Download or read book The Paradox of Aspiration and the Making of a Law written by Samantha Langbaum and published by . This book was released on 1992 with total page 224 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Aspiration written by Agnes Callard and published by Oxford University Press. This book was released on 2018-03-01 with total page 256 pages. Available in PDF, EPUB and Kindle. Book excerpt: Becoming someone is a learning process; and what we learn is the new values around which, if we succeed, our lives will come to turn. Agents transform themselves in the process of, for example, becoming parents, embarking on careers, or acquiring a passion for music or politics. How can such activity be rational, if the reason for engaging in the relevant pursuit is only available to the person one will become? How is it psychologically possible to feel the attraction of a form of concern that is not yet one's own? How can the work done to arrive at the finish line be ascribed to one who doesn't (really) know what one is doing, or why one is doing it? In Aspiration, Agnes Callard asserts that these questions belong to the theory of aspiration. Aspirants are motivated by proleptic reasons, acknowledged defective versions of the reasons they expect to eventually grasp. The psychology of such a transformation is marked by intrinsic conflict between their old point of view on value and the one they are trying to acquire. They cannot adjudicate this conflict by deliberating or choosing or deciding-rather, they resolve it by working to see the world in a new way. This work has a teleological structure: by modeling oneself on the person he or she is trying to be, the aspirant brings that person into being. Because it is open to us to engage in an activity of self-creation, we are responsible for having become the kinds of people we are.
Download or read book Wisconsin and the Shaping of American Law written by Joseph A. Ranney and published by University of Wisconsin Pres. This book was released on 2017-07-18 with total page 320 pages. Available in PDF, EPUB and Kindle. Book excerpt: Examines the full course of American history from a comparative state-law perspective, using Wisconsin as a case study to emphasize the vital role states have taken in creating American law.
Download or read book Militant Democracy written by András Sajó and published by Eleven International Publishing. This book was released on 2004 with total page 271 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book is a collection of contributions by leading scholars on theoretical and contemporary problems of militant democracy. The term 'militant democracy' was first coined in 1937. In a militant democracy preventive measures are aimed, at least in practice, at restricting people who would openly contest and challenge democratic institutions and fundamental preconditions of democracy like secularism - even though such persons act within the existing limits of, and rely on the rights offered by, democracy. In the shadow of the current wars on terrorism, which can also involve rights restrictions, the overlapping though distinct problem of militant democracy seems to be lost, notwithstanding its importance for emerging and established democracies. This volume will be of particular significance outside the German-speaking world, since the bulk of the relevant literature on militant democracy is in the German language. The book is of interest to academics in the field of law, political studies and constitutionalism.
Download or read book Paradoxes and Inconsistencies in the Law written by Oren Perez and published by Bloomsbury Publishing. This book was released on 2005-12-13 with total page 334 pages. Available in PDF, EPUB and Kindle. Book excerpt: Is law paradoxical? This book seeks to unravel the riddle of legal paradoxes. It focuses on two main questions: the nature of legal paradoxes, and their social ramifications. In exploring the structure of legal paradoxes, the book focuses both on generic paradoxes, such as those associated with the self-referential character of legal validity and the endemic incoherence of legal discourse, and on paradoxes that permeate more restricted fields of law, such as contract law, euthanasia, and human rights (the prohibition of torture). The discussion of the social effects of legal paradoxes focuses on the role of paradoxes as drivers of legal change, and explores the institutional mechanisms that ensure the stability of the law, in spite of its paradoxical makeup. The essays in the book discuss these questions from various perspectives, invoking insights from philosophy, systems theory, deconstruction and economics.
Download or read book The Paradox of Constitutionalism written by Martin Loughlin and published by . This book was released on 2007 with total page 375 pages. Available in PDF, EPUB and Kindle. Book excerpt: In modern political communities ultimate authority is often thought to reside with 'the people'. This book examines how constitutions act as a delegation of power from 'the people' to expert institutions, and looks at the attendant problems of maintaining the legitimacy of these constitutional arrangements.
Download or read book Yale Law Journal Volume 124 Number 5 March 2015 written by Yale Law Journal and published by Quid Pro Books. This book was released on 2015-04-02 with total page 376 pages. Available in PDF, EPUB and Kindle. Book excerpt: The contents of the March 2015 issue (Volume 124, Number 5) are: Articles: • “Article III Judicial Power, the Adverse-Party Requirement, and Non-Contentious Jurisdiction” by James E. Pfander & Daniel D. Birk • “Beyond Diversification: The Pervasive Problem of Excessive Fees and 'Dominated Funds' in 401(k) Plans” by Ian Ayres & Quinn Curtis • “The Uneasy Case for Favoring Long-Term Shareholders” by Jesse M. Fried • “Deviance, Aspiration, and the Stories We Tell: Reconciling Mass Atrocity and the Criminal Law” by Saira Mohamed Notes: • “Mitigating Jurors’ Racial Biases: The Effects of Content and Timing of Jury Instructions” by Elizabeth Ingriselli • “How To Eat an Elephant: Corporate Group Structure of Systemically Important Financial Institutions, Orderly Liquidation Authority, and Single Point of Entry Resolution” by Kwon-Yong Jin • “Public Actors, Private Law: Local Governments’ Use of Covenants To Regulate Land Use” by Noah M. Kazis Comment: • “Methodological Stare Decisis and Intersystemic Statutory Interpretation in the Choice-of-Law Context” by Grace E. Hart Quality ebook formatting includes fully linked footnotes and an active Table of Contents (including linked Contents for all individual Articles, Notes, and Essays), proper Bluebook formatting, and active URLs in footnotes.
Download or read book Imperialism Sovereignty and the Making of International Law written by Antony Anghie and published by Cambridge University Press. This book was released on 2007-04-26 with total page 384 pages. Available in PDF, EPUB and Kindle. Book excerpt: Examines the relationship between imperialism and international law.
Download or read book Language Democracy and the Paradox of Constituent Power written by Catherine Frost and published by Routledge. This book was released on 2021-04-19 with total page 134 pages. Available in PDF, EPUB and Kindle. Book excerpt: In this book, Catherine Frost uses evidence and case studies to offer a re-examination of declarations of independence and the language that comprises such documents. Considered as a quintessential form of founding speech in the modern era, declarations of independence are however poorly understood as a form of expression, and no one can completely account for how they work. Beginning with the founding speech in the American Declaration, Frost uses insights drawn from unexpected or unlikely forms of founding in cases like Ireland and Canada to reconsider the role of time and loss in how such speech is framed. She brings the discussion up to date by looking at recent debates in Scotland, where an undeclared declaration of independence overshadows contemporary politics. Drawing on the work of Hannah Arendt and using a contextualist, comparative theory method, Frost demonstrates that the capacity for renewal through speech arises in aspects of language that operate beyond conventional performativity. Language, Democracy, and the Paradox of Constituent Power is an excellent resource for researchers and students of political theory, democratic theory, law, constitutionalism, and political history.
Download or read book Journal of the Society of Comparative Legislation written by Society of Comparative Legislation and published by . This book was released on 1900 with total page 696 pages. Available in PDF, EPUB and Kindle. Book excerpt: Includes an annual "Review of legislation".
Download or read book The Asian American Achievement Paradox written by Jennifer Lee and published by Russell Sage Foundation. This book was released on 2015-06-30 with total page 267 pages. Available in PDF, EPUB and Kindle. Book excerpt: Asian Americans are often stereotyped as the “model minority.” Their sizeable presence at elite universities and high household incomes have helped construct the narrative of Asian American “exceptionalism.” While many scholars and activists characterize this as a myth, pundits claim that Asian Americans’ educational attainment is the result of unique cultural values. In The Asian American Achievement Paradox, sociologists Jennifer Lee and Min Zhou offer a compelling account of the academic achievement of the children of Asian immigrants. Drawing on in-depth interviews with the adult children of Chinese immigrants and Vietnamese refugees and survey data, Lee and Zhou bridge sociology and social psychology to explain how immigration laws, institutions, and culture interact to foster high achievement among certain Asian American groups. For the Chinese and Vietnamese in Los Angeles, Lee and Zhou find that the educational attainment of the second generation is strikingly similar, despite the vastly different socioeconomic profiles of their immigrant parents. Because immigration policies after 1965 favor individuals with higher levels of education and professional skills, many Asian immigrants are highly educated when they arrive in the United States. They bring a specific “success frame,” which is strictly defined as earning a degree from an elite university and working in a high-status field. This success frame is reinforced in many local Asian communities, which make resources such as college preparation courses and tutoring available to group members, including their low-income members. While the success frame accounts for part of Asian Americans’ high rates of achievement, Lee and Zhou also find that institutions, such as public schools, are crucial in supporting the cycle of Asian American achievement. Teachers and guidance counselors, for example, who presume that Asian American students are smart, disciplined, and studious, provide them with extra help and steer them toward competitive academic programs. These institutional advantages, in turn, lead to better academic performance and outcomes among Asian American students. Yet the expectations of high achievement come with a cost: the notion of Asian American success creates an “achievement paradox” in which Asian Americans who do not fit the success frame feel like failures or racial outliers. While pundits ascribe Asian American success to the assumed superior traits intrinsic to Asian culture, Lee and Zhou show how historical, cultural, and institutional elements work together to confer advantages to specific populations. An insightful counter to notions of culture based on stereotypes, The Asian American Achievement Paradox offers a deft and nuanced understanding how and why certain immigrant groups succeed.
Download or read book The Gang Paradox written by Robert J. Durán and published by Studies in Transgression. This book was released on 2018-04-08 with total page 299 pages. Available in PDF, EPUB and Kindle. Book excerpt: Robert J. Durán analyzes the impact of deportation, incarceration, and racialized perceptions of criminality on Latino families and youth along the U.S.-Mexico border. He finds significantly less gang membership and activity than common fearmongering claims would have us believe.
Download or read book Heuristics and the Law written by Gerd Gigerenzer and published by MIT Press. This book was released on 2006-08-11 with total page 502 pages. Available in PDF, EPUB and Kindle. Book excerpt: Experts in law, psychology, and economics explore the power of "fast and frugal" heuristics in the creation and implementation of law In recent decades, the economists' concept of rational choice has dominated legal reasoning. And yet, in practical terms, neither the lawbreakers the law addresses nor officers of the law behave as the hyperrational beings postulated by rational choice. Critics of rational choice and believers in "fast and frugal heuristics" propose another approach: using certain formulations or general principles (heuristics) to help navigate in an environment that is not a well-ordered setting with an occasional disturbance, as described in the language of rational choice, but instead is fundamentally uncertain or characterized by an unmanageable degree of complexity. This is the intuition behind behavioral law and economics. In Heuristics and the Law, experts in law, psychology, and economics explore the conceptual and practical power of the heuristics approach in law. They discuss legal theory; modeling and predicting the problems the law purports to solve; the process of making law, in the legislature or in the courtroom; the application of existing law in the courts, particularly regarding the law of evidence; and implementation of the law and the impact of law on behavior. Contributors Ronald J. Allen, Hal R. Arkes, Peter Ayton, Susanne Baer, Martin Beckenkamp, Robert Cooter, Leda Cosmides, Mandeep K. Dhami, Robert C. Ellickson, Christoph Engel, Richard A. Epstein, Wolfgang Fikentscher, Axel Flessner, Robert H. Frank, Bruno S. Frey, Gerd Gigerenzer, Paul W. Glimcher, Daniel G. Goldstein, Chris Guthrie, Jonathan Haidt, Reid Hastie, Ralph Hertwig, Eric J. Johnson, Jonathan J. Koehler, Russell Korobkin, Stephanie Kurzenhäuser, Douglas A. Kysar, Donald C. Langevoort, Richard Lempert, Stefan Magen, Callia Piperides, Jeffrey J. Rachlinski, Clara Sattler de Sousa e Brito, Joachim Schulz, Victoria A. Shaffer, Indra Spiecker genannt Döhmann, John Tooby, Gerhard Wagner, Elke U. Weber, Bernd Wittenbrink
Download or read book Living Lawfully written by Z. Bankowski and published by Springer Science & Business Media. This book was released on 2013-04-17 with total page 255 pages. Available in PDF, EPUB and Kindle. Book excerpt: The aim of this book is to explore what it means to live a life under the law. Does a life of law preclude love and does a life of love preclude law? Part of the theme of the book is that social questions also raise individual moral and ethical questions; that to live lawfully implies both a question of how I should live in my relations with my fellows and how society should be organised. These questions must be looked at together. The book explores these questions and in looking at the articulation of law and love touches upon debates in personal morality, aesthetics, epistemology, social and political organisation, institutional design and the form and substance of law. It raises questions that are of interest to students and those working in law, theology, and social and political theory.
Download or read book Journal of Comparative Legislation and International Law written by and published by . This book was released on 1900 with total page 436 pages. Available in PDF, EPUB and Kindle. Book excerpt: Includes annual "Review of legislation" covering the years 1859-1949.
Download or read book International Law s Objects written by Jessie Hohmann and published by Oxford University Press, USA. This book was released on 2019-01-20 with total page 593 pages. Available in PDF, EPUB and Kindle. Book excerpt: International law's rich existence in the world can be illuminated by its objects. International law is often developed, conveyed, and authorized through its objects and/or their representation. From the symbolic (the regalia of the head of state and the symbols of sovereignty), to the mundane (a can of dolphin-safe tuna certified as complying with international trade standards), international legal authority can be found in the objects around us. Similarly, the practice of international law often relies on material objects or their image, both as evidence (satellite images, bones of the victims of mass atrocities) and to found authority (for instance, maps and charts). This volume considers these questions: firstly what might the study of international law through objects reveal? What might objects, rather than texts, tell us about sources, recognition of states, construction of territory, law of the sea, or international human rights law? Secondly, what might this scholarly undertaking reveal about the objects-as aims or projects-of international law? How do objects reveal, or perhaps mask, these aims, and what does this tell us about the reasons some (physical or material) objects are foregrounded, and others hidden or ignored. Thirdly what objects, icons, and symbols preoccupy the profession and academy? The personal selection of these objects by leading and emerging scholars worldwide will illuminate the contemporary and historical fascinations of international lawyers. By considering international law in the context of its material culture the authors offer a new and exciting theoretical perspective on the subject. With an image of each object reproduced in full colour, the book will make an engaging and interesting read for scholars, practitioners, and students alike.
Download or read book The Paradox of the Straits of Malacca written by Mohd. Arshad Atta Mohamad and published by . This book was released on 2014 with total page 384 pages. Available in PDF, EPUB and Kindle. Book excerpt:
