reinforcing negative stereotypes of law practices. Based on extensive interviews, nearly two decades of newspaper coverage, and in-depth studies of the McDonald's coffee case and tobacco litigation, Distorting the Law offers a compelling analysis of the presumed litigation crisis, the campaign for tort law reform, and the crucial role the media play in this process.
Distorting the Law
Author: William Haltom
Publisher: University of Chicago Press
ISBN: 0226314693
Category : Law
Languages : en
Pages : 361
Book Description
In recent years, stories of reckless lawyers and greedy citizens have given the legal system, and victims in general, a bad name. Many Americans have come to believe that we live in the land of the litigious, where frivolous lawsuits and absurdly high settlements reign. Scholars have argued for years that this common view of the depraved ruin of our civil legal system is a myth, but their research and statistics rarely make the news. William Haltom and Michael McCann here persuasively show how popularized distorted understandings of tort litigation (or tort tales) have been perpetuated by the mass media and reform proponents. Distorting the Law lays bare how media coverage has sensationalized lawsuits and sympathetically portrayed corporate interests, supporting big business and reinforcing negative stereotypes of law practices. Based on extensive interviews, nearly two decades of newspaper coverage, and in-depth studies of the McDonald's coffee case and tobacco litigation, Distorting the Law offers a compelling analysis of the presumed litigation crisis, the campaign for tort law reform, and the crucial role the media play in this process.
Publisher: University of Chicago Press
ISBN: 0226314693
Category : Law
Languages : en
Pages : 361
Book Description
In recent years, stories of reckless lawyers and greedy citizens have given the legal system, and victims in general, a bad name. Many Americans have come to believe that we live in the land of the litigious, where frivolous lawsuits and absurdly high settlements reign. Scholars have argued for years that this common view of the depraved ruin of our civil legal system is a myth, but their research and statistics rarely make the news. William Haltom and Michael McCann here persuasively show how popularized distorted understandings of tort litigation (or tort tales) have been perpetuated by the mass media and reform proponents. Distorting the Law lays bare how media coverage has sensationalized lawsuits and sympathetically portrayed corporate interests, supporting big business and reinforcing negative stereotypes of law practices. Based on extensive interviews, nearly two decades of newspaper coverage, and in-depth studies of the McDonald's coffee case and tobacco litigation, Distorting the Law offers a compelling analysis of the presumed litigation crisis, the campaign for tort law reform, and the crucial role the media play in this process.
Law's Interior
Author: Kevin Crotty
Publisher: Cornell University Press
ISBN: 150172360X
Category : Literary Criticism
Languages : en
Pages : 244
Book Description
In Law's Interior, Kevin M. Crotty draws on several important literary works to offer a new model of the relationship between citizens and their laws, one that emphasizes the power of law to shape citizens and to foster—or discourage—their autonomy. Crotty maintains that citizens are "inside" the law—they are the law's interior. Literature, he finds, can be relevant to law by emphasizing the connections between law and the world around it—a stance that corrects the tendency of legal theory to treat law as a separate, autonomous entity.The texts Crotty examines—Aeschylus' Oresteia, St. Augustine's Confessions, and the poetry of Wallace Stevens—question the rationalist optimism that Crotty regards as distorting much recent theorizing about law. Further, he asserts that the inability of courts to state clearly the principles animating their decisions demonstrates the stranglehold the positivist model has on us and our legal imaginations.Crotty sketches a model of the relation between citizens and laws that supplements the more familiar idea of law as something deliberated and enacted by rational, inherently autonomous citizens. The most important legal decisions of the past fifty years, Crotty says, rest on the perception that the state, far from merely respecting the "innate" autonomy of its citizens, actively shapes that autonomy. Law's Interior should contribute to a better understanding of the real principles underlying some landmark decisions by the Supreme Court.
Publisher: Cornell University Press
ISBN: 150172360X
Category : Literary Criticism
Languages : en
Pages : 244
Book Description
In Law's Interior, Kevin M. Crotty draws on several important literary works to offer a new model of the relationship between citizens and their laws, one that emphasizes the power of law to shape citizens and to foster—or discourage—their autonomy. Crotty maintains that citizens are "inside" the law—they are the law's interior. Literature, he finds, can be relevant to law by emphasizing the connections between law and the world around it—a stance that corrects the tendency of legal theory to treat law as a separate, autonomous entity.The texts Crotty examines—Aeschylus' Oresteia, St. Augustine's Confessions, and the poetry of Wallace Stevens—question the rationalist optimism that Crotty regards as distorting much recent theorizing about law. Further, he asserts that the inability of courts to state clearly the principles animating their decisions demonstrates the stranglehold the positivist model has on us and our legal imaginations.Crotty sketches a model of the relation between citizens and laws that supplements the more familiar idea of law as something deliberated and enacted by rational, inherently autonomous citizens. The most important legal decisions of the past fifty years, Crotty says, rest on the perception that the state, far from merely respecting the "innate" autonomy of its citizens, actively shapes that autonomy. Law's Interior should contribute to a better understanding of the real principles underlying some landmark decisions by the Supreme Court.
Speak No Evil
Author: Jon B. Gould
Publisher: University of Chicago Press
ISBN: 0226305139
Category : Law
Languages : en
Pages : 255
Book Description
Opponents of speech codes often argue that liberal academics use the codes to advance an agenda of political correctness. But Jon B. Gould's provocative book, based on an enormous amount of empirical evidence, reveals that the real reasons for their growth are to be found in the pragmatic, almost utilitarian, considerations of college administrators. Instituting hate speech policy, he shows, was often a symbolic response taken by university leaders to reassure campus constituencies of their commitment against intolerance. In an academic version of "keeping up with the Joneses," some schools created hate speech codes to remain within what they saw as the mainstream of higher education. Only a relatively small number of colleges crafted codes out of deep commitment to their merits. Although college speech codes have been overturned by the courts, Speak No Evil argues that their rise has still had a profound influence on curtailing speech in other institutions such as the media and has also shaped mass opinion and common understandings of constitutional norms. Ultimately, Gould contends, this kind of informal law can have just as much power as the Constitution.
Publisher: University of Chicago Press
ISBN: 0226305139
Category : Law
Languages : en
Pages : 255
Book Description
Opponents of speech codes often argue that liberal academics use the codes to advance an agenda of political correctness. But Jon B. Gould's provocative book, based on an enormous amount of empirical evidence, reveals that the real reasons for their growth are to be found in the pragmatic, almost utilitarian, considerations of college administrators. Instituting hate speech policy, he shows, was often a symbolic response taken by university leaders to reassure campus constituencies of their commitment against intolerance. In an academic version of "keeping up with the Joneses," some schools created hate speech codes to remain within what they saw as the mainstream of higher education. Only a relatively small number of colleges crafted codes out of deep commitment to their merits. Although college speech codes have been overturned by the courts, Speak No Evil argues that their rise has still had a profound influence on curtailing speech in other institutions such as the media and has also shaped mass opinion and common understandings of constitutional norms. Ultimately, Gould contends, this kind of informal law can have just as much power as the Constitution.
Justice Scalia
Author: Brian G. Slocum
Publisher: University of Chicago Press
ISBN: 022660182X
Category : Law
Languages : en
Pages : 268
Book Description
Justice Antonin Scalia (1936–2016) was the single most important figure in the emergence of the “new originalist” interpretation of the US Constitution, which sought to anchor the court’s interpretation of the Constitution to the ordinary meaning of the words at the time of drafting. For Scalia, the meaning of constitutional provisions and statutes was rigidly fixed by their original meanings with little concern for extratextual considerations. While some lauded his uncompromising principles, others argued that such a rigid view of the Constitution both denies and attempts to limit the discretion of judges in ways that damage and distort our system of law. In this edited collection, leading scholars from law, political science, philosophy, rhetoric, and linguistics look at the ways Scalia framed and stated his arguments. Focusing on rhetorical strategies rather than the logic or validity of Scalia’s legal arguments, the contributors collectively reveal that Scalia enacted his rigidly conservative vision of the law through his rhetorical framing.
Publisher: University of Chicago Press
ISBN: 022660182X
Category : Law
Languages : en
Pages : 268
Book Description
Justice Antonin Scalia (1936–2016) was the single most important figure in the emergence of the “new originalist” interpretation of the US Constitution, which sought to anchor the court’s interpretation of the Constitution to the ordinary meaning of the words at the time of drafting. For Scalia, the meaning of constitutional provisions and statutes was rigidly fixed by their original meanings with little concern for extratextual considerations. While some lauded his uncompromising principles, others argued that such a rigid view of the Constitution both denies and attempts to limit the discretion of judges in ways that damage and distort our system of law. In this edited collection, leading scholars from law, political science, philosophy, rhetoric, and linguistics look at the ways Scalia framed and stated his arguments. Focusing on rhetorical strategies rather than the logic or validity of Scalia’s legal arguments, the contributors collectively reveal that Scalia enacted his rigidly conservative vision of the law through his rhetorical framing.
How Does God's Law Apply to Me?
Author: R. C. Sproul
Publisher: Reformation Trust Publishing
ISBN: 9781642891232
Category : Religion
Languages : en
Pages : 112
Book Description
Christians often struggle to understand the role of God's law in their lives. They may distort the law, turning it into a checklist to try to earn God's favor, or they may live as though the law doesn't apply to them. In this booklet, Dr. R.C. Sproul explains the purpose of the moral law and how it applies to Christians today. As he walks through each of the Ten Commandments, we see that the law doesn't merely expose our sin; it also reveals the character of a holy and gracious God and shows us how to live lives that are pleasing to Him. The Crucial Questions booklet series by Dr. R.C. Sproul offers succinct answers to important questions often asked by Christians and thoughtful inquirers.
Publisher: Reformation Trust Publishing
ISBN: 9781642891232
Category : Religion
Languages : en
Pages : 112
Book Description
Christians often struggle to understand the role of God's law in their lives. They may distort the law, turning it into a checklist to try to earn God's favor, or they may live as though the law doesn't apply to them. In this booklet, Dr. R.C. Sproul explains the purpose of the moral law and how it applies to Christians today. As he walks through each of the Ten Commandments, we see that the law doesn't merely expose our sin; it also reveals the character of a holy and gracious God and shows us how to live lives that are pleasing to Him. The Crucial Questions booklet series by Dr. R.C. Sproul offers succinct answers to important questions often asked by Christians and thoughtful inquirers.
The Distorting Mirror
Author: Laikwan Pang
Publisher: University of Hawaii Press
ISBN: 0824830938
Category : History
Languages : en
Pages : 264
Book Description
The Distorting Mirror analyzes the multiple and complex ways in which urban Chinese subjects saw themselves interacting with the new visual culture that emerged during the turbulent period between the 1880s and the 1930s. The media and visual forms examined include lithography, photography, advertising, film, and theatrical performances. Urbanites actively engaged with and enjoyed this visual culture, which was largely driven by the subjective desire for the empty promises of modernity—promises comprised of such abstract and fleeting concepts as new, exciting, and fashionable. Detailing and analyzing the trajectories of development of various visual representations, Laikwan Pang emphasizes their interactions. In doing so, she demonstrates that visual modernity was not only a combination of independent cultural phenomena, but also a partially coherent sociocultural discourse whose influences were seen in different and collective parts of the culture. The work begins with an overall historical account and theorization of a new lithographic pictorial culture developing at the end of the nineteenth century and an examination of modernity’s obsession with the investigation of the real. Subsequent chapters treat the fascination with the image of the female body in the new visual culture; entertainment venues in which this culture unfolded and was performed; how urbanites came to terms with and interacted with the new reality; and the production and reception of images, the dynamics between these two being a theme explored throughout the book. Modernity, as the author shows, can be seen as spectacle. At the same time, she demonstrates that, although the excessiveness of this spectacle captivated the modern subject, it did not completely overwhelm or immobilize those who engaged with it. After all, she argues, they participated in and performed with this ephemeral visual culture in an attempt to come to terms with their own new, modern self.
Publisher: University of Hawaii Press
ISBN: 0824830938
Category : History
Languages : en
Pages : 264
Book Description
The Distorting Mirror analyzes the multiple and complex ways in which urban Chinese subjects saw themselves interacting with the new visual culture that emerged during the turbulent period between the 1880s and the 1930s. The media and visual forms examined include lithography, photography, advertising, film, and theatrical performances. Urbanites actively engaged with and enjoyed this visual culture, which was largely driven by the subjective desire for the empty promises of modernity—promises comprised of such abstract and fleeting concepts as new, exciting, and fashionable. Detailing and analyzing the trajectories of development of various visual representations, Laikwan Pang emphasizes their interactions. In doing so, she demonstrates that visual modernity was not only a combination of independent cultural phenomena, but also a partially coherent sociocultural discourse whose influences were seen in different and collective parts of the culture. The work begins with an overall historical account and theorization of a new lithographic pictorial culture developing at the end of the nineteenth century and an examination of modernity’s obsession with the investigation of the real. Subsequent chapters treat the fascination with the image of the female body in the new visual culture; entertainment venues in which this culture unfolded and was performed; how urbanites came to terms with and interacted with the new reality; and the production and reception of images, the dynamics between these two being a theme explored throughout the book. Modernity, as the author shows, can be seen as spectacle. At the same time, she demonstrates that, although the excessiveness of this spectacle captivated the modern subject, it did not completely overwhelm or immobilize those who engaged with it. After all, she argues, they participated in and performed with this ephemeral visual culture in an attempt to come to terms with their own new, modern self.
Law and Social Change
Author: Sharyn L Roach Anleu
Publisher: SAGE Publications
ISBN: 1412945607
Category : Social Science
Languages : en
Pages : 313
Book Description
This is a timely new edition of Sharyn L Roach Anleu's invaluable introduction to the sociology of law and its role as a social institution and social process. Discussing current theory and key empirical research from a diverse range of perspectives Law and Social Change gives relevant examples, from various cultures and societies, to provide a sociological view which goes beyond more jurisprudential approaches to law and society. The book: * provides coverage of major classic and contemporary social theories of law * is informed by empirical research drawn from several countries/societies * includes up to date and relevant examples This thoroughly updated edition engages with modern scholarship, and recent research, on globalization whilst also looking at related issues such as the internationalization of law and human rights. It explores recent reforms at local and national levels, including issues of migration and refugees, the regulation of 'anti-social' behaviour, and specialist or problem solving courts and also provides a clear, accessible introduction to research methods used in the socio-legal field. Direct and wide-ranging this text will be essential reading for students and researchers on social science and law courses and in particular, those taking sociology, legal theory, criminology and criminal justice studies.
Publisher: SAGE Publications
ISBN: 1412945607
Category : Social Science
Languages : en
Pages : 313
Book Description
This is a timely new edition of Sharyn L Roach Anleu's invaluable introduction to the sociology of law and its role as a social institution and social process. Discussing current theory and key empirical research from a diverse range of perspectives Law and Social Change gives relevant examples, from various cultures and societies, to provide a sociological view which goes beyond more jurisprudential approaches to law and society. The book: * provides coverage of major classic and contemporary social theories of law * is informed by empirical research drawn from several countries/societies * includes up to date and relevant examples This thoroughly updated edition engages with modern scholarship, and recent research, on globalization whilst also looking at related issues such as the internationalization of law and human rights. It explores recent reforms at local and national levels, including issues of migration and refugees, the regulation of 'anti-social' behaviour, and specialist or problem solving courts and also provides a clear, accessible introduction to research methods used in the socio-legal field. Direct and wide-ranging this text will be essential reading for students and researchers on social science and law courses and in particular, those taking sociology, legal theory, criminology and criminal justice studies.
The Tuttle Twins Learn About The Law
Author: Connor Boyack
Publisher: Libertas Press
ISBN: 0989291227
Category : Law
Languages : en
Pages : 32
Book Description
Until now, freedom-minded parents had no educational material to teach their children the concepts of liberty. The Tuttle Twins series of books helps children learn about political and economic principles in a fun and engaging manner. With colorful illustrations and a fun story, your children will follow Ethan and Emily as they learn about liberty!
Publisher: Libertas Press
ISBN: 0989291227
Category : Law
Languages : en
Pages : 32
Book Description
Until now, freedom-minded parents had no educational material to teach their children the concepts of liberty. The Tuttle Twins series of books helps children learn about political and economic principles in a fun and engaging manner. With colorful illustrations and a fun story, your children will follow Ethan and Emily as they learn about liberty!
Lawyers and Fidelity to Law
Author: W. Bradley Wendel
Publisher: Princeton University Press
ISBN: 0691156212
Category : Law
Languages : en
Pages : 300
Book Description
Even lawyers who obey the law often seem to act unethically--interfering with the discovery of truth, subverting justice, and inflicting harm on innocent people. Standard arguments within legal ethics attempt to show why it is permissible to do something as a lawyer that it would be wrong to do as an ordinary person. But in the view of most critics these arguments fail to turn wrongs into rights. Even many lawyers think legal ethics is flawed because it does not accurately describe the considerable moral value of their work. In Lawyers and Fidelity to Law, Bradley Wendel introduces a new conception of legal ethics that addresses the concerns of lawyers and their critics alike. Wendel proposes an ethics grounded on the political value of law as a collective achievement that settles intractable conflicts, allowing people who disagree profoundly to live together in a peaceful, stable society. Lawyers must be loyal and competent client representatives, Wendel argues, but these obligations must always be exercised within the law that constitutes their own roles and confers rights and duties upon their clients. Lawyers act unethically when they treat the law as an inconvenient obstacle to be worked around and when they twist and distort it to help their clients do what they are not legally entitled to do. Lawyers and Fidelity to Law challenges lawyers and their critics to reconsider the nature and value of ethical representation.
Publisher: Princeton University Press
ISBN: 0691156212
Category : Law
Languages : en
Pages : 300
Book Description
Even lawyers who obey the law often seem to act unethically--interfering with the discovery of truth, subverting justice, and inflicting harm on innocent people. Standard arguments within legal ethics attempt to show why it is permissible to do something as a lawyer that it would be wrong to do as an ordinary person. But in the view of most critics these arguments fail to turn wrongs into rights. Even many lawyers think legal ethics is flawed because it does not accurately describe the considerable moral value of their work. In Lawyers and Fidelity to Law, Bradley Wendel introduces a new conception of legal ethics that addresses the concerns of lawyers and their critics alike. Wendel proposes an ethics grounded on the political value of law as a collective achievement that settles intractable conflicts, allowing people who disagree profoundly to live together in a peaceful, stable society. Lawyers must be loyal and competent client representatives, Wendel argues, but these obligations must always be exercised within the law that constitutes their own roles and confers rights and duties upon their clients. Lawyers act unethically when they treat the law as an inconvenient obstacle to be worked around and when they twist and distort it to help their clients do what they are not legally entitled to do. Lawyers and Fidelity to Law challenges lawyers and their critics to reconsider the nature and value of ethical representation.
The Bible in American Law and Politics
Author: John R. Vile
Publisher: Rowman & Littlefield
ISBN: 1538141671
Category : Religion
Languages : en
Pages : 679
Book Description
While scholars increasingly recognize the importance of religion throughout American history, The Bible in American Law and Politics is the first reference book to focus on the key role that the Bible has played in American public life. In considering revolting from Great Britain, Americans contemplated whether this was consistent with scripture. Americans subsequently sought to apply Biblical passages to such issues as slavery, women’s rights, national alcoholic prohibition, issues of war and peace, and the like. American presidents continue to take their oath on the Bible. Some of America’s greatest speeches, for example, Lincoln’s Second Inaugural and William Jennings Bryan’s Cross of Gold speech, have been grounded on Biblical texts or analogies. Today, Americans continue to cite the Bible for positions as diverse as LGBTQ rights, abortion, immigration, welfare, health care, and other contemporary issues. By providing essays on key speeches, books, documents, legal decisions, and other writings throughout American history that have sought to buttress arguments through citations to Scriptures or to Biblical figures, John Vile provides an indispensable guide for scholars and students in religion, American history, law, and political science to understand how Americans throughout its history have interpreted and applied the Bible to legal and political issues.
Publisher: Rowman & Littlefield
ISBN: 1538141671
Category : Religion
Languages : en
Pages : 679
Book Description
While scholars increasingly recognize the importance of religion throughout American history, The Bible in American Law and Politics is the first reference book to focus on the key role that the Bible has played in American public life. In considering revolting from Great Britain, Americans contemplated whether this was consistent with scripture. Americans subsequently sought to apply Biblical passages to such issues as slavery, women’s rights, national alcoholic prohibition, issues of war and peace, and the like. American presidents continue to take their oath on the Bible. Some of America’s greatest speeches, for example, Lincoln’s Second Inaugural and William Jennings Bryan’s Cross of Gold speech, have been grounded on Biblical texts or analogies. Today, Americans continue to cite the Bible for positions as diverse as LGBTQ rights, abortion, immigration, welfare, health care, and other contemporary issues. By providing essays on key speeches, books, documents, legal decisions, and other writings throughout American history that have sought to buttress arguments through citations to Scriptures or to Biblical figures, John Vile provides an indispensable guide for scholars and students in religion, American history, law, and political science to understand how Americans throughout its history have interpreted and applied the Bible to legal and political issues.