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The Legal Foundations Of Inequality
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Author :Professor of Constitutional Theory and Political Philosophy Roberto Gargarella Publisher : ISBN 13 :9780511749872 Total Pages :287 pages Book Rating :4.7/5 (498 download)
Book Synopsis The Legal Foundations of Inequality by : Professor of Constitutional Theory and Political Philosophy Roberto Gargarella
Download or read book The Legal Foundations of Inequality written by Professor of Constitutional Theory and Political Philosophy Roberto Gargarella and published by . This book was released on 2014-05-14 with total page 287 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book examines the influence of opposing constitutional ideals during the 'founding period' of constitutionalism in the Americas.
Book Synopsis The Legal Foundations of Inequality by : Roberto Gargarella
Download or read book The Legal Foundations of Inequality written by Roberto Gargarella and published by . This book was released on 2010 with total page 273 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book examines the influence of opposing constitutional ideals during the 'founding period' of constitutionalism in the Americas.
Book Synopsis The Legal Foundations of Inequality by : Roberto Gargarella
Download or read book The Legal Foundations of Inequality written by Roberto Gargarella and published by Cambridge University Press. This book was released on 2010-04-12 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: The long revolutionary movements that gave birth to constitutional democracies in the Americas were founded on egalitarian constitutional ideals. They claimed that all men were created equal with similar capacities and also that the community should become self-governing. Following the first constitutional debates that took place in the region, these promising egalitarian claims, which gave legitimacy to the revolutions, soon fell out of favor. Advocates of a conservative order challenged both ideals and favored constitutions that established religion and created an exclusionary political structure. Liberals proposed constitutions that protected individual autonomy and rights but established severe restrictions on the principle of majority rule. Radicals favored an openly majoritarian constitutional organization that, according to many, directly threatened the protection of individual rights. This book examines the influence of these opposite views during the 'founding period' of constitutionalism in countries including the United States, Argentina, Colombia, Chile, Ecuador, Mexico, Peru, and Venezuela.
Book Synopsis The Code of Capital by : Katharina Pistor
Download or read book The Code of Capital written by Katharina Pistor and published by Princeton University Press. This book was released on 2020-11-03 with total page 315 pages. Available in PDF, EPUB and Kindle. Book excerpt: "Capital is the defining feature of modern economies, yet most people have no idea where it actually comes from. What is it, exactly, that transforms mere wealth into an asset that automatically creates more wealth? The Code of Capital explains how capital is created behind closed doors in the offices of private attorneys, and why this little-known fact is one of the biggest reasons for the widening wealth gap between the holders of capital and everybody else. In this revealing book, Katharina Pistor argues that the law selectively "codes" certain assets, endowing them with the capacity to protect and produce private wealth. With the right legal coding, any object, claim, or idea can be turned into capital - and lawyers are the keepers of the code. Pistor describes how they pick and choose among different legal systems and legal devices for the ones that best serve their clients' needs, and how techniques that were first perfected centuries ago to code landholdings as capital are being used today to code stocks, bonds, ideas, and even expectations--assets that exist only in law. A powerful new way of thinking about one of the most pernicious problems of our time, The Code of Capital explores the different ways that debt, complex financial products, and other assets are coded to give financial advantage to their holders. This provocative book paints a troubling portrait of the pervasive global nature of the code, the people who shape it, and the governments that enforce it."--Provided by publisher.
Download or read book Supreme Inequality written by Adam Cohen and published by Penguin. This book was released on 2021-02-23 with total page 458 pages. Available in PDF, EPUB and Kindle. Book excerpt: “With Supreme Inequality, Adam Cohen has built, brick by brick, an airtight case against the Supreme Court of the last half-century...Cohen’s book is a closing statement in the case against an institution tasked with protecting the vulnerable, which has emboldened the rich and powerful instead.” —Dahlia Lithwick, senior editor, Slate A revelatory examination of the conservative direction of the Supreme Court over the last fifty years. In Supreme Inequality, bestselling author Adam Cohen surveys the most significant Supreme Court rulings since the Nixon era and exposes how, contrary to what Americans like to believe, the Supreme Court does little to protect the rights of the poor and disadvantaged; in fact, it has not been on their side for fifty years. Cohen proves beyond doubt that the modern Court has been one of the leading forces behind the nation’s soaring level of economic inequality, and that an institution revered as a source of fairness has been systematically making America less fair. A triumph of American legal, political, and social history, Supreme Inequality holds to account the highest court in the land and shows how much damage it has done to America’s ideals of equality, democracy, and justice for all.
Book Synopsis Judging Inequality by : James L. Gibson
Download or read book Judging Inequality written by James L. Gibson and published by Russell Sage Foundation. This book was released on 2021-08-31 with total page 379 pages. Available in PDF, EPUB and Kindle. Book excerpt: Social scientists have convincingly documented soaring levels of political, legal, economic, and social inequality in the United States. Missing from this picture of rampant inequality, however, is any attention to the significant role of state law and courts in establishing policies that either ameliorate or exacerbate inequality. In Judging Inequality, political scientists James L. Gibson and Michael J. Nelson demonstrate the influential role of the fifty state supreme courts in shaping the widespread inequalities that define America today, focusing on court-made public policy on issues ranging from educational equity and adequacy to LGBT rights to access to justice to worker’s rights. Drawing on an analysis of an original database of nearly 6,000 decisions made by over 900 judges on 50 state supreme courts over a quarter century, Judging Inequality documents two ways that state high courts have crafted policies relevant to inequality: through substantive policy decisions that fail to advance equality and by rulings favoring more privileged litigants (typically known as “upperdogs”). The authors discover that whether court-sanctioned policies lead to greater or lesser inequality depends on the ideologies of the justices serving on these high benches, the policy preferences of their constituents (the people of their state), and the institutional structures that determine who becomes a judge as well as who decides whether those individuals remain in office. Gibson and Nelson decisively reject the conventional theory that state supreme courts tend to protect underdog litigants from the wrath of majorities. Instead, the authors demonstrate that the ideological compositions of state supreme courts most often mirror the dominant political coalition in their state at a given point in time. As a result, state supreme courts are unlikely to stand as an independent force against the rise of inequality in the United States, instead making decisions compatible with the preferences of political elites already in power. At least at the state high court level, the myth of judicial independence truly is a myth. Judging Inequality offers a comprehensive examination of the powerful role that state supreme courts play in shaping public policies pertinent to inequality. This volume is a landmark contribution to scholarly work on the intersection of American jurisprudence and inequality, one that essentially rewrites the “conventional wisdom” on the role of courts in America’s democracy.
Download or read book Not Enough written by Samuel Moyn and published by Harvard University Press. This book was released on 2018-04-10 with total page 276 pages. Available in PDF, EPUB and Kindle. Book excerpt: The age of human rights has been kindest to the rich. Even as state violations of political rights garnered unprecedented attention due to human rights campaigns, a commitment to material equality disappeared. In its place, market fundamentalism has emerged as the dominant force in national and global economies. In this provocative book, Samuel Moyn analyzes how and why we chose to make human rights our highest ideals while simultaneously neglecting the demands of a broader social and economic justice. In a pioneering history of rights stretching back to the Bible, Not Enough charts how twentieth-century welfare states, concerned about both abject poverty and soaring wealth, resolved to fulfill their citizens’ most basic needs without forgetting to contain how much the rich could tower over the rest. In the wake of two world wars and the collapse of empires, new states tried to take welfare beyond its original European and American homelands and went so far as to challenge inequality on a global scale. But their plans were foiled as a neoliberal faith in markets triumphed instead. Moyn places the career of the human rights movement in relation to this disturbing shift from the egalitarian politics of yesterday to the neoliberal globalization of today. Exploring why the rise of human rights has occurred alongside enduring and exploding inequality, and why activists came to seek remedies for indigence without challenging wealth, Not Enough calls for more ambitious ideals and movements to achieve a humane and equitable world.
Book Synopsis Corruption, Inequality, and the Rule of Law by : Eric M. Uslaner
Download or read book Corruption, Inequality, and the Rule of Law written by Eric M. Uslaner and published by Cambridge University Press. This book was released on 2010-04-12 with total page 360 pages. Available in PDF, EPUB and Kindle. Book excerpt: Corruption flouts rules of fairness and gives some people advantages that others don't have. Corruption is persistent; there is little evidence that countries can escape the curse of corruption easily-or at all. Instead of focusing on institutional reform, Uslaner suggests that the roots of corruption lie in economic and legal inequality and low levels of generalized trust (which are not readily changed) and poor policy choices (which may be more likely to change). Economic inequality provides a fertile breeding ground for corruption-and, in turn, it leads to further inequalities. Just as corruption is persistent, inequality and trust do not change much over time in my cross-national aggregate analyses. Uslaner argues that high inequality leads to low trust and high corruption, and then to more inequality-an inequality trap and identifies direct linkages between inequality and trust in surveys of the mass public and elites in transition countries. Eric M. Uslaner is Professor of Government and Politics at the University of Maryland-College Park, where he has taught since 1975. He has written seven books including The Moral Foundations of Trust (Cambridge University Press, 2002), and The Decline of Comity in Congress (University of Michigan Press, 1993). In 1981-82 he was Fulbright Professor of American Studies and Political Science at the Hebrew University, Jerusalem, Israel and in 2005, he was a Fulbright Senior Specialist Lecturer at Novosibirsk State Technical University, Novosibirsk, Siberia, Russia. In 2006 he was appointed the first Senior Research Fellow at the Center for American Law and Political Science at the Southwest University of Political Science and Law, Chongqing, China.
Book Synopsis Political Order and Inequality by : Carles Boix
Download or read book Political Order and Inequality written by Carles Boix and published by Cambridge University Press. This book was released on 2015-02-23 with total page 335 pages. Available in PDF, EPUB and Kindle. Book excerpt: The fundamental question of political theory, one that precedes all other questions about the nature of political life, is why there is a state at all. This book describes the foundations of stateless societies, why and how states emerge, and the basis of political obligation.
Book Synopsis A Discourse on Inequality by : Jean-Jacques Rousseau
Download or read book A Discourse on Inequality written by Jean-Jacques Rousseau and published by Open Road Media. This book was released on 2016-04-26 with total page 89 pages. Available in PDF, EPUB and Kindle. Book excerpt: A fascinating examination of the relationship between civilization and inequality from one of history’s greatest minds The first man to erect a fence around a piece of land and declare it his own founded civil society—and doomed mankind to millennia of war and famine. The dawn of modern civilization, argues Jean-Jacques Rousseau in this essential treatise on human nature, was also the beginning of inequality. One of the great thinkers of the Enlightenment, Rousseau based his work in compassion for his fellow man. The great crime of despotism, he believed, was the raising of the cruel above the weak. In this landmark text, he spells out the antidote for man’s ills: a compassionate revolution to pull up the fences and restore the balance of mankind. This ebook has been professionally proofread to ensure accuracy and readability on all devices.
Book Synopsis The American Non-Dilemma by : Nancy DiTomaso
Download or read book The American Non-Dilemma written by Nancy DiTomaso and published by Russell Sage Foundation. This book was released on 2013-01-17 with total page 430 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Civil Rights movement of the 1960s seemed to mark a historical turning point in advancing the American dream of equal opportunity for all citizens, regardless of race. Yet 50 years on, racial inequality remains a troubling fact of life in American society and its causes are highly contested. In The American Non-Dilemma, sociologist Nancy DiTomaso convincingly argues that America's enduring racial divide is sustained more by whites' preferential treatment of members of their own social networks than by overt racial discrimination. Drawing on research from sociology, political science, history, and psychology, as well as her own interviews with a cross-section of non-Hispanic whites, DiTomaso provides a comprehensive examination of the persistence of racial inequality in the post-Civil Rights era and how it plays out in today's economic and political context. Taking Gunnar Myrdal's classic work on America's racial divide, The American Dilemma, as her departure point, DiTomaso focuses on "the white side of the race line." To do so, she interviewed a sample of working, middle, and upper-class whites about their life histories, political views, and general outlook on racial inequality in America. While the vast majority of whites profess strong support for civil rights and equal opportunity regardless of race, they continue to pursue their own group-based advantage, especially in the labor market where whites tend to favor other whites in securing jobs protected from market competition. This "opportunity hoarding" leads to substantially improved life outcomes for whites due to their greater access to social resources from family, schools, churches, and other institutions with which they are engaged. DiTomaso also examines how whites understand the persistence of racial inequality in a society where whites are, on average, the advantaged racial group. Most whites see themselves as part of the solution rather than part of the problem with regard to racial inequality. Yet they continue to harbor strong reservations about public policies—such as affirmative action—intended to ameliorate racial inequality. In effect, they accept the principles of civil rights but not the implementation of policies that would bring about greater racial equality. DiTomaso shows that the political engagement of different groups of whites is affected by their views of how civil rights policies impact their ability to provide advantages to family and friends. This tension between civil and labor rights is evident in Republicans' use of anti-civil rights platforms to attract white voters, and in the efforts of Democrats to bridge race and class issues, or civil and labor rights broadly defined. As a result, DiTomaso finds that whites are, at best, uncertain allies in the fight for racial equality. Weaving together research on both race and class, along with the life experiences of DiTomaso's interview subjects, The American Non-Dilemma provides a compelling exploration of how racial inequality is reproduced in today's society, how people come to terms with the issue in their day-to-day experiences, and what these trends may signify in the contemporary political landscape.
Book Synopsis The Color of Law: A Forgotten History of How Our Government Segregated America by : Richard Rothstein
Download or read book The Color of Law: A Forgotten History of How Our Government Segregated America written by Richard Rothstein and published by Liveright Publishing. This book was released on 2017-05-02 with total page 246 pages. Available in PDF, EPUB and Kindle. Book excerpt: New York Times Bestseller • Notable Book of the Year • Editors' Choice Selection One of Bill Gates’ “Amazing Books” of the Year One of Publishers Weekly’s 10 Best Books of the Year Longlisted for the National Book Award for Nonfiction An NPR Best Book of the Year Winner of the Hillman Prize for Nonfiction Gold Winner • California Book Award (Nonfiction) Finalist • Los Angeles Times Book Prize (History) Finalist • Brooklyn Public Library Literary Prize This “powerful and disturbing history” exposes how American governments deliberately imposed racial segregation on metropolitan areas nationwide (New York Times Book Review). Widely heralded as a “masterful” (Washington Post) and “essential” (Slate) history of the modern American metropolis, Richard Rothstein’s The Color of Law offers “the most forceful argument ever published on how federal, state, and local governments gave rise to and reinforced neighborhood segregation” (William Julius Wilson). Exploding the myth of de facto segregation arising from private prejudice or the unintended consequences of economic forces, Rothstein describes how the American government systematically imposed residential segregation: with undisguised racial zoning; public housing that purposefully segregated previously mixed communities; subsidies for builders to create whites-only suburbs; tax exemptions for institutions that enforced segregation; and support for violent resistance to African Americans in white neighborhoods. A groundbreaking, “virtually indispensable” study that has already transformed our understanding of twentieth-century urban history (Chicago Daily Observer), The Color of Law forces us to face the obligation to remedy our unconstitutional past.
Book Synopsis Administrative Burden by : Pamela Herd
Download or read book Administrative Burden written by Pamela Herd and published by Russell Sage Foundation. This book was released on 2019-01-09 with total page 360 pages. Available in PDF, EPUB and Kindle. Book excerpt: Bureaucracy, confusing paperwork, and complex regulations—or what public policy scholars Pamela Herd and Donald Moynihan call administrative burdens—often introduce delay and frustration into our experiences with government agencies. Administrative burdens diminish the effectiveness of public programs and can even block individuals from fundamental rights like voting. In AdministrativeBurden, Herd and Moynihan document that the administrative burdens citizens regularly encounter in their interactions with the state are not simply unintended byproducts of governance, but the result of deliberate policy choices. Because burdens affect people’s perceptions of government and often perpetuate long-standing inequalities, understanding why administrative burdens exist and how they can be reduced is essential for maintaining a healthy public sector. Through in-depth case studies of federal programs and controversial legislation, the authors show that administrative burdens are the nuts-and-bolts of policy design. Regarding controversial issues such as voter enfranchisement or abortion rights, lawmakers often use administrative burdens to limit access to rights or services they oppose. For instance, legislators have implemented administrative burdens such as complicated registration requirements and strict voter-identification laws to suppress turnout of African American voters. Similarly, the right to an abortion is legally protected, but many states require women seeking abortions to comply with burdens such as mandatory waiting periods, ultrasounds, and scripted counseling. As Herd and Moynihan demonstrate, administrative burdens often disproportionately affect the disadvantaged who lack the resources to deal with the financial and psychological costs of navigating these obstacles. However, policymakers have sometimes reduced administrative burdens or shifted them away from citizens and onto the government. One example is Social Security, which early administrators of the program implemented in the 1930s with the goal of minimizing burdens for beneficiaries. As a result, the take-up rate is about 100 percent because the Social Security Administration keeps track of peoples’ earnings for them, automatically calculates benefits and eligibility, and simply requires an easy online enrollment or visiting one of 1,200 field offices. Making more programs and public services operate this efficiently, the authors argue, requires adoption of a nonpartisan, evidence-based metric for determining when and how to institute administrative burdens, with a bias toward reducing them. By ensuring that the public’s interaction with government is no more onerous than it need be, policymakers and administrators can reduce inequality, boost civic engagement, and build an efficient state that works for all citizens.
Download or read book Social Justice written by Madison Powers and published by Oxford University Press. This book was released on 2008-09-25 with total page 244 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume develops a theory of social justice for the specific context of health care policy, although it can also be applied to education, economic development and other social policy issues where resources are limited.
Book Synopsis Democracy, Inequality, and Representation in Comparative Perspective by : Pablo Beramendi
Download or read book Democracy, Inequality, and Representation in Comparative Perspective written by Pablo Beramendi and published by Russell Sage Foundation. This book was released on 2008-09-04 with total page 448 pages. Available in PDF, EPUB and Kindle. Book excerpt: The gap between the richest and poorest Americans has grown steadily over the last thirty years, and economic inequality is on the rise in many other industrialized democracies as well. But the magnitude and pace of the increase differs dramatically across nations. A country’s political system and its institutions play a critical role in determining levels of inequality in a society. Democracy, Inequality, and Representation argues that the reverse is also true—inequality itself shapes political systems and institutions in powerful and often overlooked ways. In Democracy, Inequality, and Representation, distinguished political scientists and economists use a set of international databases to examine the political causes and consequences of income inequality. The volume opens with an examination of how differing systems of political representation contribute to cross-national variations in levels of inequality. Torben Iverson and David Soskice calculate that taxes and income transfers help reduce the poverty rate in Sweden by over 80 percent, while the comparable figure for the United States is only 13 percent. Noting that traditional economic models fail to account for this striking discrepancy, the authors show how variations in electoral systems lead to very different outcomes. But political causes of disparity are only one part of the equation. The contributors also examine how inequality shapes the democratic process. Pablo Beramendi and Christopher Anderson show how disparity mutes political voices: at the individual level, citizens with the lowest incomes are the least likely to vote, while high levels of inequality in a society result in diminished electoral participation overall. Thomas Cusack, Iverson, and Philipp Rehm demonstrate that uncertainty in the economy changes voters’ attitudes; the mere risk of losing one’s job generates increased popular demand for income support policies almost as much as actual unemployment does. Ronald Rogowski and Duncan McRae illustrate how changes in levels of inequality can drive reforms in political institutions themselves. Increased demand for female labor participation during World War II led to greater equality between men and women, which in turn encouraged many European countries to extend voting rights to women for the first time. The contributors to this important new volume skillfully disentangle a series of complex relationships between economics and politics to show how inequality both shapes and is shaped by policy. Democracy, Inequality, and Representation provides deeply nuanced insight into why some democracies are able to curtail inequality—while others continue to witness a division that grows ever deeper.
Book Synopsis Unveiling Inequality by : Roberto Patricio Korzeniewicz
Download or read book Unveiling Inequality written by Roberto Patricio Korzeniewicz and published by Russell Sage Foundation. This book was released on 2009-11-25 with total page 216 pages. Available in PDF, EPUB and Kindle. Book excerpt: Despite the vast expansion of global markets during the last half of the twentieth century, social science still most often examines and measures inequality and social mobility within individual nations rather than across national boundaries. Every country has both rich and poor populations making demands—via institutions, political processes, or even conflict—on how their resources will be distributed. But shifts in inequality in one country can precipitate accompanying shifts in another. Unveiling Inequality authors Roberto Patricio Korzeniewicz and Timothy Patrick Moran make the case that within-country analyses alone have not adequately illuminated our understanding of global stratification. The authors present a comprehensive new framework that moves beyond national boundaries to analyze economic inequality and social mobility on a global scale and from a historical perspective. Assembling data on patterns of inequality in more than ninety-six countries, Unveiling Inequality reframes the relationship between globalization and inequality within and between nations. Korzeniewicz and Moran first examine two different historical patterns—“High Inequality Equilibrium” and “Low Inequality Equilibrium”—and question whether increasing equality, democracy, and economic growth are inextricably linked as nations modernize. Inequality is best understood as a complex set of relational interactions that unfold globally over time. So the same institutional mechanisms that have historically reduced inequality within some nations have also often accentuated the selective exclusion of populations from poorer countries and enhanced high inequality equilibrium between nations. National identity and citizenship are the fundamental contemporary bases of stratification and inequality in the world, the authors conclude. Drawing on these insights, the book recasts patterns of mobility within global stratification. The authors detail the three principal paths available for social mobility from a global perspective: within-country mobility, mobility through national economic growth, and mobility through migration. Korzeniewicz and Moran provide strong evidence that the nation where we are born is the single greatest deter-mining factor of how we will live. Too much sociological literature on inequality focuses on the plight of “have-nots” in wealthy nations who have more opportunity for social mobility than even the average individual in nations perennially at the bottom of the wealth distribution scale. Unveiling Inequality represents a major paradigm shift in thinking about social inequality and a clarion call to reorient discussions of economic justice in world-historical global terms.
Download or read book Trust in the Law written by Tom R. Tyler and published by Russell Sage Foundation. This book was released on 2002-10-10 with total page 265 pages. Available in PDF, EPUB and Kindle. Book excerpt: Public opinion polls suggest that American's trust in the police and courts is declining. The same polls also reveal a disturbing racial divide, with minorities expressing greater levels of distrust than whites. Practices such as racial profiling, zero-tolerance and three-strikes laws, the use of excessive force, and harsh punishments for minor drug crimes all contribute to perceptions of injustice. In Trust in the Law, psychologists Tom R. Tyler and Yuen J. Huo present a compelling argument that effective law enforcement requires the active engagement and participation of the communities it serves, and argue for a cooperative approach to law enforcement that appeals to people's sense of fair play, even if the outcomes are not always those with which they agree. Based on a wide-ranging survey of citizens who had recent contact with the police or courts in Oakland and Los Angeles, Trust in the Law examines the sources of people's favorable and unfavorable reactions to their encounters with legal authorities. Tyler and Huo address the issue from a variety of angles: the psychology of decision acceptance, the importance of individual personal experiences, and the role of ethnic group identification. They find that people react primarily to whether or not they are treated with dignity and respect, and the degree to which they feel they have been treated fairly helps to shape their acceptance of the legal process. Their findings show significantly less willingness on the part of minority group members who feel they have been treated unfairly to trust the motives to subsequent legal decisions of law enforcement authorities. Since most people in the study generalize from their personal experiences with individual police officers and judges, Tyler and Huo suggest that gaining maximum cooperation and consent of the public depends upon fair and transparent decision-making and treatment on the part of law enforcement officers. Tyler and Huo conclude that the best way to encourage compliance with the law is for legal authorities to implement programs that foster a sense of personal involvement and responsibility. For example, community policing programs, in which the local population is actively engaged in monitoring its own neighborhood, have been shown to be an effective tool in improving police-community relationships. Cooperation between legal authorities and community members is a much discussed but often elusive goal. Trust in the Law shows that legal authorities can behave in ways that encourage the voluntary acceptance of their directives, while also building trust and confidence in the overall legitimacy of the police and courts. A Volume in the Russell Sage Foundation Series on Trust
