"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
The Debate Over Foundations, Goals, and Methods
Author: Raymond A. Belliotti
Publisher: Temple University Press
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.
Assessing the Convention Refugees' Choice of Moment, Motive and Host Country
Author: Dr Robert F Barsky
Publisher: Taylor & Francis
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.
Practicing Law and Philosophy
Author: Vincent Joseph Samar
This overview of the entire legal system, covering administrative, civil, and criminal law, considers recent research and theories. It focuses on the emergence of modern legal systems, reciprocity between law and social change, and the profession and practice of law.
Category: Sociological jurisprudence
Taslitz and Paris' Constitutional Criminal Procedure provides detailed information on criminal code. The casebook provides the tools for fast, easy, on-point research. Part of the University Casebook Series®, it includes selected cases designed to illustrate the development of a body of law on a particular subject. Text and explanatory materials designed for law study accompany the cases.
Author: Andrew E. Taslitz,Margaret L. Paris
Author: Sandra Lee Browning,R. Robin Miller
Author: Indiana University, Bloomington. Law Library
Category: Acquisitions (Libraries)
Publication of the Association of College and Research Libraries, a Division of the American Library Association
Category: Academic libraries
Scholarship for a Humane Economy
Author: Robert Crown Law Library
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.
Author: Clifton D. Bryant,Dennis L. Peck
Publisher: SAGE Publications, Incorporated
Category: Social Science
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: Keith E. Whittington,R. Daniel Kelemen,Gregory A. Caldeira
Publisher: OUP Oxford
Category: Political Science
Contemporary philosophical pluralism recognizes the inevitability and legitimacy of multiple ethical perspectives and values, making it difficult to isolate the higher-order principles on which to base a theory of justice. Rising up to meet this challenge, Rainer Forst, a leading member of the Frankfurt School's newest generation of philosophers, conceives of an "autonomous" construction of justice founded on what he calls the basic moral right to justification. Forst begins by identifying this right from the perspective of moral philosophy. Then, through an innovative, detailed critical analysis, he ties together the central components of social and political justice freedom, democracy, equality, and toleration and joins them to the right to justification. The resulting theory treats "justificatory power" as the central question of justice, and by adopting this approach, Forst argues, we can discursively work out, or "construct," principles of justice, especially with respect to transnational justice and human rights issues. As he builds his theory, Forst engages with the work of Anglo-American philosophers such as John Rawls, Ronald Dworkin, and Amartya Sen, and critical theorists such as Jürgen Habermas, Nancy Fraser, and Axel Honneth. Straddling multiple subjects, from politics and law to social protest and philosophical conceptions of practical reason, Forst brilliantly gathers contesting claims around a single, elastic theory of justice.
Elements of a Constructivist Theory of Justice
Author: Rainer Forst
Publisher: Columbia University Press