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Social Systems Theory And Judicial Review
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Book Synopsis Social Systems Theory and Judicial Review by : Katayoun Baghai
Download or read book Social Systems Theory and Judicial Review written by Katayoun Baghai and published by Routledge. This book was released on 2016-03-03 with total page 219 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book demonstrates the empirical gains and integrative potentials of social systems theory for the sociology of law. Against a backdrop of classical and contemporary sociological debates about law and society, it observes judicial review as an instrument for the self-steering of a functionally differentiated legal system. This allows close investigation of the US Supreme Court’s jurisprudence of rights, both in legal terms and in relation to structural transformations of modern society. The result is a thought-provoking account of conceptual and doctrinal developments concerning racial discrimination, race-based affirmative action, freedom of religion, and prohibition of its establishment, detailing the Court’s response to boundary tensions between functionally differentiated social systems. Preliminary examination of the European Court of Human Rights’ privacy jurisprudence suggests the pertinence of the analytic framework to other rights and jurisdictions. This contribution is particularly timely in the context of increasing appeals to fundamental rights around the world and the growing role of national and international high courts in determining their concrete meanings.
Book Synopsis Social Systems Theory and Judicial Review by : Katayoun Baghai
Download or read book Social Systems Theory and Judicial Review written by Katayoun Baghai and published by Routledge. This book was released on 2016-03-03 with total page 189 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book demonstrates the empirical gains and integrative potentials of social systems theory for the sociology of law. Against a backdrop of classical and contemporary sociological debates about law and society, it observes judicial review as an instrument for the self-steering of a functionally differentiated legal system. This allows close investigation of the US Supreme Court’s jurisprudence of rights, both in legal terms and in relation to structural transformations of modern society. The result is a thought-provoking account of conceptual and doctrinal developments concerning racial discrimination, race-based affirmative action, freedom of religion, and prohibition of its establishment, detailing the Court’s response to boundary tensions between functionally differentiated social systems. Preliminary examination of the European Court of Human Rights’ privacy jurisprudence suggests the pertinence of the analytic framework to other rights and jurisdictions. This contribution is particularly timely in the context of increasing appeals to fundamental rights around the world and the growing role of national and international high courts in determining their concrete meanings.
Book Synopsis A Common Law Theory of Judicial Review by : W. J. Waluchow
Download or read book A Common Law Theory of Judicial Review written by W. J. Waluchow and published by Cambridge University Press. This book was released on 2006-12-25 with total page 7 pages. Available in PDF, EPUB and Kindle. Book excerpt: In this study, W. J. Waluchow argues that debates between defenders and critics of constitutional bills of rights presuppose that constitutions are more or less rigid entities. Within such a conception, constitutions aspire to establish stable, fixed points of agreement and pre-commitment, which defenders consider to be possible and desirable, while critics deem impossible and undesirable. Drawing on reflections about the nature of law, constitutions, the common law, and what it is to be a democratic representative, Waluchow urges a different theory of bills of rights that is flexible and adaptable. Adopting such a theory enables one not only to answer to critics' most serious challenges, but also to appreciate the role that a bill of rights, interpreted and enforced by unelected judges, can sensibly play in a constitutional democracy.
Book Synopsis Law and Intersystemic Communication by : Gorm Harste
Download or read book Law and Intersystemic Communication written by Gorm Harste and published by Routledge. This book was released on 2016-04-15 with total page 578 pages. Available in PDF, EPUB and Kindle. Book excerpt: With contributions from experts in the field of sociology of law, this book provides an overview of current perspectives on socio-legal studies. It focuses particularly on the relationship between law and society described in recent social systems theory as ’structural coupling’. The first part of the book presents a reconstruction of theoretical tendencies in the field of socio-legal studies, characterised by the emergence of a transnational model of legal systems no longer connected to territorial borders and culturally specific aspects of single legal orders. In the following parts of the book, the contributions analyse some concrete cases of interrelation between law and society from an empirical and theoretical perspective.
Book Synopsis Law as a Social System by : Niklas Luhmann
Download or read book Law as a Social System written by Niklas Luhmann and published by Oxford Socio-Legal Studies. This book was released on 2004 with total page 524 pages. Available in PDF, EPUB and Kindle. Book excerpt: However, unlike conventional legal theory, this volume seeks to provide an answer in terms of a general social theory: a methodology that answers this question in a manner applicable not only to law, but also to all the other complex and highly differentiated systems within modern society, such as politics, the economy, religion, the media, and education. This truly sociological approach offers profound insights into the relationships between law and all of these other social systems.
Book Synopsis Judicial Review and Contemporary Democratic Theory by : Scott E. Lemieux
Download or read book Judicial Review and Contemporary Democratic Theory written by Scott E. Lemieux and published by Routledge. This book was released on 2017-11-03 with total page 296 pages. Available in PDF, EPUB and Kindle. Book excerpt: For decades, the question of judicial review’s status in a democratic political system has been adjudicated through the framework of what Alexander Bickel labeled "the counter-majoritarian difficulty." That is, the idea that judicial review is particularly problematic for democracy because it opposes the will of the majority. Judicial Review and Contemporary Democratic Theory begins with an assessment of the empirical and theoretical flaws of this framework, and an account of the ways in which this framework has hindered meaningful investigation into judicial review’s value within a democratic political system. To replace the counter-majoritarian difficulty framework, Scott E. Lemieux and David J. Watkins draw on recent work in democratic theory emphasizing democracy’s opposition to domination and analyses of constitutional court cases in the United States, Canada, and elsewhere to examine judicial review in its institutional and political context. Developing democratic criteria for veto points in a democratic system and comparing them to each other against these criteria, Lemieux and Watkins yield fresh insights into judicial review’s democratic value. This book is essential reading for students of law and courts, judicial politics, legal theory and constitutional law.
Book Synopsis Comparative Judicial Systems by : John R. Schmidhauser
Download or read book Comparative Judicial Systems written by John R. Schmidhauser and published by Elsevier. This book was released on 2013-10-22 with total page 256 pages. Available in PDF, EPUB and Kindle. Book excerpt: Comparative Judicial Systems: Challenging Frontiers in Conceptual and Empirical Analysis is a comprehensive and cohesive collection of investigative essays written by significant contributors in the field of comparative judicial institutions and politics. These essays seek to explain the judicial systems of different nations and analyze their implications. The book is divided into three parts. Part I deals with the integration of courts into the study of politics and conceptual frameworks in comparative cross-national legal and judicial research. Part II covers analyses of the judicial systems of a certain nation, while Part III compares and analyzes judicial systems of different nations as well as their judicial background in relation to their subculture. The text is recommended for lawyers as well as those in the field of political science and in the judicial branch, especially those who are looking to countries as examples for the improvement of their local systems.
Book Synopsis Realistic Socio-legal Theory by : Brian Z. Tamanaha
Download or read book Realistic Socio-legal Theory written by Brian Z. Tamanaha and published by Oxford University Press. This book was released on 1997 with total page 304 pages. Available in PDF, EPUB and Kindle. Book excerpt: Combining philosophical pargmatism with a methodological foundation, Tamanaha formulates a framework for a realistic approach to socio-legal theory. The strengths of this approach are contrasted with that of the major schools of socio-legal theory by application to core issues in this area.Thus Tamanaha explores the problematic state of socio-legal studies, the relationship between behaviour and meaning, the notion of legal ideology, the problem of indeterminacy in rule following and application, and the structure of judicial decision making. These issues are tackled in a clear andconcise fashion while articulating a social theory of law which draws equally from legal theory and socio-legal theory.
Book Synopsis Law and Social Theory by : Reza Banakar
Download or read book Law and Social Theory written by Reza Banakar and published by A&C Black. This book was released on 2014-07-18 with total page 694 pages. Available in PDF, EPUB and Kindle. Book excerpt: There is a growing interest within law schools in the intersections between law and different areas of social theory. The second edition of this popular text introduces a wide range of traditions in sociology and the humanities that offer provocative, contextual views on law and legal institutions. The book is organised into six sections, each with an introduction by the editors, on classical sociology of law, systems theory, critical approaches, law in action, postmodernism, and law in global society. Each chapter is written by a specialist who reviews the literature, and discusses how the approach can be used in researching different topics. New chapters include authoritative reviews of actor network theory, new legal realism, critical race theory, post-colonial theories of law, and the sociology of the legal profession. Over half the chapters are new, and the rest are revised in order to include discussion of recent literature.
Book Synopsis Social Movements and the Legal System by : Joel F. Handler
Download or read book Social Movements and the Legal System written by Joel F. Handler and published by . This book was released on 1978 with total page 280 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Law and Social Change by : Sharyn L Roach Anleu
Download or read book Law and Social Change written by Sharyn L Roach Anleu and published by SAGE. This book was released on 2009-10-29 with total page 313 pages. Available in PDF, EPUB and Kindle. Book excerpt: This is a timely new edition of Sharyn L Roach Anleu′s invaluable introduction to the sociology of law and its role as a social institution and social process. Discussing current theory and key empirical research from a diverse range of perspectives Law and Social Change gives relevant examples, from various cultures and societies, to provide a sociological view which goes beyond more jurisprudential approaches to law and society. The book: • provides coverage of major classic and contemporary social theories of law • is informed by empirical research drawn from several countries/societies • includes up to date and relevant examples This thoroughly updated edition engages with modern scholarship, and recent research, on globalization whilst also looking at related issues such as the internationalization of law and human rights. It explores recent reforms at local and national levels, including issues of migration and refugees, the regulation of ′anti-social′ behaviour, and specialist or problem solving courts and also provides a clear, accessible introduction to research methods used in the socio-legal field. Direct and wide-ranging this text will be essential reading for students and researchers on social science and law courses and in particular, those taking sociology, legal theory, criminology and criminal justice studies.
Book Synopsis Sovereignty in Post-Sovereign Society by : Jiří Přibáň
Download or read book Sovereignty in Post-Sovereign Society written by Jiří Přibáň and published by Routledge. This book was released on 2016-03-09 with total page 284 pages. Available in PDF, EPUB and Kindle. Book excerpt: Sovereignty marks the boundary between politics and law. Highlighting the legal context of politics and the political context of law, it thus contributes to the internal dynamics of both political and legal systems. This book comprehends the persistence of sovereignty as a political and juridical concept in the post-sovereign social condition. The tension and paradoxical relationship between the semantics and structures of sovereignty and post-sovereignty are addressed by using the conceptual framework of the autopoietic social systems theory. Using a number of contemporary European examples, developments and paradoxes, the author examines topics of immense interest and importance relating to the concept of sovereignty in a globalising world. The study argues that the modern question of sovereignty permanently oscillating between de iure authority and de facto power cannot be discarded by theories of supranational and transnational globalized law and politics. Criticising quasi-theological conceptualizations of political sovereignty and its juridical form, the study reformulates the concept of sovereignty and its persistence as part of the self-referential communication of the systems of positive law and politics. The book will be of considerable interest to academics and researchers in political, legal and social theory and philosophy.
Book Synopsis The Supreme Court in American Politics by : Howard Gillman
Download or read book The Supreme Court in American Politics written by Howard Gillman and published by . This book was released on 1999 with total page 328 pages. Available in PDF, EPUB and Kindle. Book excerpt: For decades political scientists studying the Court have adopted behavioral approaches and focused on the relatively narrow question of how the justices' policy preferences influence their voting behavior. This emphasis has illuminated important aspects of Supreme Court politics, but it has also left unaddressed many other important questions about this unique and fascinating institution. Drawing on "the new institutionalism" in the social sciences, the distinguished contributors to this volume attempt to fill this gap by exploring a variety of topics, including the Court's institutional development and its relationship to broader political contexts such as party regimes, electoral systems, social movements, social change, legal precedents, political identities, and historically evolving economic structures. The book's initial chapters examine the nature of the Court's distinctive norms as well as the development of its institutional powers and practice. A second section relates the development of Supreme Court politics to the historical development of other political institutions and social movements. Concluding chapters explore how its decision making in particular areas of law or periods of time is influenced by—and influences—its socio-political milieu. These contributions offer provocative insights regarding the Court's role in maintaining or disrupting political and economic structures, as well as social structures and identities tied to ideology, class, race, gender, and sexual orientation. The Supreme Court in American Politics shows how we can develop an enriched understanding of this institution, and open up exciting new areas of research by placing it in the broader context of politics in the United States.
Book Synopsis Democracy and Distrust by : John Hart Ely
Download or read book Democracy and Distrust written by John Hart Ely and published by Harvard University Press. This book was released on 1981-08-15 with total page 281 pages. Available in PDF, EPUB and Kindle. Book excerpt: This powerfully argued appraisal of judicial review may change the face of American law. Written for layman and scholar alike, the book addresses one of the most important issues facing Americans today: within what guidelines shall the Supreme Court apply the strictures of the Constitution to the complexities of modern life? Until now legal experts have proposed two basic approaches to the Constitution. The first, “interpretivism,” maintains that we should stick as closely as possible to what is explicit in the document itself. The second, predominant in recent academic theorizing, argues that the courts should be guided by what they see as the fundamental values of American society. John Hart Ely demonstrates that both of these approaches are inherently incomplete and inadequate. Democracy and Distrust sets forth a new and persuasive basis for determining the role of the Supreme Court today. Ely’s proposal is centered on the view that the Court should devote itself to assuring majority governance while protecting minority rights. “The Constitution,” he writes, “has proceeded from the sensible assumption that an effective majority will not unreasonably threaten its own rights, and has sought to assure that such a majority not systematically treat others less well than it treats itself. It has done so by structuring decision processes at all levels in an attempt to ensure, first, that everyone’s interests will be represented when decisions are made, and second, that the application of those decisions will not be manipulated so as to reintroduce in practice the sort of discrimination that is impermissible in theory.” Thus, Ely’s emphasis is on the procedural side of due process, on the preservation of governmental structure rather than on the recognition of elusive social values. At the same time, his approach is free of interpretivism’s rigidity because it is fully responsive to the changing wishes of a popular majority. Consequently, his book will have a profound impact on legal opinion at all levels—from experts in constitutional law, to lawyers with general practices, to concerned citizens watching the bewildering changes in American law.
Book Synopsis Legal Theory and the Social Sciences by : MaksymilianDel Mar
Download or read book Legal Theory and the Social Sciences written by MaksymilianDel Mar and published by Routledge. This book was released on 2017-07-05 with total page 530 pages. Available in PDF, EPUB and Kindle. Book excerpt: Ever since H.L.A. Hart's self-description of The Concept of Law as an 'exercise in descriptive sociology', contemporary legal theorists have been debating the relationship between legal theory and sociology, and between legal theory and social science more generally. There have been some who have insisted on a clear divide between legal theory and the social sciences, citing fundamental methodological differences. Others have attempted to bridge gaps, revealing common challenges and similar objects of inquiry. Collecting the work of authors such as Martin Krygier, David Nelken, Brian Tamanaha, Lewis Kornhauser, Gunther Teubner and Nicola Lacey, this volume - the second in a three volume series - provides an overview of the major developments in the last thirty years. The volume is divided into three sections, each discussing an aspect of the relationship of legal theory and the social sciences: 1) methodological disputes and collaboration; 2) common problems, especially as they concern different modes of explanation of social behaviour; and 3) common objects, including, most prominently, the study of language in its social context and normative pluralism.
Book Synopsis A Theory of World Politics by : Mathias Albert
Download or read book A Theory of World Politics written by Mathias Albert and published by Cambridge University Press. This book was released on 2016-04-21 with total page 279 pages. Available in PDF, EPUB and Kindle. Book excerpt: This analysis of the historical evolution and contemporary form of the system of world politics utilizes contemporary theories and debates in sociology and global history. Critically reflecting also on world politics in the field of international relations, this book will appeal to a wide readership in a range of fields.
Book Synopsis Weak Courts, Strong Rights by : Mark Tushnet
Download or read book Weak Courts, Strong Rights written by Mark Tushnet and published by Princeton University Press. This book was released on 2009-08-09 with total page 288 pages. Available in PDF, EPUB and Kindle. Book excerpt: Mark Tushnet uses a comparative legal perspective to show how creating weaker forms of judicial review may actually allow for stronger social welfare rights under American constitutional law.
