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Author: James Boyd White
Publisher: University of Chicago Press
ISBN: 022605635X
Category : Social Science
Languages : en
Pages : 339
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Book Description
To which institutions or social practices should we grant authority? When should we instead assert our own sense of what is right or good or necessary? In this book, James Boyd White shows how texts by some of our most important thinkers and writers—including Plato, Shakespeare, Dickinson, Mandela, and Lincoln—answer these questions, not in the abstract, but in the way they wrestle with the claims of the world and self in particular historical and cultural contexts. As they define afresh the institutions or practices for which they claim (or resist) authority, they create authorities of their own, in the very modes of thought and expression they employ. They imagine their world anew and transform the languages that give it meaning. In so doing, White maintains, these works teach us about how to read and judge claims of authority made by others upon us; how to decide to which institutions and practices we should grant authority; and how to create authorities of our own through our thoughts and arguments. Elegant and accessible, this book will appeal to anyone wanting to better understand one of the primary processes of our social and political lives.
Author: James Boyd White
Publisher: University of Chicago Press
ISBN: 022605635X
Category : Social Science
Languages : en
Pages : 339
Get Book Here
Book Description
To which institutions or social practices should we grant authority? When should we instead assert our own sense of what is right or good or necessary? In this book, James Boyd White shows how texts by some of our most important thinkers and writers—including Plato, Shakespeare, Dickinson, Mandela, and Lincoln—answer these questions, not in the abstract, but in the way they wrestle with the claims of the world and self in particular historical and cultural contexts. As they define afresh the institutions or practices for which they claim (or resist) authority, they create authorities of their own, in the very modes of thought and expression they employ. They imagine their world anew and transform the languages that give it meaning. In so doing, White maintains, these works teach us about how to read and judge claims of authority made by others upon us; how to decide to which institutions and practices we should grant authority; and how to create authorities of our own through our thoughts and arguments. Elegant and accessible, this book will appeal to anyone wanting to better understand one of the primary processes of our social and political lives.
Author: Stephen Breyer
Publisher: Harvard University Press
ISBN: 0674269365
Category : Law
Languages : en
Pages : 113
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Book Description
A sitting justice reflects upon the authority of the Supreme CourtÑhow that authority was gained and how measures to restructure the Court could undermine both the Court and the constitutional system of checks and balances that depends on it. A growing chorus of officials and commentators argues that the Supreme Court has become too political. On this view the confirmation process is just an exercise in partisan agenda-setting, and the jurists are no more than Òpoliticians in robesÓÑtheir ostensibly neutral judicial philosophies mere camouflage for conservative or liberal convictions. Stephen Breyer, drawing upon his experience as a Supreme Court justice, sounds a cautionary note. Mindful of the CourtÕs history, he suggests that the judiciaryÕs hard-won authority could be marred by reforms premised on the assumption of ideological bias. Having, as Hamilton observed, Òno influence over either the sword or the purse,Ó the Court earned its authority by making decisions that have, over time, increased the publicÕs trust. If public trust is now in decline, one part of the solution is to promote better understandings of how the judiciary actually works: how judges adhere to their oaths and how they try to avoid considerations of politics and popularity. Breyer warns that political intervention could itself further erode public trust. Without the publicÕs trust, the Court would no longer be able to act as a check on the other branches of government or as a guarantor of the rule of law, risking serious harm to our constitutional system.
Author: Jonathan Vroom
Publisher: BRILL
ISBN: 9004381643
Category : Religion
Languages : en
Pages : 263
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Book Description
In The Authority of Law in the Hebrew Bible and Early Judaism, Vroom identifies a development in the authority of written law that took place in early Judaism. Ever since Assyriologists began to recognize that the Mesopotamian law collections did not function as law codes do today—as a source of binding obligation—scholars have grappled with the question of when the Pentateuchal legal corpora came to be treated as legally binding. Vroom draws from legal theory to provide a theoretical framework for understanding the nature of legal authority, and develops a methodology for identifying instances in which legal texts were treated as binding law by ancient interpreters. This method is applied to a selection of legal-interpretive texts: Ezra-Nehemiah, Temple Scroll, the Qumran rule texts, and the Samaritan Pentateuch.
Author: Joseph Raz
Publisher: NYU Press
ISBN: 0814774156
Category : Political Science
Languages : en
Pages : 339
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Book Description
Authority is one of the key issues in political studies, for the question of by what right one person or several persons govern others is at the very root of political activity. In selecting key readings for this volume Joseph Raz concerns himself primarily with the moral aspect of political authority, choosing pieces that examine its justification, determine who is subject to it and who is entitled to hold it, and whether there are any general moral limits to it. The readings—by such modern political thinkeres as Robert Paul Wolff, H. L. A. Hart, G. E. M. Anscombe, and Ronald Dworkin—examine the basic moral issues and provide an essential introduction to the debate about the nature of authority for all students of political theory.
Author: Guyora Binder
Publisher: Princeton University Press
ISBN: 1400823633
Category : Literary Criticism
Languages : en
Pages : 557
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Book Description
In this book, the first to offer a comprehensive examination of the emerging study of law as literature, Guyora Binder and Robert Weisberg show that law is not only a scheme of social order, but also a process of creating meaning, and a crucial dimension of modern culture. They present lawyers as literary innovators, who creatively interpret legal authority, narrate disputed facts and hypothetical fictions, represent persons before the law, move audiences with artful rhetoric, and invent new legal forms and concepts. Binder and Weisberg explain the literary theories and methods increasingly applied to law, and they introduce and synthesize the work of over a hundred authors in the fields of law, literature, philosophy, and cultural studies. Drawing on these disparate bodies of scholarship, Binder and Weisberg analyze law as interpretation, narration, rhetoric, language, and culture, placing each of these approaches within the history of literary and legal thought. They sort the styles of analysis most likely to sharpen critical understanding from those that risk self-indulgent sentimentalism or sterile skepticism, and they endorse a broadly synthetic cultural criticism that views law as an arena for composing and contesting identity, status, and character. Such a cultural criticism would evaluate law not simply as a device for realizing rights and interests but also as the framework for a vibrant cultural life.
Author: Hitoshi Nasu
Publisher: Cambridge University Press
ISBN: 1108705650
Category : Law
Languages : en
Pages : 323
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Book Description
Provides a fresh perspective on ASEAN's role for regional security in Southeast Asia.
Author: L. H. LaRue
Publisher: Penn State Press
ISBN: 0271039272
Category : Law
Languages : en
Pages : 172
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Book Description
Author: Richard H. McAdams
Publisher: Harvard University Press
ISBN: 0674967208
Category : Law
Languages : en
Pages : 335
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Book Description
When asked why people obey the law, legal scholars usually give two answers. Law deters illicit activities by specifying sanctions, and it possesses legitimate authority in the eyes of society. Richard McAdams shifts the prism on this familiar question to offer another compelling explanation of how the law creates compliance: through its expressive power to coordinate our behavior and inform our beliefs. “McAdams’s account is useful, powerful, and—a rarity in legal theory—concrete...McAdams’s treatment reveals important insights into how rational agents reason and interact both with one another and with the law. The Expressive Powers of Law is a valuable contribution to our understanding of these interactions.” —Harvard Law Review “McAdams’s analysis widening the perspective of our understanding of why people comply with the law should be welcomed by those interested either in the nature of law, the function of law, or both...McAdams shows how law sometimes works by a power of suggestion. His varied examples are fascinating for their capacity both to demonstrate and to show the limits of law’s expressive power.” —Patrick McKinley Brennan, Review of Metaphysics
Author: Arthur L. Stinchcombe
Publisher: University of Chicago Press
ISBN: 0226774961
Category : Law
Languages : en
Pages : 219
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Book Description
Introduction : why is formality so unpopular? -- A redefinition of the concept of formality -- Legal formality and graphical planning languages -- Certainty of the law : reasons, situation-types, analogy, and equilibrium -- The social structure of liquidity : flexibility in markets, states, and organizations / Bruce G. Carruthers, Arthur L. Stinchcombe -- Formalizing rightlessness in immigration law and administration -- Formalizing epistemological stratification of knowledge -- Conclusion : the varieties of formality.
Author: Iza R. Hussin
Publisher: University of Chicago Press
ISBN: 022632348X
Category : Law
Languages : en
Pages : 360
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Book Description
In The Politics of Islamic Law, Iza Hussin compares India, Malaya, and Egypt during the British colonial period in order to trace the making and transformation of the contemporary category of ‘Islamic law.’ She demonstrates that not only is Islamic law not the shari’ah, its present institutional forms, substantive content, symbolic vocabulary, and relationship to state and society—in short, its politics—are built upon foundations laid during the colonial encounter. Drawing on extensive archival work in English, Arabic, and Malay—from court records to colonial and local papers to private letters and visual material—Hussin offers a view of politics in the colonial period as an iterative series of negotiations between local and colonial powers in multiple locations. She shows how this resulted in a paradox, centralizing Islamic law at the same time that it limited its reach to family and ritual matters, and produced a transformation in the Muslim state, providing the frame within which Islam is articulated today, setting the agenda for ongoing legislation and policy, and defining the limits of change. Combining a genealogy of law with a political analysis of its institutional dynamics, this book offers an up-close look at the ways in which global transformations are realized at the local level.
