Author: Alison L. LaCroix
Publisher:
ISBN: 0190873450
Category : Law
Languages : en
Pages : 385
Book Description
Power, Prose, and Purse is an edited collection of essays that draw connections between literature, economics and law. The essays discuss novels that explore the time period between the Industrial Revolution and the Great Depression and analyze the insights that novelists may offer to law and economics, while noting the tensions among these paradigms.
Power, Prose, and Purse
Author: Alison L. LaCroix
Publisher:
ISBN: 0190873450
Category : Law
Languages : en
Pages : 385
Book Description
Power, Prose, and Purse is an edited collection of essays that draw connections between literature, economics and law. The essays discuss novels that explore the time period between the Industrial Revolution and the Great Depression and analyze the insights that novelists may offer to law and economics, while noting the tensions among these paradigms.
Publisher:
ISBN: 0190873450
Category : Law
Languages : en
Pages : 385
Book Description
Power, Prose, and Purse is an edited collection of essays that draw connections between literature, economics and law. The essays discuss novels that explore the time period between the Industrial Revolution and the Great Depression and analyze the insights that novelists may offer to law and economics, while noting the tensions among these paradigms.
Cannons and Codes
Author: Alison L. LaCroix
Publisher: Oxford University Press, USA
ISBN: 0197509371
Category : American literature
Languages : en
Pages : 345
Book Description
This edited volume on war in law and literature addresses the many ways in which war affects human society and the many groups of people whose lives are affected by war. The essays, by preeminent scholars, discuss the ways in which literary works can shed light on legal thinking about war, and how a deep understanding of law can lead to interpretive insights on literary works. Some concern the lives of soldiers; others focus on civilians living in war zones, whoare caught up in the conflict; still others address themselves to the home front, far from the theatre of war. By collecting such diverse perspectives, with contributions from preeminent scholars of philosophy, literature, and law, this volume aims to show how literature has reflected the totalizingnature of war and the ways in which it distorts law across domains.
Publisher: Oxford University Press, USA
ISBN: 0197509371
Category : American literature
Languages : en
Pages : 345
Book Description
This edited volume on war in law and literature addresses the many ways in which war affects human society and the many groups of people whose lives are affected by war. The essays, by preeminent scholars, discuss the ways in which literary works can shed light on legal thinking about war, and how a deep understanding of law can lead to interpretive insights on literary works. Some concern the lives of soldiers; others focus on civilians living in war zones, whoare caught up in the conflict; still others address themselves to the home front, far from the theatre of war. By collecting such diverse perspectives, with contributions from preeminent scholars of philosophy, literature, and law, this volume aims to show how literature has reflected the totalizingnature of war and the ways in which it distorts law across domains.
The Limits of Criminological Positivism
Author: Michele Pifferi
Publisher: Routledge
ISBN: 1000476294
Category : History
Languages : en
Pages : 302
Book Description
The Limits of Criminological Positivism: The Movement for Criminal Law Reform in the West, 1870-1940 presents the first major study of the limits of criminological positivism in the West and establishes the subject as a field of interest. The volume will explore those limits and bring to life the resulting doctrinal, procedural, and institutional compromises of the early twentieth century that might be said to have defined modern criminal justice administration. The book examines the topic not only in North America and western Europe, with essays on Italy, Germany, France, Spain, the United Kingdom, Belgium, and Finland but also the reception and implementation of positivist ideas in Brazil. In doing so, it explores three comparative elements: (1) the differing national experiences within the civil law world; (2) differences and similarities between civil law and common law regimes; and (3) some differences between the two leading common-law countries. It interrogates many key aspects of current penal systems, such as the impact of extra-legal scientific knowledge on criminal law, preventive detention, the ‘dual-track’ system with both traditional punishment and novel measures of security, the assessment of offenders’ dangerousness, juvenile justice, and the indeterminate sentence. As a result, this study contributes to a critical understanding of some inherent contradictions characterizing criminal justice in contemporary western societies. Written in a straight-forward and direct manner, this volume will be of great interest to academics and students researching historical criminology, philosophy, political science, and legal history.
Publisher: Routledge
ISBN: 1000476294
Category : History
Languages : en
Pages : 302
Book Description
The Limits of Criminological Positivism: The Movement for Criminal Law Reform in the West, 1870-1940 presents the first major study of the limits of criminological positivism in the West and establishes the subject as a field of interest. The volume will explore those limits and bring to life the resulting doctrinal, procedural, and institutional compromises of the early twentieth century that might be said to have defined modern criminal justice administration. The book examines the topic not only in North America and western Europe, with essays on Italy, Germany, France, Spain, the United Kingdom, Belgium, and Finland but also the reception and implementation of positivist ideas in Brazil. In doing so, it explores three comparative elements: (1) the differing national experiences within the civil law world; (2) differences and similarities between civil law and common law regimes; and (3) some differences between the two leading common-law countries. It interrogates many key aspects of current penal systems, such as the impact of extra-legal scientific knowledge on criminal law, preventive detention, the ‘dual-track’ system with both traditional punishment and novel measures of security, the assessment of offenders’ dangerousness, juvenile justice, and the indeterminate sentence. As a result, this study contributes to a critical understanding of some inherent contradictions characterizing criminal justice in contemporary western societies. Written in a straight-forward and direct manner, this volume will be of great interest to academics and students researching historical criminology, philosophy, political science, and legal history.
Realigners
Author: Timothy Shenk
Publisher: Farrar, Straus and Giroux
ISBN: 0374718636
Category : History
Languages : en
Pages : 257
Book Description
One of The Wall Street Journal’s best political books of 2022 An eye-opening new history of American political conflict, from Alexander Hamilton to Alexandria Ocasio-Cortez. These days it seems that nobody is satisfied with American democracy. Critics across the ideological spectrum warn that the country is heading toward catastrophe but also complain that nothing seems to change. At the same time, many have begun to wonder if the gulf between elites and ordinary people has turned democracy itself into a myth. The urges to defend the country’s foundations and to dismantle them coexist—often within the same people. How did we get here? Why does it feel like the country is both grinding to a halt and falling to pieces? In Realigners, the historian Timothy Shenk offers an eye-opening new biography of the American political tradition. In a history that runs from the drafting of the Constitution to the storming of the Capitol, Shenk offers sharp pen portraits of signal characters from James Madison and Charles Sumner to Phyllis Schlafly and Barack Obama. The result is an entertaining and provocative reassessment of the people who built the electoral coalitions that defined American democracy—and a guide for a time when figures ranging from Alexandria Ocasio-Cortez to MAGA-minded nationalists seek to turn radical dreams into political realities. In an era when it seems democracy is caught in perpetual crisis, Realigners looks at earlier moments in which popular majorities transformed American life. We’ve had those moments before. And if there’s an escape from the doom loop that American politics has become, it’s because we might have one again.
Publisher: Farrar, Straus and Giroux
ISBN: 0374718636
Category : History
Languages : en
Pages : 257
Book Description
One of The Wall Street Journal’s best political books of 2022 An eye-opening new history of American political conflict, from Alexander Hamilton to Alexandria Ocasio-Cortez. These days it seems that nobody is satisfied with American democracy. Critics across the ideological spectrum warn that the country is heading toward catastrophe but also complain that nothing seems to change. At the same time, many have begun to wonder if the gulf between elites and ordinary people has turned democracy itself into a myth. The urges to defend the country’s foundations and to dismantle them coexist—often within the same people. How did we get here? Why does it feel like the country is both grinding to a halt and falling to pieces? In Realigners, the historian Timothy Shenk offers an eye-opening new biography of the American political tradition. In a history that runs from the drafting of the Constitution to the storming of the Capitol, Shenk offers sharp pen portraits of signal characters from James Madison and Charles Sumner to Phyllis Schlafly and Barack Obama. The result is an entertaining and provocative reassessment of the people who built the electoral coalitions that defined American democracy—and a guide for a time when figures ranging from Alexandria Ocasio-Cortez to MAGA-minded nationalists seek to turn radical dreams into political realities. In an era when it seems democracy is caught in perpetual crisis, Realigners looks at earlier moments in which popular majorities transformed American life. We’ve had those moments before. And if there’s an escape from the doom loop that American politics has become, it’s because we might have one again.
The Empire of Disgust
Author: Zoya Hasan
Publisher: Oxford University Press
ISBN: 0199093768
Category : Political Science
Languages : en
Pages : 552
Book Description
All known societies exclude one or more minority groups, frequently employing a rhetoric of disgust to justify stigmatization. For instance, in European anti-Semitism, Jews were considered hyper-physical and crafty; some upper-caste Hindus find the lower castes dirty and untouchable; and people with physical disabilities have been considered subhuman and repulsive. Exclusions vary in their scope and also in the specific disgust-ideologies underlying them. In The Empire of Disgust, scholars present an interdisciplinary and comparative study of varieties of stigma and prejudice in India and USA—along the axes of caste, race, gender identity, age, sexual orientation, disability, ethnicity, religion, and economic class—pervading contemporary social and political life. In examining these forms of stigma and their intersections, the contributors present theoretically pluralistic and empirically sensitive accounts that explain group-based stigma and suggest forward-looking remedies, including group resistance to subordination as well as institutional and legal change, equipped to eliminate stigma in its multifaceted forms.
Publisher: Oxford University Press
ISBN: 0199093768
Category : Political Science
Languages : en
Pages : 552
Book Description
All known societies exclude one or more minority groups, frequently employing a rhetoric of disgust to justify stigmatization. For instance, in European anti-Semitism, Jews were considered hyper-physical and crafty; some upper-caste Hindus find the lower castes dirty and untouchable; and people with physical disabilities have been considered subhuman and repulsive. Exclusions vary in their scope and also in the specific disgust-ideologies underlying them. In The Empire of Disgust, scholars present an interdisciplinary and comparative study of varieties of stigma and prejudice in India and USA—along the axes of caste, race, gender identity, age, sexual orientation, disability, ethnicity, religion, and economic class—pervading contemporary social and political life. In examining these forms of stigma and their intersections, the contributors present theoretically pluralistic and empirically sensitive accounts that explain group-based stigma and suggest forward-looking remedies, including group resistance to subordination as well as institutional and legal change, equipped to eliminate stigma in its multifaceted forms.
Citadels of Pride: Sexual Abuse, Accountability, and Reconciliation
Author: Martha C. Nussbaum
Publisher: W. W. Norton & Company
ISBN: 1324004126
Category : Law
Languages : en
Pages : 315
Book Description
A groundbreaking exploration of sexual violence by one of our most celebrated experts in law and philosophy. In this essential philosophical and practical reckoning, Martha C. Nussbaum, renowned for her eloquence and clarity of moral vision, shows how sexual abuse and harassment derive from using people as things to one’s own benefit—like other forms of exploitation, they are rooted in the ugly emotion of pride. She exposes three “Citadels of Pride” and the men who hoard power at the apex of each. In the judiciary, the arts, and sports, Nussbaum analyzes how pride perpetuates systemic sexual abuse, narcissism, and toxic masculinity. The courage of many has brought about some reforms, but justice is still elusive—warped sometimes by money, power, or inertia; sometimes by a collective desire for revenge. By analyzing the effects of law and public policy on our ever-evolving definitions of sexual violence, Nussbaum clarifies how gaps in U.S. law allow this violence to proliferate; why criminal laws dealing with sexual assault and Title VII, the federal law that is the basis for sexual harassment doctrine, need to be complemented by an understanding of the distorted emotions that breed abuse; and why anger and vengeance rarely achieve lasting change. Citadels of Pride offers a damning indictment of the culture of male power that insulates high-profile abusers from accountability. Yet Nussbaum offers a hopeful way forward, envisioning a future in which, as survivors mobilize to tell their stories and institutions pursue fair and nuanced reform, we might fully recognize the equal dignity of all people.
Publisher: W. W. Norton & Company
ISBN: 1324004126
Category : Law
Languages : en
Pages : 315
Book Description
A groundbreaking exploration of sexual violence by one of our most celebrated experts in law and philosophy. In this essential philosophical and practical reckoning, Martha C. Nussbaum, renowned for her eloquence and clarity of moral vision, shows how sexual abuse and harassment derive from using people as things to one’s own benefit—like other forms of exploitation, they are rooted in the ugly emotion of pride. She exposes three “Citadels of Pride” and the men who hoard power at the apex of each. In the judiciary, the arts, and sports, Nussbaum analyzes how pride perpetuates systemic sexual abuse, narcissism, and toxic masculinity. The courage of many has brought about some reforms, but justice is still elusive—warped sometimes by money, power, or inertia; sometimes by a collective desire for revenge. By analyzing the effects of law and public policy on our ever-evolving definitions of sexual violence, Nussbaum clarifies how gaps in U.S. law allow this violence to proliferate; why criminal laws dealing with sexual assault and Title VII, the federal law that is the basis for sexual harassment doctrine, need to be complemented by an understanding of the distorted emotions that breed abuse; and why anger and vengeance rarely achieve lasting change. Citadels of Pride offers a damning indictment of the culture of male power that insulates high-profile abusers from accountability. Yet Nussbaum offers a hopeful way forward, envisioning a future in which, as survivors mobilize to tell their stories and institutions pursue fair and nuanced reform, we might fully recognize the equal dignity of all people.
Global Justice in a Democratic World
Author: Justyna Miklaszewska
Publisher: Rowman & Littlefield
ISBN: 1538150980
Category : Political Science
Languages : en
Pages : 276
Book Description
This book offers a comparative analysis of the theories of justice developed by Rawls, Sen and Nussbaum, and aims to demonstrate their mutual relationship. All three liberal theories significantly enrich the set of fundamental principles of morality that concerns the sphere of political action. The novelty of Sen’s and Nussbaum’s capability approach in comparison with Rawls is that they discuss the problem of social justice on a global scale. They do not try to extend and adjust the two principles of justice to the whole of mankind, nor do they treat the difference principle as to be applied everywhere. Instead, they present their own cosmopolitan approach to applying their theories of justice to take into account issues which are neglected or insufficiently developed by Rawls, such as global inequalities, discrimination against women, the rights of people with disabilities, and animal rights. These theories can be described as an alternative to the crucial objection towards Rawls’ work that this theory of justice does not address these important global problems.
Publisher: Rowman & Littlefield
ISBN: 1538150980
Category : Political Science
Languages : en
Pages : 276
Book Description
This book offers a comparative analysis of the theories of justice developed by Rawls, Sen and Nussbaum, and aims to demonstrate their mutual relationship. All three liberal theories significantly enrich the set of fundamental principles of morality that concerns the sphere of political action. The novelty of Sen’s and Nussbaum’s capability approach in comparison with Rawls is that they discuss the problem of social justice on a global scale. They do not try to extend and adjust the two principles of justice to the whole of mankind, nor do they treat the difference principle as to be applied everywhere. Instead, they present their own cosmopolitan approach to applying their theories of justice to take into account issues which are neglected or insufficiently developed by Rawls, such as global inequalities, discrimination against women, the rights of people with disabilities, and animal rights. These theories can be described as an alternative to the crucial objection towards Rawls’ work that this theory of justice does not address these important global problems.
The Monarchy of Fear
Author: Martha C. Nussbaum
Publisher: Simon & Schuster
ISBN: 1501172514
Category : Political Science
Languages : en
Pages : 272
Book Description
From one of the world’s most celebrated moral philosophers comes a thorough examination of the current political crisis and recommendations for how to mend our divided country. For decades Martha C. Nussbaum has been an acclaimed scholar and humanist, earning dozens of honors for her books and essays. In The Monarchy of Fear she turns her attention to the current political crisis that has polarized American since the 2016 election. Although today’s atmosphere is marked by partisanship, divisive rhetoric, and the inability of two halves of the country to communicate with one another, Nussbaum focuses on what so many pollsters and pundits have overlooked. She sees a simple truth at the heart of the problem: the political is always emotional. Globalization has produced feelings of powerlessness in millions of people in the West. That sense of powerlessness bubbles into resentment and blame. Blame of immigrants. Blame of Muslims. Blame of other races. Blame of cultural elites. While this politics of blame is exemplified by the election of Donald Trump and the vote for Brexit, Nussbaum argues it can be found on all sides of the political spectrum, left or right. Drawing on a mix of historical and contemporary examples, from classical Athens to the musical Hamilton, The Monarchy of Fear untangles this web of feelings and provides a roadmap of where to go next.
Publisher: Simon & Schuster
ISBN: 1501172514
Category : Political Science
Languages : en
Pages : 272
Book Description
From one of the world’s most celebrated moral philosophers comes a thorough examination of the current political crisis and recommendations for how to mend our divided country. For decades Martha C. Nussbaum has been an acclaimed scholar and humanist, earning dozens of honors for her books and essays. In The Monarchy of Fear she turns her attention to the current political crisis that has polarized American since the 2016 election. Although today’s atmosphere is marked by partisanship, divisive rhetoric, and the inability of two halves of the country to communicate with one another, Nussbaum focuses on what so many pollsters and pundits have overlooked. She sees a simple truth at the heart of the problem: the political is always emotional. Globalization has produced feelings of powerlessness in millions of people in the West. That sense of powerlessness bubbles into resentment and blame. Blame of immigrants. Blame of Muslims. Blame of other races. Blame of cultural elites. While this politics of blame is exemplified by the election of Donald Trump and the vote for Brexit, Nussbaum argues it can be found on all sides of the political spectrum, left or right. Drawing on a mix of historical and contemporary examples, from classical Athens to the musical Hamilton, The Monarchy of Fear untangles this web of feelings and provides a roadmap of where to go next.
To Shape a New World
Author: Tommie Shelby
Publisher: Harvard University Press
ISBN: 067491984X
Category : Philosophy
Languages : en
Pages : 463
Book Description
“Fascinating and instructive...King’s philosophy, speaking to us through the written word, may turn out to constitute his most enduring legacy.” —Annette Gordon-Reed, New York Review of Books Martin Luther King, Jr., is one of America’s most revered figures, yet despite his mythic stature, the significance of his political thought remains underappreciated. In this indispensable reappraisal, leading scholars—including Cornel West, Martha Nussbaum, and Danielle Allen—consider the substance of his lesser known writings on racism, economic inequality, virtue ethics, just-war theory, reparations, voting rights, civil disobedience, and social justice and find in them an array of compelling challenges to some of the most pressing political dilemmas of our time. “King was not simply a compelling speaker, but a deeply philosophical intellectual...We still have much to learn from him.” —Quartz “A compelling work of philosophy, all the more so because it treats King seriously without inoculating him from the kind of critique important to both his theory and practice.” —Los Angeles Review of Books
Publisher: Harvard University Press
ISBN: 067491984X
Category : Philosophy
Languages : en
Pages : 463
Book Description
“Fascinating and instructive...King’s philosophy, speaking to us through the written word, may turn out to constitute his most enduring legacy.” —Annette Gordon-Reed, New York Review of Books Martin Luther King, Jr., is one of America’s most revered figures, yet despite his mythic stature, the significance of his political thought remains underappreciated. In this indispensable reappraisal, leading scholars—including Cornel West, Martha Nussbaum, and Danielle Allen—consider the substance of his lesser known writings on racism, economic inequality, virtue ethics, just-war theory, reparations, voting rights, civil disobedience, and social justice and find in them an array of compelling challenges to some of the most pressing political dilemmas of our time. “King was not simply a compelling speaker, but a deeply philosophical intellectual...We still have much to learn from him.” —Quartz “A compelling work of philosophy, all the more so because it treats King seriously without inoculating him from the kind of critique important to both his theory and practice.” —Los Angeles Review of Books
Privacy Law in Ireland
Author: Róisín Á Costello
Publisher: Bloomsbury Publishing
ISBN: 1526524546
Category : Law
Languages : en
Pages : 411
Book Description
Provides an analysis of the origins, current sources, and character of privacy law in Ireland with a particular focus on how to navigate privacy claims and balance privacy with other interests before the Irish courts. It clarifies the relationship between private law protection of privacy rights in tort and statute, and constitutional conceptions of the right and compares how European Union and international law impacts on the privacy jurisprudence of the Irish courts. Part One: Addresses the sources of privacy rights in Ireland, with an account of how the right to privacy has been protected under the European Convention on Human Rights and the Charter of Fundamental Rights of the European Union, explaining the influence of the ECHR on privacy adjudication before the CJEU and outlining the trickle-down impact of the decisions of both courts on the secondary laws of the European Union, and national law in turn. Part Two: Considers the genres of privacy recognised by the Irish courts namely, personal, spatial and informational privacy. The chapters in this part consider the recent decisions in respect of data retention and privacy rights in Dwyer v Commissioner of Garda Síochána as well as the implications of the CJEU and Supreme Court decisions in the matter for criminal prosecutions relying on data retained under the now invalidated legislation. Part Two also considers the recent Supreme Court decision in DPP v Quinn which adds significantly to the jurisprudence of the Irish courts in respect of digital privacy under Article 40.5 of the Constitution, and has implications for the search of digital devices more broadly. This title is included in Bloomsbury Professional's Intellectual Property and IT online service.
Publisher: Bloomsbury Publishing
ISBN: 1526524546
Category : Law
Languages : en
Pages : 411
Book Description
Provides an analysis of the origins, current sources, and character of privacy law in Ireland with a particular focus on how to navigate privacy claims and balance privacy with other interests before the Irish courts. It clarifies the relationship between private law protection of privacy rights in tort and statute, and constitutional conceptions of the right and compares how European Union and international law impacts on the privacy jurisprudence of the Irish courts. Part One: Addresses the sources of privacy rights in Ireland, with an account of how the right to privacy has been protected under the European Convention on Human Rights and the Charter of Fundamental Rights of the European Union, explaining the influence of the ECHR on privacy adjudication before the CJEU and outlining the trickle-down impact of the decisions of both courts on the secondary laws of the European Union, and national law in turn. Part Two: Considers the genres of privacy recognised by the Irish courts namely, personal, spatial and informational privacy. The chapters in this part consider the recent decisions in respect of data retention and privacy rights in Dwyer v Commissioner of Garda Síochána as well as the implications of the CJEU and Supreme Court decisions in the matter for criminal prosecutions relying on data retained under the now invalidated legislation. Part Two also considers the recent Supreme Court decision in DPP v Quinn which adds significantly to the jurisprudence of the Irish courts in respect of digital privacy under Article 40.5 of the Constitution, and has implications for the search of digital devices more broadly. This title is included in Bloomsbury Professional's Intellectual Property and IT online service.