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Author: Zach Richards
Publisher: Routledge
ISBN: 0429953054
Category : Law
Languages : en
Pages : 142
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Book Description
Responsive Legality is an important book about twenty first century justice. It explores the legal and moral values that twenty-first-century public officials use to make their decisions, engaging existing theoretical models of administrative justice and updating them to reflect changed twenty-first-century conditions. Together, these features of twenty-first century public administration are coined ‘responsive legality’. Whereas twentieth-century public officials were generally driven by their concern for bureaucratic rationality, professional treatment, moral judgement and – towards the end of the century – the logics of ‘new managerialism’, the twenty-first-century public official embodies greater complexity in their characteristic pursuit of substantive and procedural justice. In responsive legality, government decision makers show a distinct concern for the protective parameters of the rule of law, a purposive pursuit of fair outcomes and a commitment to flexible decision making.
Author: Zach Richards
Publisher: Routledge
ISBN: 0429953054
Category : Law
Languages : en
Pages : 142
Get Book
Book Description
Responsive Legality is an important book about twenty first century justice. It explores the legal and moral values that twenty-first-century public officials use to make their decisions, engaging existing theoretical models of administrative justice and updating them to reflect changed twenty-first-century conditions. Together, these features of twenty-first century public administration are coined ‘responsive legality’. Whereas twentieth-century public officials were generally driven by their concern for bureaucratic rationality, professional treatment, moral judgement and – towards the end of the century – the logics of ‘new managerialism’, the twenty-first-century public official embodies greater complexity in their characteristic pursuit of substantive and procedural justice. In responsive legality, government decision makers show a distinct concern for the protective parameters of the rule of law, a purposive pursuit of fair outcomes and a commitment to flexible decision making.
Author: Zach Richards
Publisher:
ISBN: 9781138592742
Category : Administrative law
Languages : en
Pages : 142
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Book Description
Responsive Legality is an important book about twenty first century justice. It explores the legal and moral values that twenty-first-century public officials use to make their decisions, engaging existing theoretical models of administrative justice and updating them to reflect changed twenty-first-century conditions. Together, these features of twenty-first century public administration are coined ¿responsive legality¿. Whereas twentieth-century public officials were generally driven by their concern for bureaucratic rationality, professional treatment, moral judgement and ¿ towards the end of the century ¿ the logics of ¿new managerialism¿, the twenty-first-century public official embodies greater complexity in their characteristic pursuit of substantive and procedural justice. In responsive legality, government decision makers show a distinct concern for the protective parameters of the rule of law, a purposive pursuit of fair outcomes and a commitment to flexible decision making.
Author: Sanne Taekema
Publisher: Springer Science & Business Media
ISBN: 9789041119711
Category : Philosophy
Languages : en
Pages : 274
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Book Description
Talk about law often includes reference to ideals of justice, equality or freedom. But what do we refer to when we speak about ideals in the context of law? This book explores the concept of ideals by combining an investigation of different theories of ideals with a discussion of the role of ideals in law. A comparison of the theories of Gustav Radbruch and Philip Selznick leads up to a pragmatist theory of legal ideals, which provides an interesting new position in the debate about values in law between legal positivists and natural law thinkers. Attention for law's central ideals enables us to understand law's autonomous character, while at the same time tracing its connection to societal values. Essential reading for anyone interested in the role of values or ideals in law.
Author: Nick O’Brien
Publisher: Policy Press
ISBN: 1529230616
Category : Law
Languages : en
Pages : 169
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Book Description
In recent years, failures in health and social care, mental health services, public housing and education have dominated headlines and been the subject of much public debate. The means for addressing such concerns remain notably legalistic and subject to a particular brand of liberal legalism that stifles the possibility of transformational intervention. This book argues that there is urgent need for a radical reassessment of the way the law mediates between citizens and the state. Drawing on historical and comparative research, literary, pictorial and cinematic treatments, and the insights of the disability rights movement, Nick O’Brien examines how the everyday regulation of street-level bureaucracy can play an integral part in reimagining postliberal politics and the role of the law.
Author: Louise Munkholm
Publisher: Bloomsbury Publishing
ISBN: 1509926380
Category : Law
Languages : en
Pages : 207
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Book Description
This monograph investigates current issues in labour law enforcement from a socio-legal perspective. It analyses how local Italian enforcement actors promote the protection of workers in Prato – a city that in recent decades has seen a significant influx of Chinese migrants who run small workshops as part of the local clothing industry. Many of the Chinese firms in Prato fail to live up to core labour standards, such as maximum working hours, health and safety at work and payment of social security contributions. The book analyses the strategies and practices employed by three local enforcement actors (labour inspectors, labour unionists and a new type of labour law consultant) in their efforts to assist Chinese firms in improving their level of labour law compliance. Combining documentary, interview and observational data, the book applies theories of legal culture and legal development to address the interaction between law and society. It focuses on the operational aspects of law by asking three interrelated research questions: How do local enforcement actors promote the protection of workers in Chinese firms in Prato? Which tools are employed, and which rationalities drive the initiatives? The book thereby sheds light upon processes of legal cultural adaptation, informing ongoing international and national debates about what can actually be done to combat contemporary gaps in the protection of workers.
Author: Philippe Nonet
Publisher: Routledge
ISBN: 1351509586
Category : Law
Languages : en
Pages : 237
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Book Description
Year by year, law seems to penetrate ever larger realms of social, political, and economic life, generating both praise and blame. Nonet and Selznick's Law and Society in Transition explains in accessible language the primary forms of law as a social, political, and normative phenomenon. They illustrate with great clarity the fundamental difference between repressive law, riddled with raw conflict and the accommodation of special interests, and responsive law, the reasoned effort to realize an ideal of polity. To make jurisprudence relevant, legal, political, and social theory must be reintegrated. As a step in this direction, Nonet and Selznick attempt to recast jurisprudential issues in a social science perspective. They construct a valuable framework for analyzing and assessing the worth of alternative modes of legal ordering. The volume's most enduring contribution is the authors' typology-repressive, autonomous, and responsive law. This typology of law is original and especially useful because it incorporates both political and jurisprudential aspects of law and speaks directly to contemporary struggles over the proper place of law in democratic governance. In his new introduction, Robert A. Kagan recasts this classic text for the contemporary world. He sees a world of responsive law in which legal institutions-courts, regulatory agencies, alternative dispute resolution bodies, police departments-are periodically studied and redesigned to improve their ability to fulfill public expectations. Schools, business corporations, and governmental bureaucracies are more fully pervaded by legal values. Law and Society in Transition describes ways in which law changes and develops. It is an inspiring vision of a politically responsive form of governance, of special interest to those in sociology, law, philosophy, and politics.
Author: MalcolmM. Feeley
Publisher: Routledge
ISBN: 1351570633
Category : History
Languages : en
Pages : 440
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Book Description
Malcolm Feeley‘s work is well-known to scholars around the world and has influenced two generations of criminologists and legal scholars. He has written extensively on crime and the legal process and has published numerous articles in law, history, social science and philosophy journals; two of his books, The Process is the Punishment and Court Reform on Trials, have won awards. This volume brings together many of his better-known articles and essays, as well as some of his lesser-known but nevertheless important contributions, all of which share the common theme of the value of the rule of law, albeit a more sophisticated concept than is commonly embraced. The selections also reveal the full range of his interests and the way in which his research interests have developed.
Author: Z. Bankowski
Publisher: Springer Science & Business Media
ISBN: 9401720991
Category : Philosophy
Languages : en
Pages : 255
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Book Description
The aim of this book is to explore what it means to live a life under the law. Does a life of law preclude love and does a life of love preclude law? Part of the theme of the book is that social questions also raise individual moral and ethical questions; that to live lawfully implies both a question of how I should live in my relations with my fellows and how society should be organised. These questions must be looked at together. The book explores these questions and in looking at the articulation of law and love touches upon debates in personal morality, aesthetics, epistemology, social and political organisation, institutional design and the form and substance of law. It raises questions that are of interest to students and those working in law, theology, and social and political theory.
Author: Christopher Ansell
Publisher: Oxford University Press
ISBN: 0199772436
Category : Philosophy
Languages : en
Pages : 294
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Book Description
The philosophy of pragmatism advances an evolutionary, learning-oriented perspective that is problem-driven, reflexive, and deliberative.
Author: Paul van Seters
Publisher: Anthem Press
ISBN: 1785278266
Category : Social Science
Languages : en
Pages : 236
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Book Description
The Anthem Companion to Philip Selznick is a collection of essays by renowned authors on the preeminent sociologist, Philip Selznick (1919–2010). He is widely recognized for his major contributions to a number of fields, including general sociology, sociology of organizations, industrial sociology, sociology of law and moral sociology. The contributions in the book cross disciplinary boundaries, bridge disciplinary divides, and display an awareness of and respect for Selznick’s humanist sensibility. Selznick would have felt very comfortable in this company. In that sense, all the chapters of The Anthem Companion to Philip Selznick are true companions to Selznick’s sociology.
