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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.
Causation and Responsibility
And its relation to causation. Philosophers studying the metaphysics of causation.
The Social History of Crime and Punishment in America
Several encyclopedias overview the contemporary system of criminal justice in America, but full understanding of current social problems and contemporary strategies to deal with them can come only with clear appreciation of the historical underpinnings of those problems. Thus, this five-volume work surveys the history and philosophy of crime, punishment, and criminal justice institutions in America from colonial times to the present. It covers the whole of the criminal justice system, from crimes, law enforcement and policing, to courts, corrections and human services. Among other things, this encyclopedia: explicates philosophical foundations underpinning our system of justice; charts chang...
Disability, Difference, Discrimination
How should we respond to individuals with disabilities? What does it mean to be disabled? Over fifty million Americans, from neonates to the fragile elderly, are disabled. Some people say they have the right to full social participation, while others repudiate such claims as delusive or dangerous. In this compelling book, three experts in ethics, medicine, and the law address pressing disability questions in bioethics and public policy. Anita Silvers, David Wasserman, and Mary B. Mahowald test important theories of justice by bringing them to bear on subjects of concern in a wide variety of disciplines dealing with disability. They do so in the light of recent advances in feminist, minority, and cultural studies, and of the groundbreaking Americans with Disabilities Act. Visit our website for sample chapters!
Americans with Disabilities
In this groundbreaking work, leading philosophers, legal theorists, bioethicists, and policy makers offer incisive looks into the philosophical and moral foundations of disability law and policy.
Responsibility: Volume 16, Part 2
The essays in this volume address questions about responsibility that arise in moral philosophy and legal theory. Some analyze different theories of causality and human agency, scouting for satisfactory resolutions to the controversies of free will and determinism, while some look at the problem of responsibility in the legal realm. Others explore libertarian views about political freedom and accountability, while still others examine the notion of partial or divided responsibility, or the relationship between responsibility and the emotions.
Civil Rights
All of us are entitled to the protections of law against violence, to a high quality education, to decent employment that respects our dignity, and to necessary assistance with our caregiving. Our civil rights are our rights to the protections of ordinary law - not constitutional law, and not only antidiscrimination law - that will ensure that we can participate in civil society, and hence lead flourishing lives. In this innovative work, Robin L. West looks back to nineteenth-century Civil Rights Acts to argue that the point of civil rights law is not only non-discrimination, but also to assure that all of us receive the protection of legal rights that promote human flourishing. Since the 1960s, Supreme Court decisions on civil rights issues have focused on non-discrimination and thus have 'hollowed out' this broader meaning of civil rights law. This book reconceives civil rights as a set of legal guarantees that all will be included in the legal, political, economic and social projects central to civil society.
