Résultats de recherche de titre
Articles 61 à 80 sur 769
Law's Dream of a Common Knowledge (The Cultural Lives of Law)
Par Mariana Valverde. 2003
If knowledge is power, then the power of law can be studied through the lens of knowledge. This book opens…
up a substantive new area of legal research--knowledge production--and presents a series of case studies showing that the hybridity and eclecticism of legal knowledge processes make it unfruitful to ask questions such as, "Is law becoming more dominated by science?" Mariana Valverde argues that legal decision making cannot be understood if one counterposes science and technology, on the one hand, to common knowledge and common sense on the other. The case studies of law's flexible collage of knowledges range from determinations of drunkenness made by liquor licensing inspectors and by police, through police testimony in "indecency" cases, to how judges define the "truth" of sexuality and the harm that obscenity poses to communities. Valverde emphasizes that the types of knowledge that circulate in such legal arenas consist of "facts," values, and codes from numerous incompatible sources that combine to produce interesting hybrids with wide-ranging legal and social effects. Drawing on Foucaultian and other analytical tools, she cogently demonstrates that different modes of knowledge, and hence various forms of power, coexist happily. Law's Dream of a Common Knowledge underlines the importance of analyzing dynamically how knowledge formation works. And it helps us to better understand the workings of power and resistance in a variety of contemporary contexts. It will interest scholars and students from disciplines including law, sociology, anthropology, history, and science-and-technology studies as well as those concerned with the particular issues raised by the case studies.Climbing Mount Laurel: The Struggle for Affordable Housing and Social Mobility in an American Suburb
Par Douglas S. Massey, Len Albright, Rebecca Casciano, Elizabeth Derickson, David N. Kinsey. 2013
A close look at the aftereffects of the Mount Laurel affordable housing decisionUnder the New Jersey State Constitution as interpreted…
by the State Supreme Court in 1975 and 1983, municipalities are required to use their zoning authority to create realistic opportunities for a fair share of affordable housing for low- and moderate-income households. Mount Laurel was the town at the center of the court decisions. As a result, Mount Laurel has become synonymous with the debate over affordable housing policy designed to create economically integrated communities. What was the impact of the Mount Laurel decision on those most affected by it? What does the case tell us about economic inequality?Climbing Mount Laurel undertakes a systematic evaluation of the Ethel Lawrence Homes—a housing development produced as a result of the Mount Laurel decision. Douglas Massey and his colleagues assess the consequences for the surrounding neighborhoods and their inhabitants, the township of Mount Laurel, and the residents of the Ethel Lawrence Homes. Their analysis reveals what social scientists call neighborhood effects—the notion that neighborhoods can shape the life trajectories of their inhabitants. Climbing Mount Laurel proves that the building of affordable housing projects is an efficacious, cost-effective approach to integration and improving the lives of the poor, with reasonable cost and no drawbacks for the community at large.Enigmas of Identity
Par Peter Brooks. 2011
From eminent critic Peter Brooks, an exploration of the modern preoccupation with identity"We know that it matters crucially to be…
able to say who we are, why we are here, and where we are going," Peter Brooks writes in Enigmas of Identity. Many of us are also uncomfortably aware that we cannot provide a convincing account of our identity to others or even ourselves. Despite or because of that failure, we keep searching for identity, making it up, trying to authenticate it, and inventing excuses for our unpersuasive stories about it. This wide-ranging book draws on literature, law, and psychoanalysis to examine important aspects of the emergence of identity as a peculiarly modern preoccupation.In particular, the book addresses the social, legal, and personal anxieties provoked by the rise of individualism and selfhood in modern culture. Paying special attention to Rousseau, Freud, and Proust, Brooks also looks at the intersection of individual life stories with the law, and considers the creation of an introspective project that culminates in psychoanalysis.Elegant and provocative, Enigmas of Identity offers new insights into the questions and clues about who we think we are.Starting in the 1970s, conservatives learned that electoral victory did not easily convert into a reversal of important liberal accomplishments,…
especially in the law. As a result, conservatives' mobilizing efforts increasingly turned to law schools, professional networks, public interest groups, and the judiciary--areas traditionally controlled by liberals. Drawing from internal documents, as well as interviews with key conservative figures, The Rise of the Conservative Legal Movement examines this sometimes fitful, and still only partially successful, conservative challenge to liberal domination of the law and American legal institutions. Unlike accounts that depict the conservatives as fiendishly skilled, The Rise of the Conservative Legal Movement reveals the formidable challenges that conservatives faced in competing with legal liberalism. Steven Teles explores how conservative mobilization was shaped by the legal profession, the legacy of the liberal movement, and the difficulties in matching strategic opportunities with effective organizational responses. He explains how foundations and groups promoting conservative ideas built a network designed to dislodge legal liberalism from American elite institutions. And he portrays the reality, not of a grand strategy masterfully pursued, but of individuals and political entrepreneurs learning from trial and error. Using previously unavailable materials from the Olin Foundation, Federalist Society, Center for Individual Rights, Institute for Justice, and Law and Economics Center, The Rise of the Conservative Legal Movement provides an unprecedented look at the inner life of the conservative movement. Lawyers, historians, sociologists, political scientists, and activists seeking to learn from the conservative experience in the law will find it compelling reading.After the collapse of communism, some thirty countries scrambled to craft democratic constitutions. Surprisingly, the constitutional model they most often…
chose was neither the pure parliamentary model found in most of Western Europe at the time, nor the presidential model of the Americas. Rather, it was semi-presidentialism--a rare model known more generally as the "French type." This constitutional model melded elements of pure presidentialism with those of pure parliamentarism. Specifically, semi-presidentialism combined a popularly elected head of state with a head of government responsible to a legislature. Borrowing Constitutional Designs questions the hasty adoption of semi-presidentialism by new democracies. Drawing on rich case studies of two of the most important countries for European politics in the twentieth century--Weimar Germany and the French Fifth Republic--Cindy Skach offers the first theoretically focused, and historically grounded, analysis of semi-presidentialism and democracy. She demonstrates that constitutional choice matters, because under certain conditions, semi-presidentialism structures incentives that make democratic consolidation difficult or that actually contribute to democratic collapse. She offers a new theory of constitutional design, integrating insights from law and the social sciences. In doing so, Skach challenges both democratic theory and democratic practice. This book will be welcomed not only by scholars and practitioners of constitutional law but also by those in fields such as comparative politics, European politics and history, and international and public affairs.Cultivating Conscience: How Good Laws Make Good People
Par Lynn Stout. 2011
How the science of unselfish behavior can promote law, order, and prosperityContemporary law and public policy often treat human beings…
as selfish creatures who respond only to punishments and rewards. Yet every day we behave unselfishly—few of us mug the elderly or steal the paper from our neighbor's yard, and many of us go out of our way to help strangers. We nevertheless overlook our own good behavior and fixate on the bad things people do and how we can stop them. In this pathbreaking book, acclaimed law and economics scholar Lynn Stout argues that this focus neglects the crucial role our better impulses could play in society. Rather than lean on the power of greed to shape laws and human behavior, Stout contends that we should rely on the force of conscience.Stout makes the compelling case that conscience is neither a rare nor quirky phenomenon, but a vital force woven into our daily lives. Drawing from social psychology, behavioral economics, and evolutionary biology, Stout demonstrates how social cues—instructions from authorities, ideas about others' selfishness and unselfishness, and beliefs about benefits to others—have a powerful role in triggering unselfish behavior. Stout illustrates how our legal system can use these social cues to craft better laws that encourage more unselfish, ethical behavior in many realms, including politics and business. Stout also shows how our current emphasis on self-interest and incentives may have contributed to the catastrophic political missteps and financial scandals of recent memory by encouraging corrupt and selfish actions, and undermining society's collective moral compass.This book proves that if we care about effective laws and civilized society, the powers of conscience are simply too important for us to ignore.Philosophy of Law (Princeton Foundations of Contemporary Philosophy #10)
Par Andrei Marmor. 2011
In Philosophy of Law, Andrei Marmor provides a comprehensive analysis of contemporary debates about the fundamental nature of law—an issue…
that has been at the heart of legal philosophy for centuries. What the law is seems to be a matter of fact, but this fact has normative significance: it tells people what they ought to do. Marmor argues that the myriad questions raised by the factual and normative features of law actually depend on the possibility of reduction—whether the legal domain can be explained in terms of something else, more foundational in nature.In addition to exploring the major issues in contemporary legal thought, Philosophy of Law provides a critical analysis of the people and ideas that have dominated the field in past centuries. It will be essential reading for anyone curious about the nature of law.Boilerplate: The Fine Print, Vanishing Rights, and the Rule of Law
Par Margaret Jane Radin. 2012
Why the increasing use of boilerplate is eroding our rightsBoilerplate—the fine-print terms and conditions that we become subject to when…
we click "I agree" online, rent an apartment, enter an employment contract, sign up for a cellphone carrier, or buy travel tickets—pervades all aspects of our modern lives. On a daily basis, most of us accept boilerplate provisions without realizing that should a dispute arise about a purchased good or service, the nonnegotiable boilerplate terms can deprive us of our right to jury trial and relieve providers of responsibility for harm. Boilerplate is the first comprehensive treatment of the problems posed by the increasing use of these terms, demonstrating how their use has degraded traditional notions of consent, agreement, and contract, and sacrificed core rights whose loss threatens the democratic order.Margaret Jane Radin examines attempts to justify the use of boilerplate provisions by claiming either that recipients freely consent to them or that economic efficiency demands them, and she finds these justifications wanting. She argues, moreover, that our courts, legislatures, and regulatory agencies have fallen short in their evaluation and oversight of the use of boilerplate clauses. To improve legal evaluation of boilerplate, Radin offers a new analytical framework, one that takes into account the nature of the rights affected, the quality of the recipient's consent, and the extent of the use of these terms. Radin goes on to offer possibilities for new methods of boilerplate evaluation and control, among them the bold suggestion that tort law rather than contract law provides a preferable analysis for some boilerplate schemes. She concludes by discussing positive steps that NGOs, legislators, regulators, courts, and scholars could take to bring about better practices.On Rumors: How Falsehoods Spread, Why We Believe Them, and What Can Be Done
Par Cass R. Sunstein. 2014
Many of us are being misled. Claiming to know dark secrets about public officials, hidden causes of the current economic…
situation, and nefarious plans and plots, those who spread rumors know precisely what they are doing. And in the era of social media and the Internet, they know a lot about how to manipulate the mechanics of false rumors—social cascades, group polarization, and biased assimilation. They also know that the presumed correctives—publishing balanced information, issuing corrections, and trusting the marketplace of ideas—do not always work. All of us are vulnerable.In On Rumors, Cass Sunstein uses examples from the real world and from behavioral studies to explain why certain rumors spread like wildfire, what their consequences are, and what we can do to avoid being misled. In a new afterword, he revisits his arguments in light of his time working in the Obama administration.Exporting American Dreams: Thurgood Marshall's African Journey
Par Mary L. Dudziak. 2011
Mary Dudziak's Exporting American Dreams tells the little-known story of Thurgood Marshall's work with Kenyan leaders as they fought with…
the British for independence in the early 1960s. Not long after he led the legal team in Brown v. Board of Education, Marshall aided Kenya's constitutional negotiations, as adversaries battled over rights and land--not with weapons, but with legal arguments. Set in the context of Marshall's civil rights work in the United States, this transnational history sheds light on legal reform and social change in the midst of violent upheavals in Africa and America. While the struggle for rights on both continents played out on a global stage, it was a deeply personal journey for Marshall. Even as his belief in the equalizing power of law was challenged during his career as a Supreme Court justice, and in Kenya the new government sacrificed the rights he cherished, Kenya's founding moment remained for him a time and place when all things had seemed possible.The Crisis of American Foreign Policy: Wilsonianism in the Twenty-first Century
Par G. John Ikenberry, Thomas Knock, Anne-Marie Slaughter, Tony Smith. 2008
Was George W. Bush the true heir of Woodrow Wilson, the architect of liberal internationalism? Was the Iraq War a…
result of liberal ideas about America's right to promote democracy abroad? In this timely book, four distinguished scholars of American foreign policy discuss the relationship between the ideals of Woodrow Wilson and those of George W. Bush. The Crisis of American Foreign Policy exposes the challenges resulting from Bush's foreign policy and ponders America's place in the international arena. Led by John Ikenberry, one of today's foremost foreign policy thinkers, this provocative collection examines the traditions of liberal internationalism that have dominated American foreign policy since the end of World War II. Tony Smith argues that Bush and the neoconservatives followed Wilson in their commitment to promoting democracy abroad. Thomas Knock and Anne-Marie Slaughter disagree and contend that Wilson focused on the building of a collaborative and rule-centered world order, an idea the Bush administration actively resisted. The authors ask if the United States is still capable of leading a cooperative effort to handle the pressing issues of the new century, or if the country will have to go it alone, pursuing policies without regard to the interests of other governments. Addressing current events in the context of historical policies, this book considers America's position on the global stage and what future directions might be possible for the nation in the post-Bush era.Making Human Rights a Reality
Par Emilie M. Hafner-Burton. 2013
In the last six decades, one of the most striking developments in international law is the emergence of a massive…
body of legal norms and procedures aimed at protecting human rights. In many countries, though, there is little relationship between international law and the actual protection of human rights on the ground. Making Human Rights a Reality takes a fresh look at why it's been so hard for international law to have much impact in parts of the world where human rights are most at risk. Emilie Hafner-Burton argues that more progress is possible if human rights promoters work strategically with the group of states that have dedicated resources to human rights protection. These human rights "stewards" can focus their resources on places where the tangible benefits to human rights are greatest. Success will require setting priorities as well as engaging local stakeholders such as nongovernmental organizations and national human rights institutions. To date, promoters of international human rights law have relied too heavily on setting universal goals and procedures and not enough on assessing what actually works and setting priorities. Hafner-Burton illustrates how, with a different strategy, human rights stewards can make international law more effective and also safeguard human rights for more of the world population.The Copyright Wars: Three Centuries of Trans-Atlantic Battle
Par Peter Baldwin. 2014
Today's copyright wars can seem unprecedented. Sparked by the digital revolution that has made copyright—and its violation—a part of everyday…
life, fights over intellectual property have pitted creators, Hollywood, and governments against consumers, pirates, Silicon Valley, and open-access advocates. But while the digital generation can be forgiven for thinking the dispute between, for example, the publishing industry and Google is completely new, the copyright wars in fact stretch back three centuries—and their history is essential to understanding today’s battles. The Copyright Wars—the first major trans-Atlantic history of copyright from its origins to today—tells this important story.Peter Baldwin explains why the copyright wars have always been driven by a fundamental tension. Should copyright assure authors and rights holders lasting claims, much like conventional property rights, as in Continental Europe? Or should copyright be primarily concerned with giving consumers cheap and easy access to a shared culture, as in Britain and America? The Copyright Wars describes how the Continental approach triumphed, dramatically increasing the claims of rights holders. The book also tells the widely forgotten story of how America went from being a leading copyright opponent and pirate in the eighteenth and nineteenth centuries to become the world’s intellectual property policeman in the late twentieth. As it became a net cultural exporter and its content industries saw their advantage in the Continental ideology of strong authors’ rights, the United States reversed position on copyright, weakening its commitment to the ideal of universal enlightenment—a history that reveals that today’s open-access advocates are heirs of a venerable American tradition.Compelling and wide-ranging, The Copyright Wars is indispensable for understanding a crucial economic, cultural, and political conflict that has reignited in our own time.Delete: The Virtue of Forgetting in the Digital Age
Par Viktor Mayer-Schönberger. 2011
The hazards of perfect memory in the digital ageDelete looks at the surprising phenomenon of perfect remembering in the digital…
age, and reveals why we must reintroduce our capacity to forget. Digital technology empowers us as never before, yet it has unforeseen consequences as well. Potentially humiliating content on Facebook is enshrined in cyberspace for future employers to see. Google remembers everything we've searched for and when. The digital realm remembers what is sometimes better forgotten, and this has profound implications for us all.In Delete, Viktor Mayer-Schönberger traces the important role that forgetting has played throughout human history, from the ability to make sound decisions unencumbered by the past to the possibility of second chances. The written word made it possible for humans to remember across generations and time, yet now digital technology and global networks are overriding our natural ability to forget—the past is ever present, ready to be called up at the click of a mouse. Mayer-Schönberger examines the technology that's facilitating the end of forgetting—digitization, cheap storage and easy retrieval, global access, and increasingly powerful software—and describes the dangers of everlasting digital memory, whether it's outdated information taken out of context or compromising photos the Web won't let us forget. He explains why information privacy rights and other fixes can't help us, and proposes an ingeniously simple solution—expiration dates on information—that may.Delete is an eye-opening book that will help us remember how to forget in the digital age.Unlike many national constitutions, which contain explicit positive rights to such things as education, a living wage, and a healthful…
environment, the U.S. Bill of Rights appears to contain only a long list of prohibitions on government. American constitutional rights, we are often told, protect people only from an overbearing government, but give no explicit guarantees of governmental help. Looking for Rights in All the Wrong Places argues that we have fundamentally misunderstood the American rights tradition. The United States actually has a long history of enshrining positive rights in its constitutional law, but these rights have been overlooked simply because they are not in the federal Constitution. Emily Zackin shows how they instead have been included in America's state constitutions, in large part because state governments, not the federal government, have long been primarily responsible for crafting American social policy. Although state constitutions, seemingly mired in trivial detail, can look like pale imitations of their federal counterpart, they have been sites of serious debate, reflect national concerns, and enshrine choices about fundamental values. Zackin looks in depth at the history of education, labor, and environmental reform, explaining why America's activists targeted state constitutions in their struggles for government protection from the hazards of life under capitalism. Shedding much-needed light on the variety of reasons that activists pursued the creation of new state-level rights, Looking for Rights in All the Wrong Places challenges us to rethink our most basic assumptions about the American constitutional tradition.When Brute Force Fails: How to Have Less Crime and Less Punishment
Par Mark A. Kleiman. 2010
Cost-effective methods for improving crime control in AmericaSince the crime explosion of the 1960s, the prison population in the United…
States has multiplied fivefold, to one prisoner for every hundred adults—a rate unprecedented in American history and unmatched anywhere in the world. Even as the prisoner head count continues to rise, crime has stopped falling, and poor people and minorities still bear the brunt of both crime and punishment. When Brute Force Fails explains how we got into the current trap and how we can get out of it: to cut both crime and the prison population in half within a decade.Mark Kleiman demonstrates that simply locking up more people for lengthier terms is no longer a workable crime-control strategy. But, says Kleiman, there has been a revolution—largely unnoticed by the press—in controlling crime by means other than brute-force incarceration: substituting swiftness and certainty of punishment for randomized severity, concentrating enforcement resources rather than dispersing them, communicating specific threats of punishment to specific offenders, and enforcing probation and parole conditions to make community corrections a genuine alternative to incarceration. As Kleiman shows, "zero tolerance" is nonsense: there are always more offenses than there is punishment capacity. But, it is possible—and essential—to create focused zero tolerance, by clearly specifying the rules and then delivering the promised sanctions every time the rules are broken.Brute-force crime control has been a costly mistake, both socially and financially. Now that we know how to do better, it would be immoral not to put that knowledge to work.The Citizen and the Alien: Dilemmas of Contemporary Membership
Par Linda Bosniak. 2006
Citizenship presents two faces. Within a political community it stands for inclusion and universalism, but to outsiders, citizenship means exclusion.…
Because these aspects of citizenship appear spatially and jurisdictionally separate, they are usually regarded as complementary. In fact, the inclusionary and exclusionary dimensions of citizenship dramatically collide within the territory of the nation-state, creating multiple contradictions when it comes to the class of people the law calls aliens--transnational migrants with a status short of full citizenship. Examining alienage and alienage law in all of its complexities, The Citizen and the Alien explores the dilemmas of inclusion and exclusion inherent in the practices and institutions of citizenship in liberal democratic societies, especially the United States. In doing so, it offers an important new perspective on the changing meaning of citizenship in a world of highly porous borders and increasing transmigration. As a particular form of noncitizenship, alienage represents a powerful lens through which to examine the meaning of citizenship itself, argues Linda Bosniak. She uses alienage to examine the promises and limits of the "equal citizenship" ideal that animates many constitutional democracies. In the process, she shows how core features of globalization serve to shape the structure of legal and social relationships at the very heart of national societies.Cities of Commerce develops a model of institutional change in European commerce based on urban rivalry. Cities continuously competed with…
each other by adapting commercial, legal, and financial institutions to the evolving needs of merchants. Oscar Gelderblom traces the successive rise of Bruges, Antwerp, and Amsterdam to commercial primacy between 1250 and 1650, showing how dominant cities feared being displaced by challengers while lesser cities sought to keep up by cultivating policies favorable to trade. He argues that it was this competitive urban network that promoted open-access institutions in the Low Countries, and emphasizes the central role played by the urban power holders--the magistrates--in fostering these inclusive institutional arrangements. Gelderblom describes how the city fathers resisted the predatory or reckless actions of their territorial rulers, and how their nonrestrictive approach to commercial life succeeded in attracting merchants from all over Europe. Cities of Commerce intervenes in an important debate on the growth of trade in Europe before the Industrial Revolution. Challenging influential theories that attribute this commercial expansion to the political strength of merchants, this book demonstrates how urban rivalry fostered the creation of open-access institutions in international trade.The New Constitutional Order
Par Mark Tushnet. 2003
In his 1996 State of the Union Address, President Bill Clinton announced that the "age of big government is over."…
Some Republicans accused him of cynically appropriating their themes, while many Democrats thought he was betraying the principles of the New Deal and the Great Society. Mark Tushnet argues that Clinton was stating an observed fact: the emergence of a new constitutional order in which the aspiration to achieve justice directly through law has been substantially chastened. Tushnet argues that the constitutional arrangements that prevailed in the United States from the 1930s to the 1990s have ended. We are now in a new constitutional order--one characterized by divided government, ideologically organized parties, and subdued constitutional ambition. Contrary to arguments that describe a threatened return to a pre-New Deal constitutional order, however, this book presents evidence that our current regime's animating principle is not the old belief that government cannot solve any problems but rather that government cannot solve any more problems. Tushnet examines the institutional arrangements that support the new constitutional order as well as Supreme Court decisions that reflect it. He also considers recent developments in constitutional scholarship, focusing on the idea of minimalism as appropriate to a regime with chastened ambitions. Tushnet discusses what we know so far about the impact of globalization on domestic constitutional law, particularly in the areas of international human rights and federalism. He concludes with predictions about the type of regulation we can expect from the new order. This is a major new analysis of the constitutional arrangements in the United States. Though it will not be received without controversy, it offers real explanatory and predictive power and provides important insights to both legal theorists and political scientists.Religion and the Constitution, Volume 2: Establishment and Fairness
Par Kent Greenawalt. 2009
Balancing respect for religious conviction and the values of liberal democracy is a daunting challenge for judges and lawmakers, particularly…
when religious groups seek exemption from laws that govern others. Should students in public schools be allowed to organize devotional Bible readings and prayers on school property? Does reciting "under God" in the Pledge of Allegiance establish a preferred religion? What does the Constitution have to say about displays of religious symbols and messages on public property? Religion and the Constitution presents a new framework for addressing these and other controversial questions that involve competing demands of fairness, liberty, and constitutional validity. In this second of two major volumes on the intersection of constitutional and religious issues in the United States, Kent Greenawalt focuses on the Constitution's Establishment Clause, which forbids government from favoring one religion over another, or religion over secularism. The author begins with a history of the clause, its underlying principles, and the Supreme Court's main decisions on establishment, and proceeds to consider specific controversies. Taking a contextual approach, Greenawalt argues that the state's treatment of religion cannot be reduced to a single formula. Calling throughout for acknowledgment of the way religion gives meaning to people's lives, Religion and the Constitution aims to accommodate the maximum expression of religious conviction that is consistent with a commitment to fairness and the public welfare.