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A Guide to Critical Legal Studies
Much writing in critical legal studies has been devoted to laying bare the contradictions in liberal thought. There have been attacks and counterattacks on the liberal position and on the more conservative law and economics position. Kelman demonstrates that any critique of law and economics is inextricably tied to a broader critique of liberalism.
The Heuristics Debate
All of us use heuristics--that is, we reach conclusions using shorthand cues without using or analyzing all of the available information. Heuristics pervade all aspects of life, from the most mundane practices to more important ones, like economic decision making and politics. People may decide how fast to drive merely by mimicking others around them or decide in which safety project to invest public resources based on the past disasters most readily called to mind. Not surprisingly, opinions vary about our tendency to use heuristics. The 'heuristics and biases' school argues that the practice often leads to outcomes that are not ideal: people act on too little information, make incorrect as...
Jumping the Queue
This book weighs alternative conceptions of the equal opportunity principle through empirical and ethical explorations of the Federal law directing local school districts to award special educational opportunities to students classified as learning disabled. The authors examine the vexing question of how we should distribute extra education funds.
Pigeon English
Eleven-year-old Harrison Opoku, the second best runner in Year 7, races through his new life in England with his personalised trainers - the Adidas stripes drawn on with marker pen - blissfully unaware of the very real threat around him. Newly-arrived from Ghana with his mother and older sister Lydia, Harri absorbs the many strange elements of city life, from the bewildering array of Haribo sweets, to the frightening, fascinating gang of older boys from his school. But his life is changed forever when one of his friends is murdered. As the victim's nearly new football boots hang in tribute on railings behind fluorescent tape and a police appeal draws only silence, Harri decides to act, unwittingly endangering the fragile web his mother has spun around her family to keep them safe.
A Glasgow Voice
This book focuses on James Kelman, a leading Scottish author, and his use of language. It examines how Kelman presents a spoken Glasgow working-class voice in his stories while breaking down the traditional distinction made between speech and writing in literature. Three main themes are explored: the use of Glaswegian/Scots language, the inclusion of working-class discourse features, and an expressive preference for spoken over written forms. Kelman’s writing is approached through an examination of his use of punctuation, spelling, vocabulary, grammar, swearing, and body language. Throughout, examples from Kelman’s writing are analysed and statistical comparisons are made between his writing and the Scots Corpus of Texts and Speech. In summary, the reader will find a detailed and systematic analysis of Kelman’s use of language in literature, showing linguistic patterns, identifying key textual strategies and features, and comparing these to the standards that precede him and those that surround his work.
Causation and Responsibility
The concept of causation is fundamental to ascribing moral and legal responsibility for events. Yet the relationship between causation and responsibility remains unclear. What precisely is the connection between the concept of causation used in attributing responsibility and the accounts of causal relations offered in the philosophy of science and metaphysics? How much of what we call causal responsibility is in truth defined by non-causal factors? This book argues that much of thelegal doctrine on these questions is confused and incoherent, and offers the first comprehensive attempt since Hart and Honoré to clarify the philosophical background to the legal and moral debates.The book first ...
Criminal Law Conversations
Criminal Law Conversations provides an authoritative overview of contemporary criminal law debates in the United States. This collection of high caliber scholarly papers was assembled using an innovative and interactive method of nominations and commentary by the nation's top legal scholars. Virtually every leading scholar in the field has participated, resulting in a volume of interest to those both in and outside of the community. Criminal Law Conversations showcases the most captivating of these essays, and provides insight into the most fundamental and provocative questions of modern criminal law. * Jeffrie G. Murphy's, essay "Remorse, Apology & Mercy," was declared Recommended Reading in the Green Bag Almanac and Reader, 2010.
How Late It Was How Late
WINNER OF 1994 THE BOOKER PRIZE. Sammy's had a bad week. Most of it's just a blank space in his mind, and the bits that he can remember, he'd rather not. His wallet's gone, along with his new shoes, he's been arrested then beaten up by the police and thrown out on the street - and he's just gone blind. He remembers a row with his girlfriend, but she seems to have disappeared; and he might have been trying to fix a bit of business up with an old mate, he's not too sure. Things aren't looking too good for Sammy and his problems have hardly begun. 'A passionate, scintillating, brilliant song of a book' Guardian
A Culture of Rights
The essays in this volume provide insights into the rights thinking and consciousness at the core of American political culture.
Normative Jurisprudence
Normative Jurisprudence aims to reinvigorate normative legal scholarship that both criticizes positive law and suggests reforms for it, on the basis of stated moral values and legalistic ideals. It looks sequentially and in detail at the three major traditions in jurisprudence – natural law, legal positivism and critical legal studies – that have in the past provided philosophical foundations for just such normative scholarship. Over the last fifty years or so, all of these traditions, although for different reasons, have taken a number of different turns – toward empirical analysis, conceptual analysis or Foucaultian critique – and away from straightforward normative criticism. As a result, normative legal scholarship – scholarship that is aimed at criticism and reform – is now lacking a foundation in jurisprudential thought. The book criticizes those developments and suggests a return, albeit with different and in many ways larger challenges, to this traditional understanding of the purpose of legal scholarship.
