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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 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 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 Observing Law Through Systems Theory by : Richard Nobles
Download or read book Observing Law Through Systems Theory written by Richard Nobles and published by . This book was released on 2013 with total page 274 pages. Available in PDF, EPUB and Kindle. Book excerpt: "This book is complementary to our book A sociology of jurisprudence, although it is not necessary for readers to have read that book in order to engage with what we present here."--Preface.
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 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 Observing Law through Systems Theory by : Richard Nobles
Download or read book Observing Law through Systems Theory written by Richard Nobles and published by Bloomsbury Publishing. This book was released on 2012-12-07 with total page 282 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book uses Niklas Luhmann's systems theory to explore how the legal system operates as one of modern society's subsystems. The authors demonstrate how this theory alters our understanding of some of the most important and controversial issues within law: the nature of judicial communication and legal argument; the claim that it can be right to disobey law; the character of legal pluralism and globalisation; time and its construction within law; the significance of the rule of law and human rights and the role of appeals to, and within, law. Systems theory enables the authors to demonstrate how the legal system observes its own operations through its own communications, and how this contrasts with the manner in which law is observed by other systems such as the media and politics. In this context the authors explore the constraints imposed by systems, in particular the legal system, upon the individuals who participate in them.
Download or read book Sociology of Law written by Alfons Bora and published by Springer Nature. This book was released on with total page 347 pages. Available in PDF, EPUB and Kindle. Book excerpt:
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 378 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 Feedback Thought in Social Science and Systems Theory by : George P. Richardson
Download or read book Feedback Thought in Social Science and Systems Theory written by George P. Richardson and published by . This book was released on 1999 with total page 374 pages. Available in PDF, EPUB and Kindle. Book excerpt: This is a study of a method of thinking in the social sciences known as the loop concept. This concept underlies the notions of feedback and circular causality. The author attempts to illuminate the significance of classical and contemporary feedback thinking in social science and social policy.
Book Synopsis The Hollow Hope by : Gerald N. Rosenberg
Download or read book The Hollow Hope written by Gerald N. Rosenberg and published by University of Chicago Press. This book was released on 2008-09-15 with total page 541 pages. Available in PDF, EPUB and Kindle. Book excerpt: In follow-up studies, dozens of reviews, and even a book of essays evaluating his conclusions, Gerald Rosenberg’s critics—not to mention his supporters—have spent nearly two decades debating the arguments he first put forward in The Hollow Hope. With this substantially expanded second edition of his landmark work, Rosenberg himself steps back into the fray, responding to criticism and adding chapters on the same-sex marriage battle that ask anew whether courts can spur political and social reform. Finding that the answer is still a resounding no, Rosenberg reaffirms his powerful contention that it’s nearly impossible to generate significant reforms through litigation. The reason? American courts are ineffective and relatively weak—far from the uniquely powerful sources for change they’re often portrayed as. Rosenberg supports this claim by documenting the direct and secondary effects of key court decisions—particularly Brown v. Board of Education and Roe v. Wade. He reveals, for example, that Congress, the White House, and a determined civil rights movement did far more than Brown to advance desegregation, while pro-choice activists invested too much in Roe at the expense of political mobilization. Further illuminating these cases, as well as the ongoing fight for same-sex marriage rights, Rosenberg also marshals impressive evidence to overturn the common assumption that even unsuccessful litigation can advance a cause by raising its profile. Directly addressing its critics in a new conclusion, The Hollow Hope, Second Edition promises to reignite for a new generation the national debate it sparked seventeen years ago.
Book Synopsis The Politico-Legal Dynamics of Judicial Review by : Theunis Roux
Download or read book The Politico-Legal Dynamics of Judicial Review written by Theunis Roux and published by Cambridge University Press. This book was released on 2018-09-06 with total page 389 pages. Available in PDF, EPUB and Kindle. Book excerpt: Comparative scholarship on judicial review has paid a lot of attention to the causal impact of politics on judicial decision-making. However, the slower-moving, macro-social process through which judicial review influences societal conceptions of the law/politics relation is less well understood. Drawing on the political science literature on institutional change, The Politico-Legal Dynamics of Judicial Review tests a typological theory of the evolution of judicial review regimes - complexes of legitimating ideas about the law/politics relation. The theory posits that such regimes tend to conform to one of four main types - democratic or authoritarian legalism, or democratic or authoritarian instrumentalism. Through case studies of Australia, India, and Zimbabwe, and a comparative chapter analyzing ten additional societies, the book then explores how actually-existing judicial review regimes transition between these types. This process of ideational development, Roux concludes, is distinct both from the everyday business of constitutional politics and from changes to the formal constitution.
Book Synopsis Social Rights Jurisprudence by : Malcolm Langford
Download or read book Social Rights Jurisprudence written by Malcolm Langford and published by Cambridge University Press. This book was released on 2008 with total page 705 pages. Available in PDF, EPUB and Kindle. Book excerpt: The book is the most comprehensive in its area and analyses many jurisdictions that have received little attention.
Book Synopsis Networking the Rule of Law by : Cristina Dallara
Download or read book Networking the Rule of Law written by Cristina Dallara and published by Routledge. This book was released on 2016-04-22 with total page 190 pages. Available in PDF, EPUB and Kindle. Book excerpt: Judicial networks have proved effective in influencing recent judicial policies enacted by both old and new EU member states. However, this influence has not been standard. This volume seeks to improve our understanding of how networks function, as well as the extent they matter in the governance of a constitutional democracy. The authors examine the judicial function of networks, the way they cross the legal and territorial borders that confine the jurisdiction of the domestic institutions, and whether or not they are independent of the capacity and the leadership of their members. A highly salient issue in contemporary law and politics, judicial networks are now qualified actors of governance. With the aim to understand how, to what extent, and with what consequences networks interact with hierarchical institutions that still exist within the States, this book is essential reading for legal experts, policy makers engaged in promoting the rule of law, members of the judicial networks in the EU and extra EU countries, as well as academics and students.
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 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 Theory & Practice in Clinical Social Work by : Jerrold R. Brandell
Download or read book Theory & Practice in Clinical Social Work written by Jerrold R. Brandell and published by SAGE Publications. This book was released on 2010-02-16 with total page 1475 pages. Available in PDF, EPUB and Kindle. Book excerpt: This thoroughly updated resource is the only comprehensive anthology addressing frameworks for treatment, therapeutic modalities, and specialized clinical issues, themes, and dilemmas encountered in clinical social work practice. Editor Jerrold R. Brandell and other leading figures in the field present carefully devised methods, models, and techniques for responding to the needs of an increasingly diverse clientele. Key Features Coverage of the most commonly used theoretical frameworks and systems in social work practice Entirely new chapters devoted to clinical responses to terrorism and natural disasters, clinical case management, neurobiological theory, cross-cultural clinical practice, and research on clinical practice Completely revised chapters on psychopharmacology, dynamic approaches to brief and time-limited clinical social work, and clinical practice with gay men Content on the evidentiary base for clinical practice New, detailed clinical illustrations in many chapters offering valuable information about therapeutic process dimensions and the use of specialized methods and clinical techniques Accompanied by Robust Ancillaries. The password-protected Instructor Teaching Site of the companion site includes a test bank, recommended readings, and relevant Internet websites. The open-access Student Study Site offers chapter summaries, keywords, recommended Web sites, and recommended readings. The extensive breadth of coverage makes this book an essential source of information for students in advanced practice courses and practicing social workers alike.
