Justifying Law

The Debate Over Foundations, Goals, and Methods

Author: Raymond A. Belliotti

Publisher: Temple University Press

ISBN: 9781566392037

Category: Law

Page: 301

View: 6158

"A comprehensive assessment of traditional and contemporary legal thought, Mr. Belliotti's defense of 'critical pragmatism' is a significant contribution to the literature. This book takes on all the leading theories and takes them on seriously. It is one of the most ambitious and satisfying efforts in print at mediating the seemingly irreconcilable tensions between law's mainstream liberal analysts and its leftist critics." ?Anita L. Allen, Professor of Law, Georgetown University Law Center"The author brings a critical intelligence and a very impressive scholarship to traditional issues in law. The strength that jumps from the page is a very well informed contemporary reading that avoids cliches and the limits of much contemporary analysis." ?John Brigham, University of Massachusetts, Amherst, and author of The Cult of the Court (Temple) "[A]n excellent survey and analysis of major theories in the philosophy of law. The book features intelligent discussions of such diverse approaches as natural law theory, legal positivism, law and economics, feminist jurisprudence, and Critical Legal Studies. Justifying Law is full of insight, clear reasoning, and common sense.... The wide-ranging examination reveals Belliotti's substantial scholarship and keen intelligence.... Through his presentation and commentary on several philosophies of law and individual legal theorists, Belliotti has enriched and advanced jurisprudential dialogue and inquiry." ?Journal of Value Inquiry
Posted in Law

Reconciling Law and Morality in Human Rights Discourse

Beyond the Habermasian Account of Human Rights

Author: Willy Moka-Mubelo

Publisher: Springer

ISBN: 3319494961

Category: Philosophy

Page: 205

View: 4106

In this book I argue for an approach that conceives human rights as both moral and legal rights. The merit of such an approach is its capacity to understand human rights more in terms of the kind of world free and reasonable beings would like to live in rather than simply in terms of what each individual is legally entitled to. While I acknowledge that every human being has the moral entitlement to be granted living conditions that are conducive to a dignified life, I maintain, at the same time, that the moral and legal aspects of human rights are complementary and should be given equal weight. The legal aspect compensates for the limitations of moral human rights the observance of which depends on the conscience of the individual, and the moral aspect tempers the mechanical and inhumane application of the law. Unlike the traditional or orthodox approach, which conceives human rights as rights that individuals have by virtue of their humanity, and the political or practical approach, which understands human rights as legal rights that are meant to limit the sovereignty of the state, the moral-legal approach reconciles law and morality in human rights discourse and underlines the importance of a legal framework that compensates for the deficiencies in the implementation of moral human rights. It not only challenges the exclusively negative approach to fundamental liberties but also emphasizes the necessity of an enforcement mechanism that helps those who are not morally motivated to refrain from violating the rights of others. Without the legal mechanism of enforcement, the understanding of human rights would be reduced to simply framing moral claims against injustices. From the moral-legal approach, the protection of human rights is understood as a common and shared responsibility. Such a responsibility goes beyond the boundaries of nation-states and requires the establishment of a cosmopolitan human rights regime based on the conviction that all human beings are members of a community of fate and that they share common values which transcend the limits of their individual states. In a cosmopolitan human rights regime, people are protected as persons and not as citizens of a particular state.
Posted in Philosophy

Law and Society

Author: Steven Vago

Publisher: Routledge

ISBN: 1317346858

Category: Social Science

Page: 560

View: 4952

For one-semester undergraduate courses in Law and Society, Sociology of Law, Introduction to Law, and a variety of criminal justice courses offered in departments of Sociology, Criminal Justice, and Political Science. Examines the interplay between law and society. Law and Society, 10e provides an informative, balanced and comprehensive analysis of the interplay between law and society. This text presents an overview of the most advanced interdisciplinary and international research, theoretical advances, ongoing debates and controversies. It raises new levels of awareness on the structure and functions of law and legal systems and the principal players in the legal arena and their impact on our lives. In addition, it looks at the legal system in the context of race, class, and gender and considers multicultural and cross-cultural issues in a contemporary and interdisciplinary context.
Posted in Social Science

Arguing and Justifying

Assessing the Convention Refugees' Choice of Moment, Motive and Host Country

Author: Robert F. Barsky

Publisher: Routledge

ISBN: 1351957287

Category: Political Science

Page: 400

View: 1148

This is the first book of its kind to address the crucial issue of why people choose to make Convention refugee claims. It represents a substantial and original contribution primarily to the field of refugee studies but also applicable for a broader readership of political science, international studies, sociology, law, history and women’s studies. Furthermore, it theorizes the problems that face refugees by discussing the perception of the possible host countries. The conclusions of the book bear directly upon contemporary issues in refugee studies that suggest refugees move on the basis of (generally) extreme levels of persecution.
Posted in Political Science

Law and Society

Author: Steven Vago

Publisher: Pearson College Division

ISBN: N.A

Category: Social Science

Page: 494

View: 410

Law and Society 9th edition provides an informative, balanced and comprehensive analysis of the interplay between law and society. This text presents an overview of the most advanced interdisciplinary and international research, theoretical advances, ongoing debates and controversies. It raises new levels of awareness on the structure and functions of law and legal systems and the principal players in the legal arena and their impact on our lives.
Posted in Social Science

Justifying Judgment

Practicing Law and Philosophy

Author: Vincent Joseph Samar

Publisher: N.A

ISBN: N.A

Category: Law

Page: 307

View: 6009

Many people submit to the law simply because they believe that the institutions administering it are just. But what if a law itself is unjust? The duty to obey law presupposes that laws are both consistent and just; because they aren't always, appeals to a higher political morality are sometimes necessary if justice is to be served. Justifying Judgment reconsiders the relationship between legal and political philosophy to show that the former is incomplete without the latter. Taking the problem of how to solve difficult cases as his point of departure, Vincent Samar demonstrates the inherent incompleteness of conventional theories of law in order to examine the meaning of justice in a democratic society. He reviews the current state of legal and political theory and then sets forth a metatheory for law which would enable judges to decide such cases by drawing upon competing theories of jurisprudence as the case's level of abstraction demands. Samar challenges the current wisdom that social morality can resolve every legal conflict by questioning the very principle of our submission to law. He re-examines some difficult cases from American history—Dred Scott, Brown v. Board of Education, Roe v. Wade, Romer v. Evans—in order to demonstrate the difficulties inherent in the law and to show that no single theory of law will always preserve the balance between individual and collective justice. Every day, judges face difficult cases for which the law provides no firm precedents, and sometimes is even contradictory. Samar's work seeks to put justice back into law by encouraging law schools—and even the practice—to train future judges to consider a much wider approach to legal decision making. In different cases, judges would no longer confine themselves to an internal analysis of the legal materials. Instead, the could appeal to the best ethical theory of politics to meet the intellectual challenges involved in both clarifying concepts and justifying rights. By challenging conventional views of the law, the book shows that our legal system could become more just as it becomes becomes more consistent.
Posted in Law

Free Speech Yearbook

Author: John J. Makay

Publisher: N.A

ISBN: 9780809320486

Category: Law

Page: 208

View: 3805

With volume 33 of this distinguished source of information and ideas pertaining to the First Amendment, John J. Makay assumes the editorship of the Free Speech Yearbook. In the opening essay in this volume, Craig R. Smith proposes "Ending the Confusion over Commercial Speech: Returning to the Central Hudson Test"; Roy V. Leeper presents "The Fairness Doctrine Debate: A Critical Legal Studies Analysis"; Juliet Dee compares "Little Red Riding Hood, Justice Rehnquist, and the NEA"; and Susan Drucker and Gary Gumpert explore "Freedom and Liability in Cyberspace: Media, Metaphors, and Paths of Regulation." Judith Clarke and Tim Hamlett discuss "Freedom of Expression in Hong Kong During and After the Transition to Chinese Sovereignty"; W. Wat Hopkins offers "Reconsidering the ‘Clear and Present Danger’ Test: Whence the ‘Marketplace of Ideas’?"; and Rueyling Chuang, Vijay Krishna, and Tom D. Daniels consider "Gender and Ethnicity Influences on Student Attitudes Toward Speech Restrictions, Political Correctness, and Educational Models." Gail J. Chryslee investigates "When the Scene Becomes the Crime: Censorship of Space in Cincinnati’s Exhibition of Robert Mapplethorpe’s Photographs," and Peter Kane looks into "Playing with Precedent: Freedom of Expression on Private Property Cases." Among the resources are Paul Siegel’s "The Supreme Court and Freedom of Speech: 1993–1994" and Leigh Makay’s "Freedom of Speech Bibliography: January 1994–January 1995." Eleven books dealing with vital First Amendment issues are also reviewed, including Michael J. Brodhead’s David J. Brewer: The Life of a Supreme Court Justice, 1837–1910 (reviewed by Mark A. Graber); Nadine Strossen’s Defending Pornography: Free Speech, Sex, and the Fight for Women’s Rights (reviewed by Susan Mallon Ross); Edward A. Cavazos and Gavino Morin’s Cyberspace and the Law: Your Rights and Duties in the On-Line World (reviewed by Jeffrey Shallit); and Herbert N. Foerstel’s Secret Science: Federal Control of American Science and Technology (reviewed by Richard A. Parker).
Posted in Law

Selected Acquisitions of the Library

Author: Indiana University, Bloomington. Law Library

Publisher: N.A

ISBN: N.A

Category: Acquisitions (Libraries)

Page: N.A

View: 5457

Posted in Acquisitions (Libraries)

For the common good

Author: Sandra Lee Browning,R. Robin Miller

Publisher: N.A

ISBN: 9780890892237

Category: Law

Page: 364

View: 5220

Posted in Law

Constitutional criminal procedure

Author: Andrew E. Taslitz,Margaret L. Paris,Lenese C. Herbert

Publisher: Foundation Pr

ISBN: 9781599410630

Category: Law

Page: 942

View: 8602

The Third Edition contains substantial explanatory text, careful use of case excerpts, selected reprinting of more substantial portions of the most teachable seminal cases, and availability of supplementary materials conducive to a wide range of teaching methods and styles that characterized the earlier editions. One particular highlight is the reorganization of chapters and intra-chapter material that should add flexibility to instructors in selecting which topics they wish to cover in depth. Building on the strengths of the earlier edition, the Third Edition features articles, cases, and problems sprinkled throughout the text on the implications of the War on Terrorism for constitutional doctrine. It gives frequent attention to new insights on how the constitutional law of search and seizure, confessions, lineups, and the effective assistance of counsel can alter the risk of wrongful convictions. The Third Edition gives attention to alternatives to the courts as institutions for regulating police behavior and to the role of changing technologies in the evolution of constitutional criminal procedure.
Posted in Law

Choice

Publication of the Association of College and Research Libraries, a Division of the American Library Association

Author: N.A

Publisher: N.A

ISBN: N.A

Category: Academic libraries

Page: N.A

View: 4517

Posted in Academic libraries

Book Review Digest

Author: N.A

Publisher: N.A

ISBN: N.A

Category: Bibliography

Page: N.A

View: 5535

Posted in Bibliography

The Journal of Markets & Morality

Scholarship for a Humane Economy

Author: N.A

Publisher: N.A

ISBN: N.A

Category: Economics

Page: N.A

View: 1063

Posted in Economics

Rutgers Law Journal

Author: N.A

Publisher: N.A

ISBN: N.A

Category: Law reviews

Page: N.A

View: 7295

Posted in Law reviews

Recent Acquisitions

Author: N.A

Publisher: N.A

ISBN: N.A

Category: Law libraries

Page: N.A

View: 1873

Posted in Law libraries

Selected Acquisitions

Author: Robert Crown Law Library

Publisher: N.A

ISBN: N.A

Category: Law

Page: N.A

View: 9380

Posted in Law

The Journal of Philosophy

Author: N.A

Publisher: N.A

ISBN: N.A

Category: Philosophy

Page: N.A

View: 7550

Covers topics in philosophy, psychology, and scientific methods. Vols. 31- include "A Bibliography of philosophy," 1933-
Posted in Philosophy

Michigan Law Review

Author: N.A

Publisher: N.A

ISBN: N.A

Category: Law reviews

Page: N.A

View: 7834

Posted in Law reviews

21st Century Sociology: A Reference Handbook

Author: Clifton D. Bryant,Dennis L. Peck

Publisher: SAGE Publications, Incorporated

ISBN: 9781412916080

Category: Social Science

Page: 1344

View: 9569

21st Century Sociology: A Reference Handbook provides a concise forum through which the vast array of knowledge accumulated, particularly during the past three decades, can be organized into a single definitive resource. The two volumes of this Reference Handbook focus on the corpus of knowledge garnered in traditional areas of sociological inquiry, as well as document the general orientation of the newer and currently emerging areas of sociological inquiry.
Posted in Social Science

The Oxford Handbook of Law and Politics

Author: Keith E. Whittington,R. Daniel Kelemen,Gregory A. Caldeira

Publisher: OUP Oxford

ISBN: 0191615064

Category: Political Science

Page: 832

View: 7750

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.
Posted in Political Science