Social Contract Theory In American Jurisprudence

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Social Contract Theory in American Jurisprudence

Author : Thomas R. Pope
Publisher : Routledge
ISBN 13 : 1135935327
Total Pages : 134 pages
Book Rating : 4.1/5 (359 download)

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Book Synopsis Social Contract Theory in American Jurisprudence by : Thomas R. Pope

Download or read book Social Contract Theory in American Jurisprudence written by Thomas R. Pope and published by Routledge. This book was released on 2013-06-07 with total page 134 pages. Available in PDF, EPUB and Kindle. Book excerpt: Despite decades of attempts and the best intentions of its members, the United States Supreme Court has failed to develop a coherent jurisprudence regarding the state’s proper relationship to the individual. Without some objective standard upon which to ground jurisprudence, decisions have moved along a spectrum between freedom and authority and back again, affecting issues as diverse as individual contractual liberties and the right to privacy. Social Contract Theory in American Jurisprudence seeks to reintroduce the lessons of modern political philosophy to offer a solution for this variable application of legal principle and to lay the groundwork for a jurisprudence consistent in both theory and practice. Thomas R. Pope’s argument examines two exemplary court cases, Lochner v. New York and West Coast Hotel v. Parrish, and demonstrates how the results of these cases failed to achieve the necessary balance of liberty and the public good because they considered the matter in terms of a dichotomy. Pope explores our constitution’s roots in social contract theory, looking particularly to the ideas of Thomas Hobbes for a jurisprudence that is consistent with the language and tradition of the Constitution, and that is also more effectually viable than existing alternatives. Pope concludes with an examination of recent cases before the Court, grounding his observations firmly within the developments of ongoing negotiation of jurisprudence. Addressing the current debate between individual liberty and government responsibility within the context of contemporary jurisprudence, Pope considers the implications of a Hobbesian founding for modern policy. This book will be particularly relevant to scholars of Constitutional Law, the American Founding, and Modern Political Theory.

Social Contract Theory in American Jurisprudence

Author : Thomas R. Pope
Publisher : Routledge
ISBN 13 : 1135935254
Total Pages : 126 pages
Book Rating : 4.1/5 (359 download)

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Book Synopsis Social Contract Theory in American Jurisprudence by : Thomas R. Pope

Download or read book Social Contract Theory in American Jurisprudence written by Thomas R. Pope and published by Routledge. This book was released on 2013-06-07 with total page 126 pages. Available in PDF, EPUB and Kindle. Book excerpt: Despite decades of attempts and the best intentions of its members, the United States Supreme Court has failed to develop a coherent jurisprudence regarding the state’s proper relationship to the individual. Without some objective standard upon which to ground jurisprudence, decisions have moved along a spectrum between freedom and authority and back again, affecting issues as diverse as individual contractual liberties and the right to privacy. Social Contract Theory in American Jurisprudence seeks to reintroduce the lessons of modern political philosophy to offer a solution for this variable application of legal principle and to lay the groundwork for a jurisprudence consistent in both theory and practice. Thomas R. Pope’s argument examines two exemplary court cases, Lochner v. New York and West Coast Hotel v. Parrish, and demonstrates how the results of these cases failed to achieve the necessary balance of liberty and the public good because they considered the matter in terms of a dichotomy. Pope explores our constitution’s roots in social contract theory, looking particularly to the ideas of Thomas Hobbes for a jurisprudence that is consistent with the language and tradition of the Constitution, and that is also more effectually viable than existing alternatives. Pope concludes with an examination of recent cases before the Court, grounding his observations firmly within the developments of ongoing negotiation of jurisprudence. Addressing the current debate between individual liberty and government responsibility within the context of contemporary jurisprudence, Pope considers the implications of a Hobbesian founding for modern policy. This book will be particularly relevant to scholars of Constitutional Law, the American Founding, and Modern Political Theory.

On Law

Author : John L. Bowman
Publisher : AuthorHouse
ISBN 13 : 1491858672
Total Pages : 111 pages
Book Rating : 4.4/5 (918 download)

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Book Synopsis On Law by : John L. Bowman

Download or read book On Law written by John L. Bowman and published by AuthorHouse. This book was released on 2014-02-10 with total page 111 pages. Available in PDF, EPUB and Kindle. Book excerpt: This is a book about the nature of law and its proposition is law should embody justice-but it does not. It does not because there exists a jurisprudential tug of war today between natural and normative law based on morality and non-natural and descriptive law that claims law is simply a social fact. American jurisprudence, perhaps for the first time in human history was founded on natural law. The Constitution embodied morality derived from the social contract which was derived in part from John Locke who believed the end of law is not to abolish or restrain but to preserve and enlarge freedom. But America is embracing non-natural law and the consequences have been unequal treatment under the law, erosion of the rule of law and injustice in the law. Americas judiciary is in turmoil and this book explains why. It does so by exploring contemporary philosophies of law, important moral theories including the social contract, the nature of justice as well as rights, legal reasoning, punishment, responsibility, procedure and evidence.

Adam Smith and the Philosophy of Law and Economics

Author : R.P. Malloy
Publisher : Springer Science & Business Media
ISBN 13 : 9401107483
Total Pages : 227 pages
Book Rating : 4.4/5 (11 download)

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Book Synopsis Adam Smith and the Philosophy of Law and Economics by : R.P. Malloy

Download or read book Adam Smith and the Philosophy of Law and Economics written by R.P. Malloy and published by Springer Science & Business Media. This book was released on 2012-12-06 with total page 227 pages. Available in PDF, EPUB and Kindle. Book excerpt: Adam Smith and the Philosophy of Law and Economics is a unique book. Malloy and Evensky bring together a team of international and interdisciplinary scholars to address the work of Adam Smith as it relates to law and economics. In addition to their own contributions, the book includes works by Dr. John W. Cairns of the University of Edinburgh, Dr. J. Ralph Lindgren of Lehigh University, Professor Kenneth A.B. Mackinnon of the University of Waikato, and the Honorable Richard A. Posner of the United States Circuit Court of Appeals. Together these authors bring expertise from the areas of law, philosophy, history, economics, and law and economics to a new study of Adam Smith and his work. Part One of the book presents new and important observations on Smith's views on community, ethics, the court system, criminal law, and delictual or tort law liability. In this part of the book Smith's work is also examined from the perspective of his use as persuasive authority in the works of modern legal economists. In Part Two the `living Smith' is explored by way of a debate between two major contributors in the field of law and economics. The debate and its analysis create a unique and contemporary opportunity to study Smith as a foundational source in the midst of a current academic and social policy dispute. The understanding of Adam Smith that emerges from this book is new and complex. It will challenge the one-dimensional portrayals of Smith as a promoter of self-interest and it will correct many of the misinterpretations of Smith that are currently fashionable in the worlds of law and economics and the philosophy of law.

Beyond Our Control?

Author : Stuart Biegler
Publisher : MIT Press
ISBN 13 : 9780262261685
Total Pages : 484 pages
Book Rating : 4.2/5 (616 download)

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Book Synopsis Beyond Our Control? by : Stuart Biegler

Download or read book Beyond Our Control? written by Stuart Biegler and published by MIT Press. This book was released on 2003-08-11 with total page 484 pages. Available in PDF, EPUB and Kindle. Book excerpt: An examination of current and emerging issues in cyberlaw. This book provides a framework for thinking about the law and cyberspace, examining the extent to which the Internet is currently under control and the extent to which it can or should be controlled. It focuses in part on the proliferation of MP3 file sharing, a practice made possible by the development of a file format that enables users to store large audio files with near-CD sound quality on a computer. By 1998, software available for free on the Web enabled users to copy existing digital files from CDs. Later technologies such as Napster and Gnutella allowed users to exchange MP3 files in cyberspace without having to post anything online. This ability of online users to download free music caused an uproar among music executives and many musicians, as well as a range of much-discussed legal action. Regulation strategies identified and discussed include legislation, policy changes, administrative agency activity, international cooperation, architectural changes, private ordering, and self-regulation. The book also applies major regulatory models to some of the most volatile Internet issues, including cyber-security, consumer fraud, free speech rights, intellectual property rights, and file-sharing programs.

The Social Contract in America

Author : Mark Hulliung
Publisher :
ISBN 13 :
Total Pages : 280 pages
Book Rating : 4.3/5 (91 download)

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Book Synopsis The Social Contract in America by : Mark Hulliung

Download or read book The Social Contract in America written by Mark Hulliung and published by . This book was released on 2007 with total page 280 pages. Available in PDF, EPUB and Kindle. Book excerpt: The first comprehensive examination of the social contract's role in American political development. Traces the history of the contract--the closest thing we have to a common philosophy--from its role in the Founding up to current day debates, and charts its rise--and demise--in influence over American political thought.

The Bible in American Law and Politics

Author : John R Vile
Publisher :
ISBN 13 : 1538141671
Total Pages : 679 pages
Book Rating : 4.5/5 (381 download)

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Book Synopsis The Bible in American Law and Politics by : John R Vile

Download or read book The Bible in American Law and Politics written by John R Vile and published by . This book was released on 2020-09-19 with total page 679 pages. Available in PDF, EPUB and Kindle. Book excerpt: While scholars increasingly recognize the importance of religion throughout American history, The Bible in American Law and Politics is the first reference book to focus on the key role that the Bible has played in American public life. In considering revolting from Great Britain, Americans contemplated whether this was consistent with scripture. Americans subsequently sought to apply Biblical passages to such issues as slavery, women's rights, national alcoholic prohibition, issues of war and peace, and the like. American presidents continue to take their oath on the Bible. Some of America's greatest speeches, for example, Lincoln's Second Inaugural and William Jennings Bryan's Cross of Gold speech, have been grounded on Biblical texts or analogies. Today, Americans continue to cite the Bible for positions as diverse as LGBTQ rights, abortion, immigration, welfare, health care, and other contemporary issues. By providing essays on key speeches, books, documents, legal decisions, and other writings throughout American history that have sought to buttress arguments through citations to Scriptures or to Biblical figures, John Vile provides an indispensable guide for scholars and students in religion, American history, law, and political science to understand how Americans throughout its history have interpreted and applied the Bible to legal and political issues.

Algorithms for the People

Author : Josh Simons
Publisher : Princeton University Press
ISBN 13 : 0691244006
Total Pages : 320 pages
Book Rating : 4.6/5 (912 download)

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Book Synopsis Algorithms for the People by : Josh Simons

Download or read book Algorithms for the People written by Josh Simons and published by Princeton University Press. This book was released on 2023-01-10 with total page 320 pages. Available in PDF, EPUB and Kindle. Book excerpt: How to put democracy at the heart of AI governance Artificial intelligence and machine learning are reshaping our world. Police forces use them to decide where to send police officers, judges to decide whom to release on bail, welfare agencies to decide which children are at risk of abuse, and Facebook and Google to rank content and distribute ads. In these spheres, and many others, powerful prediction tools are changing how decisions are made, narrowing opportunities for the exercise of judgment, empathy, and creativity. In Algorithms for the People, Josh Simons flips the narrative about how we govern these technologies. Instead of examining the impact of technology on democracy, he explores how to put democracy at the heart of AI governance. Drawing on his experience as a research fellow at Harvard University, a visiting research scientist on Facebook’s Responsible AI team, and a policy advisor to the UK’s Labour Party, Simons gets under the hood of predictive technologies, offering an accessible account of how they work, why they matter, and how to regulate the institutions that build and use them. He argues that prediction is political: human choices about how to design and use predictive tools shape their effects. Approaching predictive technologies through the lens of political theory casts new light on how democracies should govern political choices made outside the sphere of representative politics. Showing the connection between technology regulation and democratic reform, Simons argues that we must go beyond conventional theorizing of AI ethics to wrestle with fundamental moral and political questions about how the governance of technology can support the flourishing of democracy.

Originalism in American Law and Politics

Author : Johnathan O'Neill
Publisher : JHU Press
ISBN 13 : 9780801881114
Total Pages : 308 pages
Book Rating : 4.8/5 (811 download)

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Book Synopsis Originalism in American Law and Politics by : Johnathan O'Neill

Download or read book Originalism in American Law and Politics written by Johnathan O'Neill and published by JHU Press. This book was released on 2005-07-12 with total page 308 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book explains how the debate over originalism emerged from the interaction of constitutional theory, U.S. Supreme Court decisions, and American political development. Refuting the contention that originalism is a recent concoction of political conservatives like Robert Bork, Johnathan O'Neill asserts that recent appeals to the origin of the Constitution in Supreme Court decisions and commentary, especially by Justices Antonin Scalia and Clarence Thomas, continue an established pattern in American history. Originalism in American Law and Politics is distinguished by its historical approach to the topic. Drawing on constitutional commentary and treatises, Supreme Court and lower federal court opinions, congressional hearings, and scholarly monographs, O'Neill's work will be valuable to historians, academic lawyers, and political scientists.

A Critical Pedagogy for Native American Education Policy

Author : Lavonna L. Lovern
Publisher : Springer
ISBN 13 : 1137557451
Total Pages : 191 pages
Book Rating : 4.1/5 (375 download)

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Book Synopsis A Critical Pedagogy for Native American Education Policy by : Lavonna L. Lovern

Download or read book A Critical Pedagogy for Native American Education Policy written by Lavonna L. Lovern and published by Springer. This book was released on 2015-10-14 with total page 191 pages. Available in PDF, EPUB and Kindle. Book excerpt: A Critical Pedagogy for Native American Education Policy is an application of critical pedagogical theory to historical and recent Native American educational policy. Focusing primarily on the Mvskoke (Creek), the authors provide a detailed historic timeline that is tied to the functionalist view of sociology as it is reflected in the institution of education in general. Knowles and Lovern examine the policy from the critical perspective with the application of Habermas and Freire. They argue that the functionalist mode of education has furthered the cause of colonization and its attendant cultural destruction. The emancipatory possibilities presented by the work of Habermas and Freire are mined for their application to the deficits created by the historical and continued colonization of Native Americans.

The American Law Record

Author :
Publisher :
ISBN 13 :
Total Pages : 796 pages
Book Rating : 4.3/5 ( download)

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Book Synopsis The American Law Record by :

Download or read book The American Law Record written by and published by . This book was released on 1874 with total page 796 pages. Available in PDF, EPUB and Kindle. Book excerpt:

The Yale Biographical Dictionary of American Law

Author : Roger K. Newman
Publisher : Yale University Press
ISBN 13 : 0300113005
Total Pages : 637 pages
Book Rating : 4.3/5 (1 download)

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Book Synopsis The Yale Biographical Dictionary of American Law by : Roger K. Newman

Download or read book The Yale Biographical Dictionary of American Law written by Roger K. Newman and published by Yale University Press. This book was released on 2009-01-01 with total page 637 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book is the first to gather in a single volume concise biographies of the most eminent men and women in the history of American law. Encompassing a wide range of individuals who have devised, replenished, expounded, and explained law, The Yale Biographical Dictionary of American Law presents succinct and lively entries devoted to more than 700 subjects selected for their significant and lasting influence on American law. Casting a wide net, editor Roger K. Newman includes individuals from around the country, from colonial times to the present, encompassing the spectrum of ideologies from left-wing to right, and including a diversity of racial, ethnic, and religious groups. Entries are devoted to the living and dead, the famous and infamous, many who upheld the law and some who broke it. Supreme Court justices, private practice lawyers, presidents, professors, journalists, philosophers, novelists, prosecutors, and others--the individuals in the volume are as diverse as the nation itself. Entries written by close to 600 expert contributors outline basic biographical facts on their subjects, offer well-chosen anecdotes and incidents to reveal accomplishments, and include brief bibliographies. Readers will turn to this dictionary as an authoritative and useful resource, but they will also discover a volume that delights and entertains. Listed in The Yale Biographical Dictionary of American Law: John Ashcroft Robert H. Bork Bill Clinton Ruth Bader Ginsburg Patrick Henry J. Edgar Hoover James Madison Thurgood Marshall Sandra Day O'Connor Janet Reno Franklin D. Roosevelt Julius and Ethel Rosenberg John T. Scopes O. J. Simpson Alexis de Tocqueville Scott Turow And more than 700 others

Devising Liberty

Author : David Thomas Konig
Publisher : Stanford University Press
ISBN 13 : 080474193X
Total Pages : 396 pages
Book Rating : 4.8/5 (47 download)

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Book Synopsis Devising Liberty by : David Thomas Konig

Download or read book Devising Liberty written by David Thomas Konig and published by Stanford University Press. This book was released on 1995 with total page 396 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book focus on the various constitutional problems surrounding the need to provide both enough union and public authority to guarantee defense and order, and a sufficient degree of individual liberty to satisfy the demands and expectations of private citizens who were wary of the arbitrary powers of government.

Law and the Invisible Hand

Author : Robin Paul Malloy
Publisher : Cambridge University Press
ISBN 13 : 1108874606
Total Pages : 205 pages
Book Rating : 4.1/5 (88 download)

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Book Synopsis Law and the Invisible Hand by : Robin Paul Malloy

Download or read book Law and the Invisible Hand written by Robin Paul Malloy and published by Cambridge University Press. This book was released on 2021-11-18 with total page 205 pages. Available in PDF, EPUB and Kindle. Book excerpt: A contemporary interpretation of Adam Smith's work on jurisprudence, revealing Smith's belief that progress emerges from cooperation and a commitment to justice. In Smith's theory, the tension between self–interest and the interests of others is mediated by law, so that the common interest of the community can be promoted. Moreover, Smith informs us that successful societies do at least three things well. They promote the common interest, advance justice through the rule of law, and they facilitate our natural desire to truck, barter, and exchange. In this process, law functions as an invisible force that holds society together and keeps it operating smoothly and productively. Law enhances social cooperation, facilitates trade, and extends the market. In these ways, law functions like Adam Smith's invisible hand, guiding and facilitating the progress of humankind.

Dimensions of Politics and English Jurisprudence

Author : Sean Coyle
Publisher : Cambridge University Press
ISBN 13 : 1107067014
Total Pages : pages
Book Rating : 4.1/5 (7 download)

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Book Synopsis Dimensions of Politics and English Jurisprudence by : Sean Coyle

Download or read book Dimensions of Politics and English Jurisprudence written by Sean Coyle and published by Cambridge University Press. This book was released on 2013-06-27 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: Understandings of law and politics are intrinsically bound up with broader visions of the human condition. Sean Coyle argues for a renewed engagement with the juridical and political philosophies of the Western intellectual tradition, and takes up questions pondered by Aristotle, Plato, Augustine, Aquinas and Hobbes in seeking a deeper understanding of law, politics, freedom, justice and order. Criticising modern theories for their failure to engage with fundamental questions, he explores the profound connections between justice and order and raises the neglected question of whether human beings in all their imperfection can ever achieve truly just order in this life. Above all, he confronts the question of whether the open society is the natural home of liberals who have given up faith in human progress (there are no ideal societies), or whether liberal political order is itself the ideal society?

Making All the Difference

Author : Martha Minow
Publisher : Cornell University Press
ISBN 13 : 9780801499777
Total Pages : 428 pages
Book Rating : 4.4/5 (997 download)

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Book Synopsis Making All the Difference by : Martha Minow

Download or read book Making All the Difference written by Martha Minow and published by Cornell University Press. This book was released on 1990 with total page 428 pages. Available in PDF, EPUB and Kindle. Book excerpt: Martha Minow here takes a hard look at the way our legal system functions. She confronts a variety of dilemmas of difference resulting from contradictory legal strategies--strategies that attempt to correct inequalities by sometimes recognizing and sometimes ignoring differences. Minow argues, in effect, for a reconstructed jurisprudence based on the ability to recognize and work with perceptible forms of difference.

A Brief Introduction to Criminal Law

Author : Philip Carlan
Publisher : Jones & Bartlett Publishers
ISBN 13 : 1284056112
Total Pages : 334 pages
Book Rating : 4.2/5 (84 download)

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Book Synopsis A Brief Introduction to Criminal Law by : Philip Carlan

Download or read book A Brief Introduction to Criminal Law written by Philip Carlan and published by Jones & Bartlett Publishers. This book was released on 2015-07-30 with total page 334 pages. Available in PDF, EPUB and Kindle. Book excerpt: Intended for an undergraduate criminal law course within a criminal justice program, A Brief Introduction to Criminal Law, Second Edition provides a gentle introduction to the subject ideal for students that do not intend to pursue law school. The principles of criminal law are explained step-by-step with a focus on the professional applications of legal principles within the criminal justice system. The second edition contains more and updated case studies, additional coverage of consitutional law and terrorism, and enhanced figures and tables. Written in a conversational tone, A Brief Introduction to Criminal Law, Second Edition is the ideal resource for undergraduate students taking a criminal law course.