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Author: Adam Gearey
Publisher: Routledge
ISBN: 1135097879
Category : Law
Languages : en
Pages : 525
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Book Description
The Politics of the Common Law offers a critical introduction to the legal system of England and Wales. Unlike other conventional accounts, this revised and updated second edition presents a coherent argument, organised around the central claim that contemporary postcolonial common law must be understood as an articulation of human rights and open justice. The book examines the impact of the European Convention and European Union law on the structures and ideologies of the common law and engages with the politics of the rule of law. These themes are read into normative accounts of civil and criminal procedure that stress the importance of due process. The final sections of the book address the reality of civil and criminal procedure in the light of recent civil unrest in the UK and the growing privatisation of public services. The book questions whether it is possible to find a balance between the requirements of economics and the demands of justice.
Author: Adam Gearey
Publisher: Routledge
ISBN: 1135097879
Category : Law
Languages : en
Pages : 525
Get Book Here
Book Description
The Politics of the Common Law offers a critical introduction to the legal system of England and Wales. Unlike other conventional accounts, this revised and updated second edition presents a coherent argument, organised around the central claim that contemporary postcolonial common law must be understood as an articulation of human rights and open justice. The book examines the impact of the European Convention and European Union law on the structures and ideologies of the common law and engages with the politics of the rule of law. These themes are read into normative accounts of civil and criminal procedure that stress the importance of due process. The final sections of the book address the reality of civil and criminal procedure in the light of recent civil unrest in the UK and the growing privatisation of public services. The book questions whether it is possible to find a balance between the requirements of economics and the demands of justice.
Author: Howard Schweber
Publisher: Cambridge University Press
ISBN: 9781139449946
Category : Political Science
Languages : en
Pages : 314
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Book Description
This book is a comparative study of the American legal development in the mid-nineteenth century. Focusing on Illinois and Virginia, supported by observations from six additional states, the book traces the crucial formative moment in the development of an American system of common law in northern and southern courts. The process of legal development, and the form the basic analytical categories of American law came to have, are explained as the products of different responses to the challenge of new industrial technologies, particularly railroads. The nature of those responses was dictated by the ideologies that accompanied the social, political, and economic orders of the two regions. American common law, ultimately, is found to express an emerging model of citizenship, appropriate to modern conditions. As a result, the process of legal development provides an illuminating perspective on the character of American political thought in a formative period of the nation.
Author: Kunal M. Parker
Publisher: Cambridge University Press
ISBN: 9780521519953
Category : History
Languages : en
Pages : 318
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Book Description
This book argues for a change in our understanding of the relationships among law, politics, and history. Since the turn of the nineteenth century, a certain anti-foundational conception of history has served to undermine law's foundations, such that we tend to think of law as nothing other than a species of politics. Thus viewed, the activity of unelected, common law judges appears to be an encroachment on the space of democracy. However, Kunal M. Parker shows that the world of the nineteenth century looked rather different. Democracy was itself constrained by a sense that history possessed a logic, meaning, and direction that democracy could not contravene. In such a world, far from law being seen in opposition to democracy, it was possible to argue that law - specifically, the common law - did a better job than democracy of guiding America along history's path.
Author: James Reist Stoner
Publisher:
ISBN:
Category : Law
Languages : en
Pages : 230
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Book Description
In an ere as morally confused as ours, Stoner argues, we at least ought to know what we've abandoned or suppressed in the name of judicial activism and the modern rights-oriented Constitution. Having lost our way, perhaps the common law, in its original sense, provides a way back, a viable alternative to the debilitating relativism of our current age.
Author: Howard Schweber
Publisher: Cambridge University Press
ISBN: 9780521158183
Category : Political Science
Languages : en
Pages : 306
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Book Description
America developed its own system of the "common law" (the name for legal principles developed by judges) in the mid-nineteenth century, abandoning the legal system inherited from England. This comparative study of the development of American law contrasts the experiences of North and South by a study of Illinois and Virginia, supported by observations from six states. It has an original comparative focus highlighting the connections between legal development, American political thought, and American political and economic development.
Author: Theodore Frank Thomas Plucknett
Publisher: The Lawbook Exchange, Ltd.
ISBN: 1584771372
Category : Common law
Languages : en
Pages : 828
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Book Description
Originally published: 5th ed. Boston: Little, Brown and Co., 1956.
Author: Keith E. Whittington
Publisher: OUP Oxford
ISBN: 0191615064
Category : Political Science
Languages : en
Pages : 832
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Book Description
The study of law and politics is one of the foundation stones of the discipline of political science, and it has been one of the most productive areas of cross-fertilization between the various subfields of political science and between political science and other cognate disciplines. This Handbook provides a comprehensive survey of the field of law and politics in all its diversity, ranging from such traditional subjects as theories of jurisprudence, constitutionalism, judicial politics and law-and-society to such re-emerging subjects as comparative judicial politics, international law, and democratization. The Oxford Handbook of Law and Politics gathers together leading scholars in the field to assess key literatures shaping the discipline today and to help set the direction of research in the decade ahead.
Author: James Reist Stoner
Publisher:
ISBN:
Category : Law
Languages : en
Pages : 304
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Book Description
In this book, James Stoner's purpose is to recover the common law basis of American constitutionalism. American constitutionalism in general, he argues, and judicial review in particular, cannot be fully understood without acknowledging their roots in both common law and liberal political theory. But for the most part, the common law underpinnings of constitutionalism have received short shrift.
Author: W. J. Waluchow
Publisher: Cambridge University Press
ISBN: 1139462814
Category : Philosophy
Languages : en
Pages : 7
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Book Description
In this study, W. J. Waluchow argues that debates between defenders and critics of constitutional bills of rights presuppose that constitutions are more or less rigid entities. Within such a conception, constitutions aspire to establish stable, fixed points of agreement and pre-commitment, which defenders consider to be possible and desirable, while critics deem impossible and undesirable. Drawing on reflections about the nature of law, constitutions, the common law, and what it is to be a democratic representative, Waluchow urges a different theory of bills of rights that is flexible and adaptable. Adopting such a theory enables one not only to answer to critics' most serious challenges, but also to appreciate the role that a bill of rights, interpreted and enforced by unelected judges, can sensibly play in a constitutional democracy.
Author: Ruben Alvarado
Publisher: WordBridge Publishing
ISBN:
Category : Law
Languages : en
Pages : 275
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Book Description
It is no secret that Western civilization is under siege. Outside the gates, the world demands a share of the wealth as well as the power that the West enjoys. Inside the gates, the Western way of life is challenged by those who demand fundamental change in the direction of social justice. Upon closer inspection, Western civilization evinces a divergence within itself. It proves to comprise two blocs, with opposing agendas and opposing ideologies. The one bloc is located within the Anglo-American orbit, the other within the orbit of Continental Europe. This explains the drive toward European Union. The EU gives formal shape to this ideological coherence among the Continental European nations. By the same token, it explains the drive toward “Brexit” in the United Kingdom, the UK being part of the Anglo-American orbit. This perspective opens the door to understanding the dynamic of global politics. Far from being a case of the “West versus the Rest,” the global political dynamic is driven by this divergence within Western civilization itself. The drive toward global governance, universal jurisdiction, the normalization of the sexual revolution, the climate change agenda, are all expressions, not of the rest of the world, but of the West, and within the West, of the Continental European bloc. As such, this is a question of how we are to understand the law of nations: what is sovereignty, and where is it located? This also explains why the USA inevitably stands in the way of the Continental European agenda. Its tradition, its ideology, is fundamentally other, and the two cannot be reconciled. This also explains unrelenting anti-Americanism even in the USA itself, propagated by media, academia, even political parties. The ideological split runs right through American society itself, weakening it from within. For the one tradition is home-grown, the other is imported. How are we to explain this divergence? Where did these two opposing orientations come from? What more can be said about their conflict, and what will be the result of it? These are the questions raised in A Common Law. Published on the 20th anniversary of the first edition, this second edition includes the first edition in its entirety, and supplements it with running commentary as well as additional material bringing the issues forward to the situation post-2016.
