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Author : Russell Hogg
Publisher : Pluto Press (UK)
ISBN 13 : 9781864030273
Total Pages : 256 pages
Book Rating : 4.0/5 (32 download)
Download or read book Rethinking Law and Order written by Russell Hogg and published by Pluto Press (UK). This book was released on 1998 with total page 256 pages. Available in PDF, EPUB and Kindle. Book excerpt: Rethinking law and order.
Author : Nancy Cartwright
Publisher : Bloomsbury Publishing
ISBN 13 : 1474244084
Total Pages : 207 pages
Book Rating : 4.4/5 (742 download)
Download or read book Rethinking Order written by Nancy Cartwright and published by Bloomsbury Publishing. This book was released on 2016-06-30 with total page 207 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book presents a radical new picture of natural order. The Newtonian idea of a cosmos ruled by universal and exceptionless laws has been superseded; replaced by a conception of nature as a realm of diverse powers, potencies, and dispositions, a 'dappled world'. There is order in nature, but it is more local, diverse, piecemeal, open, and emergent than Newton imagined. In each chapter expert authors expound the historical context of the idea of laws of nature, and explore the diverse sorts of order actually presupposed by work in physics, biology, and the social sciences. They consider how human freedom might be understood, and explore how Newton's idea of a 'universal designer' might be revised, in this new context. They argue that there is not one unified totalizing program of science, aiming at the completion of one closed causal system. We live in an ordered universe, but we need to rethink the classical idea of the 'laws of nature' in a more dynamic and creatively diverse way.
Author : Gary Wickham
Publisher : Hart Publishing
ISBN 13 : 1841132934
Total Pages : 187 pages
Book Rating : 4.8/5 (411 download)
Download or read book Rethinking Law, Society and Governance written by Gary Wickham and published by Hart Publishing. This book was released on 2001-12 with total page 187 pages. Available in PDF, EPUB and Kindle. Book excerpt: The product of a workshop held at the International Institute for the Sociology of Law in Onati, Spain, the nine chapters collected here re- examine the idea of governmentality--most often associated with the work of Michel Foucault--to measure its relevance to contemporary sociolegal issues. The book considers whether political involvement should be a necessary component of a governmentality approach, challenging governmentality theorists who have analyzed conceptual practices without demanding that they be applied to local political systems. The contributors ponder topics including liberal government and resistance to it, unemployment, and crime as well as issues of philosophy and methodology. Distributed by ISBS. Annotation copyrighted by Book News, Inc., Portland, OR
Author : Charles Sampford
Publisher : Routledge
ISBN 13 : 1317064119
Total Pages : 383 pages
Book Rating : 4.3/5 (17 download)
Download or read book Rethinking International Law and Justice written by Charles Sampford and published by Routledge. This book was released on 2016-04-08 with total page 383 pages. Available in PDF, EPUB and Kindle. Book excerpt: General principles of law have made, and are likely further to make, a significant contribution to our understanding of the constituent elements of global justice. Dealing extensively with global headline issues of peace, security and justice, this book explores justice arising in specific areas of international law, as well as underlying theories of justice from political science and international relations. With contributions from leading academics and practitioners, the book adopts an interdisciplinary approach. Covering issues such as international humanitarian law, and examining the significance of non-state actors for the development of international law, the collection concludes with the complex question of how best to rethink aspects of international justice. The lessons derived from this research will have wide implications for both developed and emerging nation-states in rethinking sensitive issues of international law and justice. As such, this book will be of interest to academics and practitioners interested in international law, environmental law, human rights, ethics, international relations and political theory.
Author : Amy Kapczynski
Publisher : MIT Press
ISBN 13 : 1946511730
Total Pages : 170 pages
Book Rating : 4.9/5 (465 download)
Download or read book Rethinking Law written by Amy Kapczynski and published by MIT Press. This book was released on 2022-07-05 with total page 170 pages. Available in PDF, EPUB and Kindle. Book excerpt: Some of today’s top legal thinkers consider the ways that legal thinking has bolstered—rather than corrected—injustice. Bringing together some of today’s top legal thinkers, this volume reimagines law in the twenty-first century, zeroing in on the most vibrant debates among legal scholars today. Going beyond constitutional jurisprudence as conventionally understood, contributors show the ways in which legal thinking has bolstered rather than corrected injustice. If conservative approaches have been well served by court-centered change, contributors to Rethinking Law consider how progressive ones might rely on movement-centered, legislative, and institutional change. In other words, they believe that the problems we face today are vastly bigger than can be addressed by litigation. The courts still matter, of course, but they should be less central to questions about social justice. Contributors describe how constitutional law supported a system of economic inequality; how we might rethink the First Amendment in the age of the internet; how deeply racial bias is embedded in our laws; and what kinds of changes are necessary. They ask which is more important: the laws or how they are enforced? Rethinking Law considers these questions with an eye toward a legal system that truly supports a just society. Contributors include Jedediah Purdy, David Grewal, Jamal Greene, Reva Siegel, Jocelyn Simonson, Aziz Rana
Author : Steven Mulroy
Publisher : Edward Elgar Publishing
ISBN 13 : 1788117514
Total Pages : 176 pages
Book Rating : 4.7/5 (881 download)
Download or read book Rethinking US Election Law written by Steven Mulroy and published by Edward Elgar Publishing. This book was released on with total page 176 pages. Available in PDF, EPUB and Kindle. Book excerpt: Recent U.S. elections have defied nationwide majority preference at the White House, Senate, and House levels. This work of interdisciplinary scholarship explains how “winner-take-all” and single-member district elections make this happen, and what can be done to repair the system. Proposed reforms include the National Popular Vote interstate compact (presidential elections); eliminating the Senate filibuster; and proportional representation using Ranked Choice Voting for House, state, and local elections.
Author : Leo Zaibert
Publisher : Cambridge University Press
ISBN 13 : 110867660X
Total Pages : 278 pages
Book Rating : 4.1/5 (86 download)
Download or read book Rethinking Punishment written by Leo Zaibert and published by Cambridge University Press. This book was released on 2018-04-19 with total page 278 pages. Available in PDF, EPUB and Kindle. Book excerpt: The age-old debate about what constitutes just punishment has become deadlocked. Retributivists continue to privilege desert over all else, and consequentialists continue to privilege punishment's expected positive consequences, such as deterrence or rehabilitation, over all else. In this important intervention into the debate, Leo Zaibert argues that despite some obvious differences, these traditional positions are structurally very similar, and that the deadlock between them stems from the fact they both oversimplify the problem of punishment. Proponents of these positions pay insufficient attention to the conflicts of values that punishment, even when justified, generates. Mobilizing recent developments in moral philosophy, Zaibert offers a properly pluralistic justification of punishment that is necessarily more complex than its traditional counterparts. An understanding of this complexity should promote a more cautious approach to inflicting punishment on individual wrongdoers and to developing punitive policies and institutions.
Author : William Twining
Publisher : Cambridge University Press
ISBN 13 : 1139453211
Total Pages : 37 pages
Book Rating : 4.1/5 (394 download)
Download or read book Rethinking Evidence written by William Twining and published by Cambridge University Press. This book was released on 2006-06-01 with total page 37 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Law of Evidence has traditionally been perceived as a dry, highly technical, and mysterious subject. This book argues that problems of evidence in law are closely related to the handling of evidence in other kinds of practical decision-making and other academic disciplines, that it is closely related to common sense and that it is an interesting, lively and accessible subject. These essays develop a readable, coherent historical and theoretical perspective about problems of proof, evidence, and inferential reasoning in law. Although each essay is self-standing, they are woven together to present a sustained argument for a broad inter-disciplinary approach to evidence in litigation, in which the rules of evidence play a subordinate, though significant, role. This revised and enlarged edition includes a revised introduction, the best-known essays in the first edition, and chapters on narrative and argumentation, teaching evidence, and evidence as a multi-disciplinary subject.
Author : James MacLean
Publisher : Routledge
ISBN 13 : 1136697764
Total Pages : 217 pages
Book Rating : 4.1/5 (366 download)
Download or read book Rethinking Law as Process written by James MacLean and published by Routledge. This book was released on 2012-05-23 with total page 217 pages. Available in PDF, EPUB and Kindle. Book excerpt: Rethinking Law as Process draws on insights from 'process philosophy' in order to rethink the nature of legal decision making.
Author : Dominique DuBois Gilliard
Publisher : InterVarsity Press
ISBN 13 : 0830887733
Total Pages : 246 pages
Book Rating : 4.8/5 (38 download)
Download or read book Rethinking Incarceration written by Dominique DuBois Gilliard and published by InterVarsity Press. This book was released on 2018-03-02 with total page 246 pages. Available in PDF, EPUB and Kindle. Book excerpt: The United States has more people locked up in jails, prisons, and detention centers than any other country in the history of the world. Exploring the history and foundations of mass incarceration, Dominique Gilliard examines Christianity’s role in its evolution and expansion, assessing justice in light of Scripture, and showing how Christians can pursue justice that restores and reconciles.
Author : Russell Sandberg
Publisher : Edward Elgar Publishing
ISBN 13 : 1800886195
Total Pages : 261 pages
Book Rating : 4.8/5 (8 download)
Download or read book Rethinking Law and Religion written by Russell Sandberg and published by Edward Elgar Publishing. This book was released on 2024-06-05 with total page 261 pages. Available in PDF, EPUB and Kindle. Book excerpt: This incisive book delineates the development of Law and Religion as a sub-discipline, critically reflecting on the author’s own role in constructing the field. It develops a subversive social systems theory in order to take both law and religion seriously and to challenge them equally.
Author : Donald G. Dutton
Publisher : UBC Press
ISBN 13 : 0774859873
Total Pages : 431 pages
Book Rating : 4.7/5 (748 download)
Download or read book Rethinking Domestic Violence written by Donald G. Dutton and published by UBC Press. This book was released on 2011-01-01 with total page 431 pages. Available in PDF, EPUB and Kindle. Book excerpt: Rethinking Domestic Violence is the third in a series of books by Donald Dutton critically reviewing research in the area of intimate partner violence (IPV). The research crosses disciplinary lines, including social and clinical psychology, sociology, psychiatry, affective neuropsychology, criminology, and criminal justice research. Since the area of IPV is so heavily politicized, Dutton tries to steer through conflicting claims by assessing the best research methodology. As a result, he comes to some very new conclusions. These conclusions include the finding that IPV is better predicted by psychological rather than social-structural factors, particularly in cultures where there is relative gender equality. Dutton argues that personality disorders in either gender account for better data on IPV. His findings also contradict earlier views among researchers and policy makers that IPV is essentially perpetrated by males in all societies. Numerous studies are reviewed in arriving at these conclusions, many of which employ new and superior methodologies than were available previously. After twenty years of viewing IPV as generated by gender and focusing on a punitive "law and order" approach, Dutton argues that this approach must be more varied and flexible. Treatment providers, criminal justice system personnel, lawyers, and researchers have indicated the need for a new view of the problem -- one less invested in gender politics and more open to collaborative views and interdisciplinary insights. Dutton’s rethinking of the fundamentals of IPV is essential reading for psychologists, policy makers, and those dealing with the sociology of social science, the relationship of psychology to law, and explanations of adverse behaviour.
Author : James Reist Stoner
Publisher :
ISBN 13 :
Total Pages : 230 pages
Book Rating : 4.3/5 (91 download)
Download or read book Common-law Liberty written by James Reist Stoner and published by . This book was released on 2003 with total page 230 pages. Available in PDF, EPUB and Kindle. Book excerpt: In an ere as morally confused as ours, Stoner argues, we at least ought to know what we've abandoned or suppressed in the name of judicial activism and the modern rights-oriented Constitution. Having lost our way, perhaps the common law, in its original sense, provides a way back, a viable alternative to the debilitating relativism of our current age.
Author : Adam Czarnota
Publisher : Central European University Press
ISBN 13 : 6155053626
Total Pages : 392 pages
Book Rating : 4.1/5 (55 download)
Download or read book Rethinking the Rule of Law after Communism written by Adam Czarnota and published by Central European University Press. This book was released on 2005-09-10 with total page 392 pages. Available in PDF, EPUB and Kindle. Book excerpt: In the original euphoria that attended the virtually simultaneous demise of so many dictatorships in the late 1980s and early 90s, there was a widespread belief that problems of 'transition' basically involved shedding a known past, and replacing it with an also-known future. This volume surveys and contributes to the prolific debates that occurred in the years between the collapse of communism and the enlargement of the European Union regarding the issues of constitutionalism, dealing with the past, and the rule of law in the post-communist world. Eminent scholars explore the issue of transitional justice, highlighting the distinct roles of legal and constitutional bodies in the post-transition period. The introduction seeks to frame the work as an intervention in the discussion of communism and transition-two stable and separate points-while emphasizing the instability of the post-transition moment.
Author : Brownsword, Roger
Publisher : Edward Elgar Publishing
ISBN 13 : 1800886470
Total Pages : 272 pages
Book Rating : 4.8/5 (8 download)
Download or read book Rethinking Law, Regulation, and Technology written by Brownsword, Roger and published by Edward Elgar Publishing. This book was released on 2022-03-04 with total page 272 pages. Available in PDF, EPUB and Kindle. Book excerpt: This insightful book presents a radical rethinking of the relationship between law, regulation, and technology. While in traditional legal thinking technology is neither of particular interest nor concern, this book treats modern technologies as doubly significant, both as major targets for regulation and as potential tools to be used for legal and regulatory purposes. It explores whether our institutions for engaging with new technologies are fit for purpose.
Author : Frederik Swennen
Publisher : Edward Elgar Publishing
ISBN 13 : 1035338416
Total Pages : 297 pages
Book Rating : 4.0/5 (353 download)
Download or read book Rethinking Law's Families and Family Law written by Frederik Swennen and published by Edward Elgar Publishing. This book was released on 2024-11-08 with total page 297 pages. Available in PDF, EPUB and Kindle. Book excerpt: This multi-faceted book combines theoretical, empirical and practical approaches to explore how family law is responding to the ever-changing social dynamics of the family. Bringing together a broad range of experts with innovative perspectives from across the globe, Rethinking Law's Families and Family Law highlights family law's current challenges and presents key avenues for future research.
Author : Erin I. Kelly
Publisher : Harvard University Press
ISBN 13 : 0674980778
Total Pages : 241 pages
Book Rating : 4.6/5 (749 download)
Download or read book The Limits of Blame written by Erin I. Kelly and published by Harvard University Press. This book was released on 2018-11-12 with total page 241 pages. Available in PDF, EPUB and Kindle. Book excerpt: Faith in the power and righteousness of retribution has taken over the American criminal justice system. Approaching punishment and responsibility from a philosophical perspective, Erin Kelly challenges the moralism behind harsh treatment of criminal offenders and calls into question our society’s commitment to mass incarceration. The Limits of Blame takes issue with a criminal justice system that aligns legal criteria of guilt with moral criteria of blameworthiness. Many incarcerated people do not meet the criteria of blameworthiness, even when they are guilty of crimes. Kelly underscores the problems of exaggerating what criminal guilt indicates, particularly when it is tied to the illusion that we know how long and in what ways criminals should suffer. Our practice of assigning blame has gone beyond a pragmatic need for protection and a moral need to repudiate harmful acts publicly. It represents a desire for retribution that normalizes excessive punishment. Appreciating the limits of moral blame critically undermines a commonplace rationale for long and brutal punishment practices. Kelly proposes that we abandon our culture of blame and aim at reducing serious crime rather than imposing retribution. Were we to refocus our perspective to fit the relevant moral circumstances and legal criteria, we could endorse a humane, appropriately limited, and more productive approach to criminal justice.
