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Adolescence, Discrimination, and the Law: Addressing Dramatic Shifts in Equality Jurisprudence
Par Roger J.R. Levesque. 2015
Explores the shifts and the research used to support civil rights claims of discrimination, particularly relating to minority youths’ rights…
to equal treatment In the wake of the civil rights movement, the legal system dramatically changed its response to discrimination based on race, gender, and other characteristics. It is now showing signs of yet another dramatic shift, as it moves from considering difference to focusing on neutrality. Rather than seeking to counter subjugation through special protections for groups that have been historically (and currently) disadvantaged, the Court now adopts a “colorblind” approach. Equality now means treating everyone the same way. This book explores these shifts and the research used to support civil rights claims, particularly relating to minority youths’ rights to equal treatment. It integrates developmental theory with work on legal equality and discrimination, showing both how the legal system can benefit from new research on development and how the legal system itself can work to address invidious discrimination given its significant influence on adolescents—especially those who are racial minorities—at a key stage in their developmental life. Adolescents, Discrimination, and the Law articulates the need to address discrimination by recognizing and enlisting the law’s inculcative powers in multiple sites subject to legal regulation, ranging from families, schools, health and justice systems to religious and community groups. The legal system may champion ideals of neutrality in the goals it sets itself for treating individuals, but it cannot remain neutral in the values it supports and imparts. This volume shows that despite the shift to a focus on neutrality, the Court can and should effectively foster values supporting equality, especially among youth.The Philosophy of Criminal Law: An Introduction
Par Christopher Cowley, Nicola Padfield. 2024
The Philosophy of Criminal Law: An Introduction explores the central concepts of criminal law, such as intention, complicity and duress, and…
how they work, both within criminal law practice and in our everyday lives, from legal and philosophical perspectives. At the heart of the book is the central philosophical concept of responsibility: what does it mean to be responsible for an act, to hold someone responsible for an act, or to give an excuse in order to avoid responsibility for an act? Offering talking points to enrich an ongoing conversation, this unique textbook addresses all of these questions in an accessible way for law and non-law students alike. Real cases are examined in detail and a critical approach to the criminal law is adopted throughout. The focus will be mainly on the criminal law of England and Wales, with occasional cases from other jurisdictions, and occasional examples from other areas of law. This text will be ideal reading for advanced undergraduate and graduate students of law, philosophy and criminology, as well as political science and sociology.In 2018, the members of the African Union adopted the African Continental Free Trade Area Agreement (AfCFTA). This book examines…
the AfCFTA, dissecting its key provisions. It stresses the importance of the AfCFTA in the context of increasing episodes of trade protection in Africa, and it theorizes on the role of the treaty organs. The book also examines the importance of citizen participation for the success of the AfCFTA, as well as exploring the role sub-state actors can play. Ultimately, the study adds to the understanding of the array of problems that are associated with regional trade in Africa and the role law plays in resolving these problems. It will be of importance to academics and students of international law, especially those with an interest in African trade law, as well as legal professionals and policymakers.Law, Humans and Plants in the Andes-Amazon: The Lawness of Life (Law, Justice and Ecology)
Par Iván Darío Vargas Roncancio. 2024
Extending law beyond the human, the book examines the conceptual openings, methodological challenges, and ethical conundrums of law in a…
time of socio-ecological transition. How do we learn and practice law across epistemic and ontological difference? What sort of methodologies do we need? In what sense does conjuring other-than-human beings as sentient, cognitive and social agents—rather than mere recipients of state-sanctioned rights—transform what we mean by law and rights of nature in Latin America and beyond? Legal institutions exclusively focused on human perspectives seem insufficiently capable of addressing current socio-ecological challenges in Latin America and beyond. In response, this book strives to integrate other-than-human beings within legal thinking, institutions, and decision-making protocols. Weaving together various fields of knowledge and worldmaking practices that include – but are not limited to – Indigenous legal traditions, ecological law, multispecies ethnography, and ecological economics, the book pursues a multi-sited ethnography that focuses on the entanglement of law, ecology, and Indigenous cosmologies in Southern Colombia. In so doing, it articulates a general post-anthropocentric legal theory which is proposed, a tool to address socio-ecological challenges such as climate change and bio-cultural loss. This book will be of interest to scholars and students in the disciplines of environmental law, Earth law and ecological law, legal theory and critical legal studies; as well as others working in the in the fields of Indigenous studies, environmental humanities, legal anthropology, and sustainability and climate change justice.Impeachment in a Global Context: Law, Politics, and Comparative Practice (Routledge Frontiers in Accountability Studies)
Par Chris Monaghan, Matthew Flinders, Aziz Z. Huq. 2024
This volume considers the use of impeachment within a global context. The book brings together leading scholars and experts to…
give an insight into significant periods in the development of impeachment and its modern comparative use. Divided into five parts, the opening chapter introduces the topic and underlines its significance in terms of understanding the relationship and inter-dependence among politics, governance and the law. It also offers a novel conceptual framework that facilitates the global mapping of impeachment processes. Part I presents a thematic approach that explores the topic of impeachment through the lenses of democracy, human rights and the rule of law. With these themes in mind, Part II focuses on those parts of the world where impeachment is generally recognised as a core constitutional process including the United States, South Korea, Brazil and other countries in South America. Part III continues with the process of constitutional mapping by moving to a focus on those countries where impeachment is arguably an important but largely secondary or peripheral process. This includes chapters on Denmark, Iceland, Sri Lanka and the Philippines and flows through into Part IV’s focus on areas of the world where impeachment matters and may even be increasing in terms of visibility but, for a number of reasons, arguably exists within a satellite status in terms of constitutional processes and safeguards. The fifth and final section steps back in an attempt to assess impeachment processes from a broad comparative perspective. The collection presents the definitive text on impeachment for students and scholars with an interest in comparative public law, politics and constitutional studies.This book contrasts and compares the different application of the law relating to the welfare interests and rights of children…
in France and Germany. It does so by applying the same matrix of indicators to explore jurisdictional differences between welfare interests and rights in the contexts of public family law (civil – care and protection etc and criminal – youth justice etc); private family law (matrimonial, adoption etc); and hybrid public/private family law (wardship, adoption from state care etc). By profiling the nations in accordance with the same indicators it reveals important jurisdictional differences in the extent to which welfare interests or rights determine how the law is currently applied to children in France and Germany. This volume will be of interest to academics and researchers engaged in law, legal studies and social policy, and also to policymakers, administrators, and professionals working within child welfare systems.Theorizing Legal Punishment (Routledge Research in Legal Philosophy)
Par Richard L. Lippke. 2024
This book systematically defends an account of the institution of legal punishment that draws on both retributive and crime-prevention thinking.…
The work argues that legal punishment censures convicted offenders and thus morally communicates with them, any victims, and the broader community, while also serving to reduce future crime. The expressive or retributive element is assigned the lead role in this mixed account because it better captures the notion that members of society are to be held morally accountable for their failures to abide by defensible criminal prohibitions of various kinds. Despite this, it is conceded that the reduction of crime plays a vital role in justifying the institution of legal punishment and the book contains extended discussion of how and why this is so. Beyond its explication of the aims of legal punishment and their respective roles within a mixed theory, the study devotes separate chapters to sentencing, criminal procedure, and the imposition of fees and collateral legal consequences on individuals who have been convicted of crimes and fully served their sentences. In these ways, the work moves beyond discussion of the abstract aims of legal punishment to details of the institution’s internal structure and operations. The many historical deficiencies and failures of the institution are duly noted and the challenges they pose for punishment theorizing are examined. The book closes with discussion of the limited success of punishment institutions in apprehending, convicting, and punishing those who violate the law, including many who do so in serious ways. Alternatives to reliance on legal punishment institutions are briefly examined. In the end, retention of such institutions is urged although it is suggested that we ought to have modest expectations about their ultimate success. The work will be of interest to those working in the areas of Legal Philosophy and Criminology.A Legal Assessment of the Efficacy of Consultation with Indigenous Peoples: The Case of Brazil
Par Catarina Woyames Dreher. 2024
This book offers a novel perspective on consultation with indigenous peoples in projects of natural resource exploitation. Engaging with current debates in international law, the study…
introduces a multi-dimensional perspective on consultation understood to include self-determination and cultural rights. It analyzes evidence from several countries across the Americas and Africa and presents an original and in-depth case study of Brazil. The book assesses judicial and legislative cases, drawing on relevant literature, international treaties and supplementary information gained from expert interviews. This supports the work’s broader objective to explore legal facts as well as to evaluate the empirical evidence in light of theoretical considerations. It thereby expands the understanding of consultation as a right under national legal systems and considers practical ways on how to enforce domestic redress for avoiding legal indeterminacy. The conclusions of the analysis contribute to not only a better understanding of the subject matter but also showcase ways of how to improve the realities on the ground. The book puts forward a range of recommendations directed at national authorities, international organizations, development lenders and civil society to help improve the unsatisfactory present circumstances. The intended audience encompasses legal scholars, students, practitioners and journalists, as well as anyone interested in research on the realization of indigenous peoples’ rights and the role of international law in the 21st century.Unsustainable: Measurement, Reporting, and the Limits of Corporate Sustainability
Par Matthew Archer. 2024
A behind-the-scenes look at how corporate and financial actors enforce a business-friendly approach to global sustainabilityIn recent years, companies have…
felt the pressure to be transparent about their environmental impact. Large documents containing summaries of yearly emissions rates, carbon output, and utilized resources are shared on companies’ social media pages, websites, and employee briefings in a bid for public confidence in corporate responsibility.And yet, Matthew Archer argues, these metrics are often just hollow symbols. Unsustainable contends with the world of big banks and multinational corporations, where sustainability begins and ends with measuring and reporting. Drawing on five years of research among sustainability professionals in the US and Europe, Unsustainable shows how this depoliticizing tendency to frame sustainability as a technical issue enhances and obscures corporate power while doing little, if anything, to address the root causes of the climate crisis and issues of social inequality. Through this obsession with metrics and indicators, the adage that you can’t manage what you can’t measure transforms into a belief that once you’ve measured social and environmental impacts, the market will simply manage them for you.The book draws on diverse sources of evidence—ethnographic fieldwork among a wide array of sustainability professionals, interviews with private bankers, and apocalyptic science fiction—and features analyses of name-brand companies including Volkswagen, Unilever, and Nestlé. Making the case for the limits of measuring and reporting, Archer seeks to mobilize alternative approaches. Through an intersectional lens incorporating Black and Indigenous theories of knowledge, power and value, he offers a vision of sustainability that aims to be more effective and more socially and ecologically just.Lawyer Nation: The Past, Present, and Future of the American Legal Profession
Par Ray Brescia. 2024
Explores the critical role that American lawyers have played since the nation’s founding and what the future holds for the…
professionThe American legal profession faces significant challenges: the changing nature of work in the wake of the COVID-19 pandemic; calls for greater racial and gender justice; threats to democracy; the inaccessibility of legal services for the majority of Americans; the risk of obsolescence owing to the emergence of new technologies; and the disaffection many lawyers feel toward their work. Ambitious in its scope yet straightforward in its approach, Lawyer Nation seeks to address these crises by offering a path forward for the legal profession. Ray Brescia provides concrete ideas for transforming law into a field whose services are accessible, egalitarian, and viable in the long term. Further, he addresses how the profession can improve so that the health of its practitioners is not compromised in the process. If the legal profession does not respond to its crises in an effective way, he argues, the dysfunction and unfairness plaguing the legal world will deepen. This is an unprecedented opportunity for the world of law to reimagine its future in way that honors its highest ideals: preserving the rule of law, protecting individual liberty, and addressing social inequality in all of its forms.Language and Legal Judgments: Evaluation and Argument in Judicial Discourse (Law, Language and Communication)
Par Stanisław Goźdź-Roszkowski. 2024
Integrating research methods from Linguistics with contemporary Legal Argumentation Theory, this book highlights the complexities of legal justification by focusing…
on the role of value-laden language in argument construction and use. The combination of linguistic analysis and the pragma-dialectic approach to legal argumentation yields a new way of perceiving and understanding the phenomenon of evaluation, one that offers theoretical and practical gains. Analyzing a vast corpus of judicial opinions from the United States Supreme Court and Poland’s Constitutional Court, the book paints a clear picture of complex linguistic choices made by judges to assess and support arguments in the justifications of their decisions. The book will be of interest to scholars in Law, Linguistics and Rhetoric, as well as to judges and practicing lawyers engaged in the art of argumentation.Gute Kinderschutzverfahren: Tatsachenwissenschaftliche Grundlagen, rechtlicher Rahmen und Kooperation im familiengerichtlichen Verfahren
Par Jörg M. Fegert, Thomas Meysen, Heinz Kindler, Katrin Chauviré-Geib, Ulrike Hoffmann, Eva Schumann. 2023
In Kinderschutzfällen ist es Aufgabe der Jugendämter und Familiengerichte, im Raum stehende Kindeswohlgefährdungen einzuschätzen und gegebenenfalls durch geeignete Hilfen und…
Maßnahmen abzuwenden. Diese Einschätzungen und Entscheidungen können den weiteren Lebensweg von Kindern und ihren Eltern stark beeinträchtigen. Umso wichtiger ist es, dass die an familiengerichtlichen Kinderschutzverfahren beteiligten professionellen Akteure sich über ihre eigenen Aufgaben und die der anderen im Klaren sind, damit sie gut zusammenarbeiten können.Das vorliegende Buch vermittelt Grundlagenwissen aus verschiedenen Disziplinen und bietet damit das Fundament für eine gute interdisziplinäre Zusammenarbeit. Es enthält tatsachenwissenschaftliche Erkenntnisse zu Kindeswohlgefährdungen und deren Abwendung Grundlagenwissen zur kindlichen EntwicklungOrientierung zu den beteiligten Akteuren, Vernetzung und Interdisziplinarität Kenntnisse über die rechtlichen Rahmenbedingungen Grundzüge zum Ablauf von KinderschutzverfahrenDie Publikation orientiert sich am interdisziplinären Online-Kurs „Gute Kinderschutzverfahren“ (https://guteverfahren.elearning-kinderschutz.de/) und bietet allen juristischen, sozialpädagogischen, psychologischen und medizinischen Fachkräften die für qualifizierte Kinderschutzverfahren benötigten vertieften Grundlagenkenntnisse. Es handelt sich um eine Open-Access-Publikation mit freiem und uneingeschränktem Zugang zur elektronischen Ausgabe.Elegant Legal Writing
Par Ryan McCarl. 2024
Elegant Legal Writing helps attorneys elevate their writing from passable to polished. Drawing on ideas from cognitive science, stylistics, and…
litigation strategy, the book teaches practical techniques by example using fast-paced chapters. Readers will learn the essentials of effective legal composition: Writing clear, efficient prose Crafting strong arguments Telling a client's story through a compelling narrative Overcoming procrastination and drafting more productively Readability, aesthetics, and argumentation are intertwined. Ryan McCarl shows how litigation documents that are easier and more pleasant to read are more likely to persuade judges and other busy readers. The book also discusses parts of legal writing that many guides overlook, including sentence mechanics, writing technology, and typography.More than any other advanced industrial democracy, the United States is besieged by firearms violence. Each year, some 30,000 people…
die by gunfire. Over the course of its history, the nation has witnessed the murders of beloved public figures; massacres in workplaces and schools; and epidemics of gun violence that terrorize neighborhoods and claim tens of thousands of lives. Commanding majorities of Americans voice support for stricter controls on firearms. Yet they have never mounted a true national movement for gun control. Why? Disarmed unravels this paradox. Based on historical archives, interviews, and original survey evidence, Kristin Goss suggests that the gun control campaign has been stymied by a combination of factors, including the inability to secure patronage resources, the difficulties in articulating a message that would resonate with supporters, and strategic decisions made in the name of effective policy. The power of the so-called gun lobby has played an important role in hobbling the gun-control campaign, but that is not the entire story. Instead of pursuing a strategy of incremental change on the local and state levels, gun control advocates have sought national policies. Some 40% of state gun control laws predate the 1970s, and the gun lobby has systematically weakened even these longstanding restrictions. A compelling and engagingly written look at one of America's most divisive political issues, Disarmed illuminates the organizational, historical, and policy-related factors that constrain mass mobilization, and brings into sharp relief the agonizing dilemmas faced by advocates of gun control and other issues in the United States.Why Tolerate Religion?: Updated Edition
Par Brian Leiter. 2014
Why it's wrong to single out religious liberty for special legal protectionsThis provocative book addresses one of the most enduring…
puzzles in political philosophy and constitutional theory—why is religion singled out for preferential treatment in both law and public discourse? Why are religious obligations that conflict with the law accorded special toleration while other obligations of conscience are not? In Why Tolerate Religion?, Brian Leiter shows why our reasons for tolerating religion are not specific to religion but apply to all claims of conscience, and why a government committed to liberty of conscience is not required by the principle of toleration to grant exemptions to laws that promote the general welfare.Pillars of Prosperity: The Political Economics of Development Clusters (The Yrjö Jahnsson Lectures)
Par Timothy Besley, Torsten Persson. 2011
How nations can promote peace, prosperity, and stability through cohesive political institutions"Little else is required to carry a state to…
the highest degree of opulence from the lowest barbarism, but peace, easy taxes, and a tolerable administration of justice; all the rest being brought about by the natural course of things." So wrote Adam Smith a quarter of a millennium ago. Using the tools of modern political economics and combining economic theory with a bird's-eye view of the data, this book reinterprets Smith's pillars of prosperity to explain the existence of development clusters—places that tend to combine effective state institutions, the absence of political violence, and high per-capita incomes.To achieve peace, the authors stress the avoidance of repressive government and civil conflict. Easy taxes, they argue, refers not to low taxes, but a tax system with widespread compliance that collects taxes at a reasonable cost from a broad base, like income. And a tolerable administration of justice is about legal infrastructure that can support the enforcement of contracts and property rights in line with the rule of law. The authors show that countries tend to enjoy all three pillars of prosperity when they have evolved cohesive political institutions that promote common interests, guaranteeing the provision of public goods. In line with much historical research, international conflict has also been an important force behind effective states by fostering common interests. The absence of common interests and/or cohesive political institutions can explain the existence of very different development clusters in fragile states that are plagued by poverty, violence, and weak state capacity.A Constitution of Many Minds: Why the Founding Document Doesn't Mean What It Meant Before
Par Cass R. Sunstein. 2009
The future of the U.S. Supreme Court hangs in the balance like never before. Will conservatives or liberals succeed in…
remaking the court in their own image? In A Constitution of Many Minds, acclaimed law scholar Cass Sunstein proposes a bold new way of interpreting the Constitution, one that respects the Constitution's text and history but also refuses to view the document as frozen in time. Exploring hot-button issues ranging from presidential power to same-sex relations to gun rights, Sunstein shows how the meaning of the Constitution is reestablished in every generation as new social commitments and ideas compel us to reassess our fundamental beliefs. He focuses on three approaches to the Constitution--traditionalism, which grounds the document's meaning in long-standing social practices, not necessarily in the views of the founding generation; populism, which insists that judges should respect contemporary public opinion; and cosmopolitanism, which looks at how foreign courts address constitutional questions, and which suggests that the meaning of the Constitution turns on what other nations do. Sunstein demonstrates that in all three contexts a "many minds" argument is at work--put simply, better decisions result when many points of view are considered. He makes sense of the intense debates surrounding these approaches, revealing their strengths and weaknesses, and sketches the contexts in which each provides a legitimate basis for interpreting the Constitution today. This book illuminates the underpinnings of constitutionalism itself, and shows that ours is indeed a Constitution, not of any particular generation, but of many minds.Restoring the Lost Constitution: The Presumption of Liberty - Updated Edition
Par Randy E. Barnett. 2014
The U.S. Constitution found in school textbooks and under glass in Washington is not the one enforced today by the…
Supreme Court. In Restoring the Lost Constitution, Randy Barnett argues that since the nation's founding, but especially since the 1930s, the courts have been cutting holes in the original Constitution and its amendments to eliminate the parts that protect liberty from the power of government. From the Commerce Clause, to the Necessary and Proper Clause, to the Ninth and Tenth Amendments, to the Privileges or Immunities Clause of the Fourteenth Amendment, the Supreme Court has rendered each of these provisions toothless. In the process, the written Constitution has been lost. Barnett establishes the original meaning of these lost clauses and offers a practical way to restore them to their central role in constraining government: adopting a "presumption of liberty" to give the benefit of the doubt to citizens when laws restrict their rightful exercises of liberty. He also provides a new, realistic and philosophically rigorous theory of constitutional legitimacy that justifies both interpreting the Constitution according to its original meaning and, where that meaning is vague or open-ended, construing it so as to better protect the rights retained by the people. As clearly argued as it is insightful and provocative, Restoring the Lost Constitution forcefully disputes the conventional wisdom, posing a powerful challenge to which others must now respond. This updated edition features an afterword with further reflections on individual popular sovereignty, originalist interpretation, judicial engagement, and the gravitational force that original meaning has exerted on the Supreme Court in several recent cases.Breaking the Cycles of Hatred: Memory, Law, and Repair
Par Martha Minow. 2003
Violence so often begets violence. Victims respond with revenge only to inspire seemingly endless cycles of retaliation. Conflicts between nations,…
between ethnic groups, between strangers, and between family members differ in so many ways and yet often share this dynamic. In this powerful and timely book Martha Minow and others ask: What explains these cycles and what can break them? What lessons can we draw from one form of violence that might be relevant to other forms? Can legal responses to violence provide accountability but avoid escalating vengeance? If so, what kinds of legal institutions and practices can make a difference? What kinds risk failure? Breaking the Cycles of Hatred represents a unique blend of political and legal theory, one that focuses on the double-edged role of memory in fueling cycles of hatred and maintaining justice and personal integrity. Its centerpiece comprises three penetrating essays by Minow. She argues that innovative legal institutions and practices, such as truth commissions and civil damage actions against groups that sponsor hate, often work better than more conventional criminal proceedings and sanctions. Minow also calls for more sustained attention to the underlying dynamics of violence, the connections between intergroup and intrafamily violence, and the wide range of possible responses to violence beyond criminalization. A vibrant set of freestanding responses from experts in political theory, psychology, history, and law examines past and potential avenues for breaking cycles of violence and for deepening our capacity to avoid becoming what we hate. The topics include hate crimes and hate-crimes legislation, child sexual abuse and the statute of limitations, and the American kidnapping and internment of Japanese Latin Americans during World War II. Commissioned by Nancy Rosenblum, the essays are by Ross E. Cheit, Marc Galanter, Fredrick C. Harris, Judith Lewis Herman, Carey Jaros, Frederick M. Lawrence, Austin Sarat, Ayelet Shachar, Eric K. Yamamoto, and Iris Marion Young.Why Government Fails So Often: And How It Can Do Better
Par Peter H. Schuck. 2015
How government can implement more successful policies, more oftenFrom healthcare to workplace and campus conduct, the federal government is taking…
on ever more responsibility for managing our lives. At the same time, Americans have never been more disaffected with Washington, seeing it as an intrusive, incompetent, wasteful giant. Ineffective policies are caused by deep structural factors regardless of which party is in charge, bringing our government into ever-worsening disrepute. Understanding why government fails so often—and how it might become more effective—is a vital responsibility of citizenship.In this book, lawyer and political scientist Peter Schuck provides a wide range of examples and an enormous body of evidence to explain why so many domestic policies go awry—and how to right the foundering ship of state. An urgent call for reform, Why Government Fails So Often is essential reading for anyone curious about why government is in such a disgraceful state and how it can do better.