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Author: Keith E. Whittington
Publisher:
ISBN: 9780415680356
Category : Law
Languages : en
Pages : 0
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Book Description
A new title in the Routledge Major Works series, Critical Concepts in Political Science, this is a four-volume collection of cutting-edge and canonical research on law and politics.
Author: Keith E. Whittington
Publisher:
ISBN: 9780415680356
Category : Law
Languages : en
Pages : 0
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Book Description
A new title in the Routledge Major Works series, Critical Concepts in Political Science, this is a four-volume collection of cutting-edge and canonical research on law and politics.
Author: Herbert Jacob
Publisher: Yale University Press
ISBN: 9780300063790
Category : Law
Languages : en
Pages : 420
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Book Description
This comprehensive book compares the intersection of political forces and legal practices in five industrial nations--the United States, England, France, Germany, and Japan. The authors, eminent political scientists and legal scholars, investigate how constitutional courts function in each country, how the adjudication of criminal justice and the processing of civil disputes connect legal systems to politics, and how both ordinary citizens and large corporations use the courts. For each of the five countries, the authors discuss the structure of courts and access to them, the manner in which politics and law are differentiated or amalgamated, whether judicial posts are political prizes or bureaucratic positions, the ways in which courts are perceived as legitimate forms for addressing political conflicts, the degree of legal consciousness among citizens, the kinds of work lawyers do, and the manner in which law and courts are used as social control mechanisms. The authors find that although the extent to which courts participate in policymaking varies dramatically from country to country, judicial responsiveness to perceived public problems is not a uniquely American phenomenon.
Author: Eileen Braman
Publisher: University of Virginia Press
ISBN: 0813928370
Category : Political Science
Languages : en
Pages : 258
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Book Description
Are judges' decisions more likely to be based on personal inclinations or legal authority? The answer, Eileen Braman argues, is both. Law, Politics, and Perception brings cognitive psychology to bear on the question of the relative importance of norms of legal reasoning versus decision markers' policy preferences in legal decision-making. While Braman acknowledges that decision makers' attitudes—or, more precisely, their preference for policy outcomes—can play a significant role in judicial decisions, she also believes that decision-makers' belief that they must abide by accepted rules of legal analysis significantly limits the role of preferences in their judgements. To reconcile these competing factors, Braman posits that judges engage in "motivated reasoning," a biased process in which decision-makers are unconsciously predisposed to find legal authority that is consistent with their own preferences more convincing than those that go against them. But Braman also provides evidence that the scope of motivated reasoning is limited. Objective case facts and accepted norms of legal reasoning can often inhibit decision makers' ability to reach conclusions consistent with their preferences.
Author: John R. Vile
Publisher: Rowman & Littlefield
ISBN: 1538141671
Category : Religion
Languages : en
Pages : 679
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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.
Author: William Haltom
Publisher: University of Chicago Press
ISBN: 0226314693
Category : Law
Languages : en
Pages : 361
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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.
Author: Johnathan O'Neill
Publisher: JHU Press
ISBN: 9780801881114
Category : History
Languages : en
Pages : 308
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Book Description
This book explains how the debate over originalism emerged from the interaction of constitutional theory, U.S. Supreme Court decisions, and American political development. Refuting the contention that originalism is a recent concoction of political conservatives like Robert Bork, Johnathan O'Neill asserts that recent appeals to the origin of the Constitution in Supreme Court decisions and commentary, especially by Justices Antonin Scalia and Clarence Thomas, continue an established pattern in American history. Originalism in American Law and Politics is distinguished by its historical approach to the topic. Drawing on constitutional commentary and treatises, Supreme Court and lower federal court opinions, congressional hearings, and scholarly monographs, O'Neill's work will be valuable to historians, academic lawyers, and political scientists.
Author: Jonathan Sumption
Publisher: Profile Books
ISBN: 1782836225
Category : Law
Languages : en
Pages : 77
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Book Description
A SUNDAY TIMES BESTSELLER In the past few decades, legislatures throughout the world have suffered from gridlock. In democracies, laws and policies are just as soon unpicked as made. It seems that Congress and Parliaments cannot forge progress or consensus. Moreover, courts often overturn decisions made by elected representatives. In the absence of effective politicians, many turn to the courts to solve political and moral questions. Rulings from the Supreme Courts in the United States and United Kingdom, or the European court in Strasbourg may seem to end the debate but the division and debate does not subside. In fact, the absence of democratic accountability leads to radicalisation. Judicial overreach cannot make up for the shortcomings of politicians. This is especially acute in the field of human rights. For instance, who should decide on abortion or prisoners' rights to vote, elected politicians or appointed judges? Expanding on arguments first laid out in the 2019 Reith Lectures, Jonathan Sumption argues that the time has come to return some problems to the politicians.
Author: Ted Gest
Publisher: Oxford University Press
ISBN: 0190290137
Category : Political Science
Languages : en
Pages : 304
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Book Description
Why has America experienced an explosion in crime rates since 1960? Why has the crime rate dropped in recent years? Though politicians are always ready both to take the credit for crime reduction and to exploit grisly headlines for short-term political gain, these questions remain among the most important-and most difficult to answer-in America today. In Crime & Politics, award-winning journalist Ted Gest gives readers the inside story of how crime policy is formulated inside the Washington beltway and state capitols, why we've had cycle after cycle of ineffective federal legislation, and where promising reforms might lead us in the future. Gest examines how politicians first made crime a national rather than a local issue, beginning with Lyndon Johnson's crime commission and the landmark anti-crime law of 1968 and continuing right up to such present-day measures as "three strikes" laws, mandatory sentencing, and community policing. Gest exposes a lack of consistent leadership, backroom partisan politics, and the rush to embrace simplistic solutions as the main causes for why Federal and state crime programs have failed to make our streets safe. But he also explores how the media aid and abet this trend by featuring lurid crimes that simultaneously frighten the public and encourage candidates to offer another round of quick-fix solutions. Drawing on extensive research and including interviews with Edwin Meese, Janet Reno, Joseph Biden, Ted Kennedy, and William Webster, Crime & Politics uncovers the real reasons why America continues to struggle with the crime problem and shows how we do a better job in the future.
Author: Anne Orford
Publisher: Cambridge University Press
ISBN: 1108480942
Category : History
Languages : en
Pages : 395
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Book Description
Explores the ideological, political, and economic stakes of struggles over international law's history and its relation to empire and capitalism.
Author: Suzanne Uttaro Samuels
Publisher: Wadsworth Publishing Company
ISBN:
Category : Education
Languages : en
Pages : 456
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Book Description
This text studies the inextricable links between law, society, and politics through an in-depth examination of the institutions for law-making in the United States, focusing on the function, structure, and participants in the process. The institutions-oriented approach focuses on contemporary coverage of the interrelationship between law and society, and includes discussion of controversial topics, such as the influence of race, class, sex, and corporate governance on the law. Law, Politics, and Society also looks at the theoretical and philosophical foundations of American law and provides comparative and international perspectives. Diversity is embedded into each chapter within the readings—drawn from a broad range of interdisciplinary sources such as sociology, history, and medicine—as well as in activities, which encourage discussion about law and race, national origin, sex, and class. In addition, excellent coverage of how the law has changed since September 11, 2001 helps students understand these complex relationships in a tangible way. Popular Culture features use a series of photographs to help students understand how law both informs and is informed by popular culture. Law in Action features apply the concepts of each chapter to an actual law in order to illustrate the central point and to help students better understand theoretical concepts. Pedagogy throughout the text includes active learning exercises, and marginal and bold definitions.
