Kategoria BISAC: Law >> Jurisprudence

George W. Jarecke and Nancy K. Plant present a selection of cases across a broad spectrum of American law to demonstrate that our society relies inappropriately on the legal system to cure ills the system was not designed to address.

Jarecke and Plant note that while we in the United States worry considerably about the problem of individual assumption of responsibilitywhether for personal mistakes, financial setbacks, or pure bad luckwe appear uneasy about the concept and unclear about what it means on a daily basis. Not only are we incapable of accepting personal responsibility; we...

This book seeks to provide answers to everything you ever wanted to know about the law--except what the rules are or ought to be.

For centuries, the law has been considered a neutral, objective arena that sets societal standards and in which conflicting forces resolve disputes. More recently, however, the interaction between law and society has been recognized as a two-way street: society clearly exacts a considerable influence on the practice and evolution of law. Further, the discrepancy between what the law mandates and what the social reality is has served as evidence of the...

This book seeks to provide answers to everything you ever wanted to know about the law--except what the rules are or ought to be.

For centuries, the law has been considered a neutral, objective arena that sets societal standards and in which conflicting forces resolve disputes. More recently, however, the interaction between law and society has been recognized as a two-way street: society clearly exacts a considerable influence on the practice and evolution of law. Further, the discrepancy between what the law mandates and what the social reality is has served as evidence of the...

English law has long served as a model for other Commonwealth jurisdictions with common law systems. Using a wealth of incisive articles, Michael Arnheim compares the system in England with comparable systems in other countries. Tackling issues of precedent, the definition of justice, and the limits of law, Arnheim illuminates the clash which occurs when an old system is forced to confront modern issues.

In The Sense of Justice, distinguished legal author Markus Dirk Dubber undertakes a critical analysis of the -sense of justice- an overused, yet curiously understudied, concept in modern legal and political discourse. Courts cite it, scholars measure it, presidential candidates prize it, eulogists praise it, criminals lack it, and commentators bemoan its loss in times of war. But what is it? Often, the sense of justice is dismissed as little more than an emotional impulse that is out of place in a criminal justice system based on abstract legal and political norms equally applied...

We like to think of judges and justices as making decisions based on the facts and the law. But to what extent do jurists decide cases in accordance with their own preexisting philosophy of law, and what specific ideological assumptions account for their decisions?

Stephen E. Gottlieb adopts a unique perspective on the decision-making of Supreme Court justices, blending and re-characterizing traditional accounts of political philosophy in a way that plausibly explains many of the justices' voting patterns.

A seminal study of the Rehnquist Court, Morality Imposed...

This Major Reference series brings together a wide range of key international articles in law and legal theory. Many of these essays are not readily accessible, and their presentation in these volumes will provide a vital new resource for both research and teaching. Each volume is edited by leading international authorities who explain the significance and context of articles in an informative and complete introduction.

What do Catharine MacKinnon, the legacy of Brown v. Board of Education, and Lani Guinier have in common? All have, in recent years, become flashpoints for different approaches to legal reform. In the last quarter century, the study and practice of law have been profoundly influenced by a number of powerful new movements; academics and activists alike are rethinking the interaction between law and society, focusing more on the tangible effects of law on human lives than on its procedural elements.

In this wide-ranging and comprehensive volume, Gary Minda surveys the current state of...