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Law and Society in Transition
Year by year, law seems to penetrate ever larger realms of social, political, and economic life, generating both praise and blame. Nonet and Selznick's Law and Society in Transition explains in accessible language the primary forms of law as a social, political, and normative phenomenon. They illustrate with great clarity the fundamental difference between repressive law, riddled with raw conflict and the accommodation of special interests, and responsive law, the reasoned effort to realize an ideal of polity. To make jurisprudence relevant, legal, political, and social theory must be reintegrated. As a step in this direction, Nonet and Selznick attempt to recast jurisprudential issues in a ...
Relating Humanities and Social Thought
In the current atmosphere of controversy about modes of interpreting literature, historical influences in science, and subtle ideologies in social theory, Abraham Edel confronts the institutionalized separation of the humanities and the sciences, the segregation of disciplines through structures that rest on entrenched dualisms, and the isolations reenforced by habits of the academy and its struggles over turf. Edel's "search for connections" - carried out not only theoretically but through a series of particular studies spanning major disciplines from philosophy and social theory to jurisprudence, biography, and cultural anthropology - leads into uncharted waters. He faces the startling con...
The Oxford Handbook of Comparative Constitutional Law
The field of comparative constitutional law has grown immensely over the past couple of decades. Once a minor and obscure adjunct to the field of domestic constitutional law, comparative constitutional law has now moved front and centre. Driven by the global spread of democratic government and the expansion of international human rights law, the prominence and visibility of the field, among judges, politicians, and scholars has grown exponentially. Even in the United States, where domestic constitutional exclusivism has traditionally held a firm grip, use of comparative constitutional materials has become the subject of a lively and much publicized controversy among various justices of the U...
The People Themselves
In this groundbreaking interpretation of America's founding and of its entire system of judicial review, Larry Kramer reveals that the colonists fought for and created a very different system--and held a very different understanding of citizenship--than Americans believe to be the norm today. "Popular sovereignty" was not just some historical abstraction, and the notion of "the people" was more than a flip rhetorical device invoked on the campaign trail. Questions of constitutional meaning provoked vigorous public debate and the actions of government officials were greeted with celebratory feasts and bonfires, or riotous resistance. Americans treated the Constitution as part of the lived reality of their daily existence. Their self-sovereignty in law as much as politics was active not abstract.
Ethics and the University
Ethics and the University brings together two closely related topics, the practice of ethics in the university ("academic ethics") and the teaching of practical or applied ethics in the university. This volume is divided into four parts: * A survey of practical ethics, offering an explanation of its recent emergence as a university subject, situating that subject into a wider social and historical context and identifying some problems that the subject generates for universities * An examination of research ethics, including the problem of plagiarism * A discussion of the teaching of practical ethics. Michael Davis explores how ethics can be integrated into the university curriculum and what part particular cases should play in the teaching of ethics * An exploration of sexual ethics Ethics and the University provides a stimulating and provocative analysis of academic ethics which will be useful to students, academics and practitioners.
Limits of Legality
Judges sometimes hear cases in which the law, as they honestly understand it, requires results that they consider morally objectionable. Most people assume that, nevertheless, judges have an ethical obligation to apply the law correctly, at least in reasonably just legal systems. This is the view of most lawyers, legal scholars, and private citizens, but the arguments for it have received surprisingly little attention from philosophers. Combiming ethical theory with discussions of caselaw, Jeffrey Brand-Ballard challenges arguments for the traditional view, including arguments from the fact that judges swear oaths to uphold the law, and arguments from our duty to obey the law, among others. ...
Law in Times of Crisis
This book presents a systematic and comprehensive attempt by legal scholars to conceptualize the theory of emergency powers, combining post-September 11 developments with more general theoretical, historical and comparative perspectives. The authors examine the interface between law and violent crises through history and across jurisdictions.
Going by the Book
The extent to which government should be involved with regulation in the private sector is much debated. More fundamentally, one might ask exactly what is regulation, why is it needed, how is it formulated, and how is it enforced? These questions are especially relevant at a time in United States history when federal involvement in spheres traditionally left to individuals is being widely debated on all sides of the political spectrum.
Reason and Controversy in the Arts
This study is a fresh and original attempt to liberate the theory of criticism from the limitations of connoisseurship, and the assumptions of aesthetics from the difficulties and paradoxes of aesthetic relativism. It presents a picture of what rationality in the assessment of the arts would be like if one were expected to justify one's decisions in and about the arts.Kadish focuses upon the way in which competent and reasonable people express their differences, not upon the way they instruct novices. Among good critics, the author proposes, differences are not managed as differences concerning matters of taste, nor would anyone presume otherwise were it not for a prior and gratuitous choice...
