Download or read book The Futility of Law and Development written by Jedidiah Joseph Kroncke and published by Oxford University Press. This book was released on 2016 with total page 373 pages. Available in PDF, EPUB and Kindle. Book excerpt: This text uses the Sino-American relationship to trace the decline of American legal cosmopolitanism from the Revolutionary era until today.
Download or read book The Futility of Law and Development written by Jedidiah Joseph Kroncke and published by Oxford University Press. This book was released on 2016 with total page 373 pages. Available in PDF, EPUB and Kindle. Book excerpt: This text uses the Sino-American relationship to trace the decline of American legal cosmopolitanism from the Revolutionary era until today.
Download or read book Law and the Rise of Capitalism written by Michael Tigar and published by NYU Press. This book was released on 2000-06 with total page 351 pages. Available in PDF, EPUB and Kindle. Book excerpt: Tigar (Washington College of Law, American U.) has written a new introduction and extended afterword that update this Marxist analysis of law and jurisprudence, originally published in 1977. The study traces the role of law and lawyers in the rise of the European bourgeoisie. The new material discusses human rights issues and social movements over the past two decades, including political prisoners and the death penalty. c. Book News Inc.
Download or read book The Beijing Consensus written by Weitseng Chen and published by Cambridge University Press. This book was released on 2017-04-27 with total page 367 pages. Available in PDF, EPUB and Kindle. Book excerpt: A collection of essays exploring whether a distinctive Chinese model for law and economic development exists.
Download or read book Stand Your Ground written by Caroline Light and published by Beacon Press. This book was released on 2017-02-14 with total page 242 pages. Available in PDF, EPUB and Kindle. Book excerpt: A history of America’s Stand Your Ground gun laws, from Reconstruction to Trayvon Martin After a young, white gunman killed twenty-six people at Sandy Hook Elementary School in Newtown, Connecticut, in December 2012, conservative legislators lamented that the tragedy could have been avoided if the schoolteachers had been armed and the classrooms equipped with guns. Similar claims were repeated in the aftermath of other recent shootings—after nine were killed in a church in Charleston, South Carolina, and in the aftermath of the massacre in the Pulse nightclub in Orlando, Florida. Despite inevitable questions about gun control, there is a sharp increase in firearm sales in the wake of every mass shooting. Yet, this kind of DIY-security activism predates the contemporary gun rights movement—and even the stand-your-ground self-defense laws adopted in thirty-three states, or the thirteen million civilians currently licensed to carry concealed firearms. As scholar Caroline Light proves, support for “good guys with guns” relies on the entrenched belief that certain “bad guys with guns” threaten us all. Stand Your Ground explores the development of the American right to self-defense and reveals how the original “duty to retreat” from threat was transformed into a selective right to kill. In her rigorous genealogy, Light traces white America’s attachment to racialized, lethal self-defense by unearthing its complex legal and social histories—from the original “castle laws” of the 1600s, which gave white men the right to protect their homes, to the brutal lynching of “criminal” Black bodies during the Jim Crow era and the radicalization of the NRA as it transitioned from a sporting organization to one of our country’s most powerful lobbying forces. In this convincing treatise on the United States’ unprecedented ascension as the world’s foremost stand-your-ground nation, Light exposes a history hidden in plain sight, showing how violent self-defense has been legalized for the most privileged and used as a weapon against the most vulnerable.
Download or read book John Henry Wigmore and the Rules of Evidence written by Andrew Porwancher and published by University of Missouri Press. This book was released on 2017-06-30 with total page 236 pages. Available in PDF, EPUB and Kindle. Book excerpt: Honorable Mention, 2017 Scribes Book Award, The American Society of Legal Writers At the dawn of the twentieth century, the United States was reeling from the effects of rapid urbanization and industrialization. Time-honored verities proved obsolete, and intellectuals in all fields sought ways to make sense of an increasingly unfamiliar reality. The legal system in particular began to buckle under the weight of its anachronism. In the midst of this crisis, John Henry Wigmore, dean of the Northwestern University School of Law, single-handedly modernized the jury trial with his 1904-5 Treatise onevidence, an encyclopedic work that dominated the conduct of trials. In so doing, he inspired generations of progressive jurists—among them Oliver Wendell Holmes, Jr., Benjamin Cardozo, and Felix Frankfurter—to reshape American law to meet the demands of a new era. Yet Wigmore’s role as a prophet of modernity has slipped into obscurity. This book provides a radical reappraisal of his place in the birth of modern legal thought.
Download or read book Law in an Era of Smart Technology written by Susan Brenner and published by Oxford University Press. This book was released on 2007-12-31 with total page 200 pages. Available in PDF, EPUB and Kindle. Book excerpt: Should law be technologically neutral, or should it evolve as human relationships with technology become more advanced? In Law in an Era of "Smart" Technology, Susan Brenner analyzes the complex and evolving interactions between law and technology and provides a thorough and detailed account of the law in technology at the beginning of the 21st century. Brenner draws upon recent technological advances, evaluating how developing technologies may alter how humans interact with each other and with their environment. She analyzes the development of technology as shifting from one of "use" to one of "interaction," and argues that this interchange needs us to reconceptualize our approach to legal rules, which were originally designed to prevent the "misuse" of older technologies. As technologies continue to develop over the next several decades, Brenner argues that the laws directed between human and technological relationships should remain neutral. She explains how older technologies rely on human implementation, but new "smart" technology will be completely automated. This will eventually lead to, as she explains, the ultimate progression in our relationship with technology: the fusion of human physiology and technology. Law in an Era of "Smart" Technology provides a detailed, historically-grounded explanation as to why our traditional relationship with technology is evolving and why a corresponding shift in the law is imminent and necessary.
Download or read book Why Children Follow Rules written by Tom R. Tyler and published by Oxford University Press. This book was released on 2017 with total page 281 pages. Available in PDF, EPUB and Kindle. Book excerpt: Legal socialization is the process by which children and adolescents acquire their law related values, attitudes, and reasoning capacities. Such values and attitudes, in particular legitimacy, underlie the ability and willingness to consent to laws and defer to legal authorities that make legitimacy based legal systems possible. By age eighteen a person's orientation toward law is largely established, yet legal scholarship has largely ignored this process in favor of studying adults and their relationship to the law. Why Children Follow Rules focuses upon legal socialization outlining what is known about the process across three related, but distinct, contexts: the family, the school, and the juvenile justice system. Throughout, Tom Tyler and Rick Trinkner emphasize the degree to which individuals develop their orientations toward law and legal authority upon values connected to responsibility and obligation as opposed to fear of punishment. They argue that authorities can act in ways that internalize legal values and promote supportive attitudes. In particular, consensual legal authority is linked to three issues: how authorities make decisions, how they treat people, and whether they recognize the boundaries of their authority. When individuals experience authority that is fair, respectful, and aware of the limits of power, they are more likely to consent and follow directives. Despite clear evidence showing the benefits of consensual authority, strong pressures and popular support for the exercise of authority based on dominance and force persist in America's families, schools, and within the juvenile justice system. As the currently low levels of public trust and confidence in the police, the courts, and the law undermine the effectiveness of our legal system, Tom Tyler and Rick Trinkner point to alternative way to foster the popular legitimacy of the law in an era of mistrust.
Download or read book An Introduction to the Study of the Law of the Constitution written by A.V. Dicey and published by Springer. This book was released on 1985-09-30 with total page 729 pages. Available in PDF, EPUB and Kindle. Book excerpt: A starting point for the study of the English Constitution and comparative constitutional law, The Law of the Constitution elucidates the guiding principles of the modern constitution of England: the legislative sovereignty of Parliament, the rule of law, and the binding force of unwritten conventions.
Download or read book The Great Property Fallacy written by Frank K. Upham and published by Cambridge University Press. This book was released on 2018-01-25 with total page 165 pages. Available in PDF, EPUB and Kindle. Book excerpt: In this groundbreaking book, Frank K .Upham uses empirical analysis and economic theory to demonstrate how myths surrounding property law have blinded us to our own past and led us to demand that developing countries implement policies that are mistaken and impossible. Starting in the 16th century with the English enclosures and ending with the World Bank's recent attempt to reform Cambodian land law - while moving through 19th century America, postwar Japan, and contemporary China - Upham dismantles the virtually unchallenged assertion that growth cannot occur without stable legal property rights, and shows how rapid growth can come only through the destruction of pre-existing property structures and their replacement by more productive ones. He argues persuasively for the replacement of Western myths and theoretical simplifications with nuanced approaches to growth and development that are sensitive to complexity and difference and responsive to the political and social factors essential to successful broad-based development.
Download or read book Social Justice Through Inclusion written by Francesca R. Jensenius and published by Oxford University Press. This book was released on 2017 with total page 249 pages. Available in PDF, EPUB and Kindle. Book excerpt: What are long-term effects of India's extensive electoral quota systems? This book's insightful discussions, backed by rich empirical data, show how the quotas have shaped incentives for politicians, parties, and voters, and indicate the trade-offs inherent in how such policies of group inclusion are designed.
Download or read book The Regulatory State written by Dawn Oliver and published by . This book was released on 2010 with total page 365 pages. Available in PDF, EPUB and Kindle. Book excerpt: This collection of fifteen essays by leading experts in regulation is unique in its focus on the constitutional implications of recent regulatory developments in the UK, the EU, and the US. The chapters reflect current developments and crises which are significant in many areas of public policy, not only regulation. These include the development of governance in place of government in many policy areas, the emergence of networks of public and private actors, the credit crunch, techniques for countering climate change, the implications for fundamental rights of regulatory arrangements and the development of complex accountability mechanisms designed to promote policy objectives. Constitutional issues discussed in The Regulatory State include regulatory governance, models of economic and social regulation, non-parliamentary rule-making, the UK's devolution arrangements and regulation, the credit crisis, the rationing of common resources, regulation and fundamental rights, the European Competition Network, private law making and European integration, innovative regulator sanctions recently introduced in the UK, the auditing of regulatory reform, and parliamentary oversight and judicial review of regulators. The introductory chapter focuses on testing times for regulation, and the concluding chapter draws ten lessons from the substantive chapters, noting the importance of regulatory diversity, the complexity of networks and relations between regulatory actors and the executive, the new challenges to regulatory habits posed by climate change and the credit crisis, the wider economic and legal context in which regulation takes place and the accountability networks - including judicial review, parliamentary oversight and audit - within which regulation operates.
Download or read book An Introduction to the History of the Development of Law written by Martin Ferdinand Morris and published by . This book was released on 1909 with total page 330 pages. Available in PDF, EPUB and Kindle. Book excerpt: "This volume is the outgrowth of some lectures delivered several years ago before the post-graduate class of the University of Georgetown."--Preface.
Download or read book The President and Immigration Law written by Adam B. Cox and published by Oxford University Press. This book was released on 2020-08-04 with total page 361 pages. Available in PDF, EPUB and Kindle. Book excerpt: Who controls American immigration policy? The biggest immigration controversies of the last decade have all involved policies produced by the President policies such as President Obama's decision to protect Dreamers from deportation and President Trump's proclamation banning immigrants from several majority-Muslim nations. While critics of these policies have been separated by a vast ideological chasm, their broadsides have embodied the same widely shared belief: that Congress, not the President, ought to dictate who may come to the United States and who will be forced to leave. This belief is a myth. In The President and Immigration Law, Adam B. Cox and Cristina M. Rodríguez chronicle the untold story of how, over the course of two centuries, the President became our immigration policymaker-in-chief. Diving deep into the history of American immigration policy from founding-era disputes over deporting sympathizers with France to contemporary debates about asylum-seekers at the Southern border they show how migration crises, real or imagined, have empowered presidents. Far more importantly, they also uncover how the Executive's ordinary power to decide when to enforce the law, and against whom, has become an extraordinarily powerful vehicle for making immigration policy. This pathbreaking account helps us understand how the United States ?has come to run an enormous shadow immigration system-one in which nearly half of all noncitizens in the country are living in violation of the law. It also provides a blueprint for reform, one that accepts rather than laments the role the President plays in shaping the national community, while also outlining strategies to curb the abuse of law enforcement authority in immigration and beyond.
Download or read book Searching for Resilience in Sustainable Development written by John Blewitt and published by Routledge. This book was released on 2013-08-15 with total page 209 pages. Available in PDF, EPUB and Kindle. Book excerpt: Resilience is a term that is gaining currency in conservation and sustainable development, though its meaning and value in this context is yet to be defined. Searching for Resilience in Sustainable Development examines ways in which resilience may be created within the web of ecological, socio-economic and cultural systems that make up the world in. The authors embark upon a learning journey exploring both robust and fragile systems and asking questions of groups and individuals actively involved in building or maintaining resilience. Through a series of wide ranging interviews the authors give voice to the many different approaches to thinking of and building resilience that may otherwise stay rooted in and confined by specific disciplinary, professional or spatial contexts. The book documents emerging trends, shifting tactics and future pathways for the conservation and sustainable development movement post Rio+20, arriving at a set of diverse but connected conclusions and questions in relation to the resilience of people and planet. This book is ideal for students and researchers working in the fields of conservation, sustainable development, education, systems thinking and development studies. It will also be of great interest to NGOs and government officers whose interests and responsibilities focus on conserving or reconstructing biodiversity and system resilience.
Download or read book Human Rights the Rule of Law and Development in Africa written by Paul Tiyambe Zeleza and published by University of Pennsylvania Press. This book was released on 2011-06-07 with total page 309 pages. Available in PDF, EPUB and Kindle. Book excerpt: Changes in human rights environments in Africa over the past decade have been facilitated by astounding political transformations: the rise of mass movements and revolts driven by democratic and developmentalist ideals, as well as mass murder and poverty perpetuated by desperate regimes and discredited global agencies. Human Rights, the Rule of Law, and Development in Africa seeks to make sense of human rights in Africa through the lens of its triumphs and tragedies, its uneven developments and complex demands. The volume makes a significant contribution to the debate about the connections between the protection of human rights and the pursuit of economic development by interrogating the paradigms, politics, and practices of human rights in Africa. Throughout, the essays emphasize that democratic and human rights regimes are products of concrete social struggles, not simply textual or legal discourses. Including some of Africa's leading scholars, jurists, and human rights activists, contributors to the volume diverge from Western theories of African democratization by rejecting the continental view of an Africa blighted by failure, disease, and economic malaise. It argues instead that Africa has strengthened and shaped international law, such as the right to self-determination, inspired by the process of decolonization, and the definition of the refugee. Insisting on the holistic view that human rights are as much about economic and social rights as they are about civil and political rights, the contributors offer novel analyses of African conceptions, experiences, and aspirations of human rights which manifest themselves in complex global, regional, and local idioms. Further, they explore the varied constructions of human rights in African and Western discourses and the roles played by states and NGOs in promoting or subverting human rights. Combining academic analysis with social concern, intellectual discourse with civic engagement, and scholarly research with institution building, this is a compelling and original approach to the question whether externally inspired solutions to African human rights issues have validity in a postcolonial world.
Download or read book Genesis and Development of a Scientific Fact written by Ludwik Fleck and published by University of Chicago Press. This book was released on 2012-09-05 with total page 232 pages. Available in PDF, EPUB and Kindle. Book excerpt: Originally published in German in 1935, this monograph anticipated solutions to problems of scientific progress, the truth of scientific fact and the role of error in science now associated with the work of Thomas Kuhn and others. Arguing that every scientific concept and theory—including his own—is culturally conditioned, Fleck was appreciably ahead of his time. And as Kuhn observes in his foreword, "Though much has occurred since its publication, it remains a brilliant and largely unexploited resource." "To many scientists just as to many historians and philosophers of science facts are things that simply are the case: they are discovered through properly passive observation of natural reality. To such views Fleck replies that facts are invented, not discovered. Moreover, the appearance of scientific facts as discovered things is itself a social construction, a made thing. A work of transparent brilliance, one of the most significant contributions toward a thoroughly sociological account of scientific knowledge."—Steven Shapin, Science
