Download or read book Normal Life written by Dean Spade and published by Duke University Press. This book was released on 2015-07-23 with total page 194 pages. Available in PDF, EPUB and Kindle. Book excerpt: Revised and Expanded Edition Wait—what's wrong with rights? It is usually assumed that trans and gender nonconforming people should follow the civil rights and "equality" strategies of lesbian and gay rights organizations by agitating for legal reforms that would ostensibly guarantee nondiscrimination and equal protection under the law. This approach assumes that the best way to address the poverty and criminalization that plague trans populations is to gain legal recognition and inclusion in the state's institutions. But is this strategy effective? In Normal Life Dean Spade presents revelatory critiques of the legal equality framework for social change, and points to examples of transformative grassroots trans activism that is raising demands that go beyond traditional civil rights reforms. Spade explodes assumptions about what legal rights can do for marginalized populations, and describes transformative resistance processes and formations that address the root causes of harm and violence. In the new afterword to this revised and expanded edition, Spade notes the rapid mainstreaming of trans politics and finds that his predictions that gaining legal recognition will fail to benefit trans populations are coming to fruition. Spade examines recent efforts by the Obama administration and trans equality advocates to "pinkwash" state violence by articulating the US military and prison systems as sites for trans inclusion reforms. In the context of recent increased mainstream visibility of trans people and trans politics, Spade continues to advocate for the dismantling of systems of state violence that shorten the lives of trans people. Now more than ever, Normal Life is an urgent call for justice and trans liberation, and the radical transformations it will require.
Download or read book Politics and the Limits of Law written by Menachem Lorberbaum and published by Stanford University Press. This book was released on 2002-11-01 with total page 232 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book explores the emergence of the fundamental political concepts of medieval Jewish thought, arguing that alongside the well known theocratic elements of the Bible there exists a vital tradition that conceives of politics as a necessary and legitimate domain of worldly activity that preceded religious law in the ordering of society. Since the Enlightenment, the separation of religion and state has been a central theme in Western political history and thought, a separation that upholds the freedom of conscience of the individual. In medieval political thought, however, the doctrine of the separation of religion and state played a much different role. On the one hand, it served to maintain the integrity of religious law versus the monarch, whether canon law, Islamic law, or Jewish law. On the other hand, it upheld the autonomy of the monarch and the autonomy of human political agency against theocratic claims of divine sovereignty and clerical authority. Postulating the realm of secular politics leads the author to construct a theory of the precedence of politics over religious law in the organization of social life. He argues that the attempts of medieval philosophers to understand religion and the polity provide new perspectives on the viability of an accommodation between revelation and legislation, the holy and the profane, the divine and the temporal. The book shows that in spite of the long exile of the Jewish people, there is, unquestionably, a tradition of Jewish political discourse based on the canonical sources of Jewish law. In addition to providing a fresh analysis of Maimonides, it analyzes works of Nahmanides, Solomon ibn Adret, and Nissim Gerondi that are largely unknown to the English-speaking reader. Finally, it suggests that the historical corpus of Jewish political writing remains vital today, with much to contribute to the ongoing debates over church-state relations and theocratic societies.
Download or read book Cicero on Politics and the Limits of Reason written by Jed W. Atkins and published by Cambridge University Press. This book was released on 2013-10-17 with total page 285 pages. Available in PDF, EPUB and Kindle. Book excerpt: A prolific philosopher who also held Rome's highest political office, Cicero was uniquely qualified to write on political philosophy. In this book Professor Atkins provides a fresh interpretation of Cicero's central political dialogues - the Republic and Laws. Devoting careful attention to form as well as philosophy, Atkins argues that these dialogues together probe the limits of reason in political affairs and explore the resources available to the statesman given these limitations. He shows how Cicero appropriated and transformed Plato's thought to forge original and important works of political philosophy. The book demonstrates that Cicero's Republic and Laws are critical for understanding the history of the concepts of rights, the mixed constitution and natural law. It concludes by comparing Cicero's thought to the modern conservative tradition and argues that Cicero provides a perspective on utopia frequently absent from current philosophical treatments.
Download or read book Buddhism Politics and the Limits of Law written by Benjamin Schonthal and published by Cambridge University Press. This book was released on 2016-11-17 with total page 319 pages. Available in PDF, EPUB and Kindle. Book excerpt: Examining Sri Lanka's religious and legal pasts, this is the first extended study of Buddhism and constitutional law.
Download or read book The Limits of the Legal Complex written by Malcolm Feeley and published by Oxford University Press. This book was released on 2021 with total page 305 pages. Available in PDF, EPUB and Kindle. Book excerpt: Spanning two centuries and five Nordic countries, this book questions the view that political lawyers are required for the development of a liberal political regime. It combines cross-disciplinary theory and careful empirical case studies by country experts whose regional insights are brought to bear on wider global contexts. The theory of the legal complex posits that lawyers will not simply mobilize collectively for material self-interest; instead they will organize and struggle for the limited goal of political liberalism. Constituted by a moderate state, core civil rights, and civil society freedoms, political liberalism is presented as a discrete but professionally valued good to which all lawyers can lend their support. Leading scholars claim that when one finds struggles against political repression, politics of the Legal Complex are frequently part of that struggle. One glaring omission in this research program is the Nordic region. This insightful volume provides a comprehensive account of the history and politics of lawyers of the last 200 years in the Nordic countries: Norway, Sweden, Denmark, Finland, and Iceland. Topping most global indexes of core civil rights, these states have been found to contain few to no visible legal complexes. Where previous studies have characterized lawyers as stewards and guardians of the law that seek to preserve its semi-autonomous nature, these legal complexes have emerged in a manner that challenges the standard narrative. This book offers rational choice and structuralist explanations for why and when lawyers mobilise collectively for political liberalism. In each country analysis, authors place lawyers in nineteenth century state transformation and emerging constitutionalism, followed by expanding democracy and the welfare state, the challenge of fascism and world war, the tensions of the Cold War, and the latter-day rights revolutions. These analyses are complemented by a comprehensive comparative introduction, and a concluding reflection on how the theory of the legal complex might be recast, making The Limits of the Legal Complex an invaluable resource for scholars and practitioners alike.
Download or read book The Limits of International Law written by Jack L. Goldsmith and published by Oxford University Press. This book was released on 2005-02-03 with total page 272 pages. Available in PDF, EPUB and Kindle. Book excerpt: International law is much debated and discussed, but poorly understood. Does international law matter, or do states regularly violate it with impunity? If international law is of no importance, then why do states devote so much energy to negotiating treaties and providing legal defenses for their actions? In turn, if international law does matter, why does it reflect the interests of powerful states, why does it change so often, and why are violations of international law usually not punished? In this book, Jack Goldsmith and Eric Posner argue that international law matters but that it is less powerful and less significant than public officials, legal experts, and the media believe. International law, they contend, is simply a product of states pursuing their interests on the international stage. It does not pull states towards compliance contrary to their interests, and the possibilities for what it can achieve are limited. It follows that many global problems are simply unsolvable. The book has important implications for debates about the role of international law in the foreign policy of the United States and other nations. The authors see international law as an instrument for advancing national policy, but one that is precarious and delicate, constantly changing in unpredictable ways based on non-legal changes in international politics. They believe that efforts to replace international politics with international law rest on unjustified optimism about international law's past accomplishments and present capacities.
Download or read book The Legal Limits of Direct Democracy written by Moeckli, Daniel and published by Edward Elgar Publishing. This book was released on 2021-07-31 with total page 296 pages. Available in PDF, EPUB and Kindle. Book excerpt: With the rise of direct-democratic instruments, the relationship between popular sovereignty and the rule of law is set to become one of the defining political issues of our time. This important and timely book provides an in-depth analysis of the limits imposed on referendums and citizens’ initiatives, as well as of systems of reviewing compliance with these limits, in 11 European states.
Download or read book The Limits of Law written by Austin Sarat and published by Stanford University Press. This book was released on 2005 with total page 348 pages. Available in PDF, EPUB and Kindle. Book excerpt: This collection brings together well-established scholars to examine the limits of law, a topic that has been of broad interest since the events of 9/11 and the responses of U.S. law and policy to those events. The limiting conditions explored in this volume include marking law’s relationship to acts of terror, states of emergency, gestures of surrender, payments of reparations, offers of amnesty, and invocations of retroactivity. These essays explore how law is challenged, frayed, and constituted out of contact with conditions that lie at the farthest reaches of its empirical and normative force.
Download or read book The Limits to Union written by Jonathan Goldberg-Hiller and published by University of Michigan Press. This book was released on 2004-07-20 with total page 301 pages. Available in PDF, EPUB and Kindle. Book excerpt: Revised and updated to include the most current information on same-sex marriage, The Limits to Union documents a legal struggle at its moment of greatest historical importance. "The Limits to Union is a superb book about the complexities of recent political struggles over same-sex marriage. Goldberg-Hiller offers a sophisticated account of egalitarian rights advocacy and the reaction it has generated from established majorities animated by a 'new common sense' of exclusionary sovereign authority. The author's analysis is multidimensional and nuanced, but the core argument is bold, important, and well-supported. I recommend it very highly to everyone interested in understanding the character, possibilities, and constraints of civil rights amid our contemporary culture wars." -Michael McCann, author of Rights at Work: Pay Equity Reform and the Politics of Legal Mobilization "In this excellent book, Goldberg-Hiller uses Hawaii's experience to examine the interaction between courts and the political system. . . . Relying on briefs, legislative statements, and interviews with activists from both sides of the question, he views this familiar debate . . . through the unfamiliar prism of gay marriage, which allows him to gauge the viability and the pliability of the American civil rights ideal, and how gay and lesbian issues fit (or don't fit) within that ideal." -Willian Heinzen, New York Law Journal "Goldberg-Hiller presents the history of the same-sex marriage question since it first sparked debate in Hawaii. He follows the shifting debate through court cases, state propositions, and state and federal legislatures, considering questions about the constitutionality of the Defense of Marriage Act and the concept of equal protection under the law for gays and lesbians. This detailed treatment of the legal issues surrounding same-sex marriages is highly recommended." -R. L. Abbott, University of Evansville "[A] valuable contribution to the field, situating the gay marriage debate in broader contexts of theory, law and practice. [S]ame-sex marriage is an important issue...that finds itself caught in the friction points of much larger debates over the nature of rights, the limits of sovereignty and the proper role of courts and law in a democratic society. The Limits to Union should therefore be of interest even to those who do not think of themselves as interested in gay and lesbian rights issues." -Evan Gerstmann, Loyola Marymount University, Law and Politics Book Review
Download or read book Limits Of Law written by Peter Schuck and published by Routledge. This book was released on 2018-03-08 with total page 510 pages. Available in PDF, EPUB and Kindle. Book excerpt: Law is an increasingly pervasive force in our society. At the same time, however, the obstacles to law’s effectiveness are also growing. In The limits of Law, Yale law professor Peter H, Schuck draws on law, social science, and history to explore this momentous clash between law’s compelling promise of ordered liberty and the realistic limits of its capacity to deliver on this promise. Schuck first discusses the constraints within which law must work–law’s own complexity, the cultural chasms it must bridge, and the social diversity it must accommodate–and proceeds to consider the ways law uses regulatory, legislative, and adjudicatory processes to influence social behavior. He shows how politics shapes regulation, how regulation might incorporate individualized equity, and how it can best be reformed. Turning to legislation, he justifies a strong role for special interest groups, dissects purely symbolic statutes, and defends broad delegations of legislative power to regulatory agencies. Concerning adjudication, Schuck analyzes the courts’ efforts to advance social justice by controlling federal agencies, constitutionalizing politics, managing mass toxic tort disputes, and reforming public services and institutions. His concluding chapter draws together some general lessons about law’s limits and possibilities for improving democratic governance.
Download or read book Law and the Limits of Government written by Frank Fagan and published by Edward Elgar Publishing. This book was released on 2013-01-01 with total page 166 pages. Available in PDF, EPUB and Kindle. Book excerpt: ÔLaw and the Limits of Government by Frank Fagan is a creative and enormously useful book for any scholar of legislation, timing rules, and politics.Õ Ð Jacob Gersen, Harvard Law School, US Why do legislatures pass laws that automatically expire? Why are so many tax cuts sunset? In this first book-length treatment of those questions, the author explains that legislatures pass laws temporarily in order to reduce opposition from the citizenry, to increase the level of information revealed by lobbies, and to externalize the political costs of changing the tax code on to future legislatures. This book provides a careful analysis which does not normatively prescribe either permanent or temporary legislation in every instance, but rather specifies the conditions for which either permanent or temporary legislation would maximize social welfare. Containing comprehensive, theoretical, normative and empirical analysis of temporary lawmaking, Law and the Limits of Government will appeal to academics in law, economic and political science, lawmakers and policy advocates.
Download or read book Public Law and Politics written by Stephen Tierney and published by Routledge. This book was released on 2016-12-05 with total page 232 pages. Available in PDF, EPUB and Kindle. Book excerpt: In a critical engagement with the function of public law and with constitutionalism in its political dimensions, this volume brings together the reflections of three leading constitutionalists: Martin Loughlin, James Tully and Frank Michelman. Comprising three critical commentaries on each, it addresses the multiple ways in which public law is implicated in the logic of rule. This operates on the one hand in maintaining and underwriting relative patterns of power and weakness through political structures and processes. On the other hand, public law is considered to contain the potential to redress these patterns through the use of constitutional authority, social and economic as well as civil and political rights, redistribution of political power, the expansion of territorial governance, and moves to supra-state levels of authority. The book reproduces, in a succinct and organized way, the insights into both the limitations and the potentialities of public law within its political setting.
Download or read book The Limits of Law and Development written by Sam Adelman and published by Routledge. This book was released on 2020-08-13 with total page 235 pages. Available in PDF, EPUB and Kindle. Book excerpt: The book examines the well-established field of ‘law and development’ and asks whether the concept of development and discourses on law and development have outlived their usefulness. The contributors ask whether instead of these amorphous and contested concepts we should focus upon social injustices such as patriarchy, impoverishment, human rights violations, the exploitation of indigenous peoples, and global heating? If we abandoned the idea of development, would we end up adopting another, equally problematic term to replace a concept which, for all its flaws, serves as a commonly understood shorthand? The contributors analyse the links between conventional academic approaches to law and development, neoliberal governance and activism through historical and contemporary case studies. The book will be of interest to students and scholars of development, international law, international economic law, governance and politics and international relations.
Download or read book Private Property and the Limits of American Constitutionalism written by Jennifer Nedelsky and published by University of Chicago Press. This book was released on 1994-06-15 with total page 358 pages. Available in PDF, EPUB and Kindle. Book excerpt: Federalists vision of the Constitution; an interdisciplinary investigation.
Download or read book Parchment Barriers written by Zachary Courser and published by University Press of Kansas. This book was released on 2018-11-06 with total page 220 pages. Available in PDF, EPUB and Kindle. Book excerpt: The United States has become ever more deeply entrenched in powerful, rival, partisan camps, and its citizens more sharply separated along ideological lines. The authors of this volume, scholars of political science, economics, and law, examine the relation between our present-day polarization and the design of the nation's Constitution. The provisions of our Constitution are like “parchment barriers”—fragile bulwarks intended to preserve liberty and promote self-government. To be effective, these barriers need to be respected and reinforced by government officials and ordinary citizens, both in law and in custom. This book asks whether today’s partisan polarization is threatening these constitutional provisions and thus our constitutional order. The nation's founders, clearly concerned about political division, designed the Constitution with numerous means for controlling factions, restraining majority rule, and preventing concentrations of power. In chapters that span the major institutions of American government, the authors of Parchment Barriers explore how partisans are pushing the limits of these constitutional restraints to achieve their policy goals and how the forces of majority faction are testing the boundaries the Constitution draws around democratic power. What, for instance, are the dangers of power being concentrated in the executive branch, displaced to the judiciary, or assumed by majority party leaders in Congress? How has partisan polarization affected the nature, size, and power of the administrative state? And why do political parties, rather than working to facilitate the constitutional order as envisioned by James Madison, now chafe against its limits on majority rule? Parchment Barriers considers the implications of polarization for policy, governance, and the health of American democracy.
Download or read book Unable written by Brian C. Kalt and published by Oxford University Press, USA. This book was released on 2019 with total page 229 pages. Available in PDF, EPUB and Kindle. Book excerpt: Since the election of President Donald Trump, the Twenty-Fifth Amendment to the Constitution - covering presidential incapacity - has been a frequent topic of public discussion. But few understand how this amendment really works. Unable: The Law, Politics, and Limits of Section 4 of the Twenty-Fifth Amendment explains, in Part I, the basics of the Twenty-Fifth Amendment, especially Section 4, correcting common misconceptions, and resolving some of its ambiguities. Part II explores history: presidential disability before Section 4; the creation of Section 4 in 1965; the (non)use of Section 4 since then; and Section 4's portrayal in movies, books, and television. Part III presents a series of hypothetical scenarios that dramatize how Section 4 would work - or not work - in a wide variety of situations. Part IV concludes with some thoughts on how Section 4 interacts with constitutional law more generally, and some suggestions on how to improve Section 4's operation. Unable is designed to educate and inform the public about Section 4 and the Twenty-Fifth Amendment in an even-handed and accessible way, allowing readers to judge for themselves whether presidents - past and present - were or are fit to serve in office.
Download or read book The Politics of Presidential Term Limits written by Alexander Baturo and published by Oxford University Press, USA. This book was released on 2019 with total page 666 pages. Available in PDF, EPUB and Kindle. Book excerpt: Presidential term limits are one of the most important institutions in presidentialism. They are at the center of contemporary and historical debates and political battles between incumbent presidents seeking additional terms and their political opponents warning against democratic backsliding and the dangers of personalism. Bringing the team of country experts, comparativists, theorists, constitutional lawyers, and policy practitioners together, The Politics of Presidential Term Limits is a book that aims to provide a one-stop source for the comprehensive study of this topic. It includes theory and survey chapters that explain presidential term limits as an idea, constitutional norm, and an institution; country and comparative chapters including historical, intra-regime, and comparative regional studies, chapters that examine the effects of term limits as well as studies from the perspective of on-the-ground international constitutional builders and that ask what difference do term limits make.--Provided by publisher
