The Justice Of Contradictions
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The Justice Of Contradictions
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Author : Richard L. Hasen
language : en
Publisher: Yale University Press
Release Date : 2018-03-20
The Justice Of Contradictions written by Richard L. Hasen and has been published by Yale University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2018-03-20 with Biography & Autobiography categories.
An eye-opening look at the influential Supreme Court justice who disrupted American jurisprudence in order to delegitimize opponents and establish a conservative legal order
The Justice Of Contradictions
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Author : Richard L. Hasen
language : en
Publisher: Yale University Press
Release Date : 2018-03-20
The Justice Of Contradictions written by Richard L. Hasen and has been published by Yale University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2018-03-20 with Biography & Autobiography categories.
“Superbly written, filled with brilliant insights . . . Both liberals and conservatives will see Scalia and his legacy in a new and more illuminating light.” —Adam Winkler, author of Gunfight: The Battle Over the Right to Bear Arms in America Engaging but caustic and openly ideological, Antonin Scalia was among the most influential justices ever to serve on the United States Supreme Court. In this fascinating new book, legal scholar Richard L. Hasen assesses Scalia’s complex legacy as a conservative legal thinker and disruptive public intellectual. The left saw Scalia as an unscrupulous foe who amplified his judicial role with scathing dissents and outrageous public comments. The right viewed him as a rare principled justice committed to neutral tools of constitutional and statutory interpretation. Hasen provides a more nuanced perspective, demonstrating how Scalia was crucial to reshaping jurisprudence on issues from abortion to gun rights to separation of powers. A jumble of contradictions, Scalia promised neutral tools to legitimize the Supreme Court, but his jurisprudence and confrontational style moved the Court to the right, alienated potential allies, and helped to delegitimize the institution he was trying to save. “Absorbing . . . [a] book that, at least for this reader, shed new light on the law and how it is made, interpreted, and applied.” —Los Angeles Review of Books
Death Justice
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Author : Kenneth Wayne Miller
language : en
Publisher: LFB Scholarly Publishing
Release Date : 2009
Death Justice written by Kenneth Wayne Miller and has been published by LFB Scholarly Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2009 with Biography & Autobiography categories.
"Death Justice" argues that one fallacy that passes for truth is the widely held notion that Justices Rehnquist, Scalia, and Thomas apply a fixed standard to death penalty cases. Thanks in part to the trio, the U.S. stands far apart from its allies and quite close to its enemies with regard to the death penalty.
Access To Justice And Human Security
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Author : Sindiso Mnisi Weeks
language : en
Publisher: Routledge
Release Date : 2017-11-22
Access To Justice And Human Security written by Sindiso Mnisi Weeks and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017-11-22 with Law categories.
For most people in rural South Africa, traditional justice mechanisms provide the only feasible means of accessing any form of justice. These mechanisms are popularly associated with restorative justice, reconciliation and harmony in rural communities. Yet, this ethnographic study grounded in the political economy of rural South Africa reveals how historical conditions and contemporary pressures have strained these mechanisms’ ability to deliver the high normative ideals with which they are notionally linked. In places such as Msinga access to justice is made especially precarious by the reality that human insecurity – a composite of physical, social and material insecurity – is high for both ordinary people and the authorities who staff local justice forums; cooperation is low between traditional justice mechanisms and the criminal and social justice mechanisms the state is meant to provide; and competition from purportedly more effective ‘twilight institutions’, like vigilante associations, is rife. Further contradictions are presented by profoundly gendered social relations premised on delicate social trust that is closely monitored by one’s community and enforced through self-help measures like witchcraft accusations in a context in which violence is, culturally and practically, a highly plausible strategy for dispute management. These contextual considerations compel us to ask what justice we can reasonably speak of access to in such an insecure context and what solutions are viable under such volatile human conditions? The book concludes with a vision for access to justice in rural South Africa that takes seriously ordinary people’s circumstances and traditional authorities’ lived experiences as documented in this detailed study. The author proposes a cooperative governance model that would maximise the resources and capacity of both traditional and state justice apparatus for delivering the legal and social justice – namely, peace and protection from violence as well as mitigation of poverty and destitution – that rural people genuinely need.
Contradictions Of Democracy
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Author : Nicholas Rush Smith
language : en
Publisher: Oxford University Press
Release Date : 2019-01-17
Contradictions Of Democracy written by Nicholas Rush Smith and has been published by Oxford University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2019-01-17 with Political Science categories.
Despite being one of the world's most vibrant democracies, police estimate between five and ten percent of the murders in South Africa result from vigilante violence. This is puzzling given the country's celebrated transition to democracy and massive reform of the state's legal institutions. Where most studies explain vigilantism as a response to state or civic failure, in Contradictions of Democracy, Nicholas Rush Smith illustrates that vigilantism is actually a response to the processes of democratic state formation. In the context of densely networked neighborhoods, vigilante citizens often interpret the technical success of legal institutions-for instance, the arrest and subsequent release of suspects on bail-as failure and work to correct such perceived failures on their own. Smith also shows that vigilantism provides a new lens through which to understand democratic state formation. Among young men of color in some parts of South Africa, fear of extra-judicial police violence is common. Amid such fear, instead of the state seeming protective, it can appear as something akin to a massive vigilante organization. An insightful look into the high rates of vigilantism in South Africa and the general challenges of democratic state building, Contradictions of Democracy explores fundamental questions about political order, the rule of law, and democratic citizenship.
The Cultural Contradictions Of Progressive Politics
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Author : Donald L. Rosdil
language : en
Publisher: Routledge
Release Date : 2012-09-10
The Cultural Contradictions Of Progressive Politics written by Donald L. Rosdil and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2012-09-10 with Political Science categories.
Why do some U.S. cities like Seattle and Boston impose social exactions and sustainability targets on private investment while others like Las Vegas and Houston offer property tax and fee remissions to business, tolerate environmentally hazardous activities such as oil drilling, and express skepticism even about recycling mandates? The behavior of the former cities appears especially puzzling in view of globalization processes that seemingly offer many more options to mobile capital and expose cities’ vulnerability to private investment decisions. Cultural Contradictions examines the paradoxical finding that some U.S. cities can impose burdensome regulations and extract social and environmental contributions from the private sector despite an apparently weak bargaining position. It usescultural change and the growth of non-traditional subcultures to explain why cities adopt these progressive policies. Responding to the urban policy literature’s tendency to prioritize economic considerations over other kinds of causal factors, the book demonstrates the joint impact of culture and economics in encouraging policy outcomes which emphasize social justice, human rights, and environmental sustainability in large U.S. cities. The book makes several specific contributions to urban literature. First, it argues that cities in which nontraditional cultural beliefs and practices thrive and which are strongly linked to dynamic economic sectors such as information services, professional, scientific and technical services, financial services, and education and health care services are especially likely to adopt progressive policies. It establishes this claim using both statistical analysis of large-N city samples and a closer investigation of four case studies. Second, it reveals how progressive policies are a plausible response to psychological concerns associated with unconventional ways of life and the nature of postindustrial society. Finally, the book indicates how these new ways of life and postindustrial economic sectors grow in mutually reinforcing ways in order to make these policies acceptable to local economic elites and therefore favorable to the city’s future development.
Making Law
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Author : William J. Chambliss
language : en
Publisher: Indiana University Press
Release Date : 1993-11-22
Making Law written by William J. Chambliss and has been published by Indiana University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 1993-11-22 with Law categories.
" . . . a distinct, broad, but compelling framework for examining a variety of laws and social policies." —Legal Studies Forum " . . . a very rich volume that has something to offer to many different tastes . . . an excellent companion to the main textbook in a large undergraduate law-and-society course." —Contemporary Sociology No issue has captured the imagination of social scientists and legal scholars more consistently than the creation of laws. The political implications of the study of law and society often create ideological diatribes with little attention to empirical detail. In this book, legal scholars, sociologists, political scientists, and anthropologists join in an attempt to develop and refine a structural theory of law.
Uncertain Justice
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Author : Laurence Tribe
language : en
Publisher: Macmillan + ORM
Release Date : 2014-06-03
Uncertain Justice written by Laurence Tribe and has been published by Macmillan + ORM this book supported file pdf, txt, epub, kindle and other format this book has been release on 2014-06-03 with Political Science categories.
Harvard Law School scholars Laurence Tribe and Joshua Matz reveal how Chief Justice John Roberts is shaking the foundation of our nation’s laws in Uncertain Justice: The Roberts Court and the Constitution. From Citizens United to its momentous rulings regarding Obamacare and gay marriage, the Supreme Court under Chief Justice John Roberts has profoundly affected American life. Yet the court remains a mysterious institution, and the motivations of the nine men and women who serve for life are often obscure. Now, in Uncertain Justice, Laurence Tribe and Joshua Matz show the surprising extent to which the Roberts Court is revising the meaning of our Constitution. Political gridlock, cultural change, and technological progress mean that the court’s decisions on key topics—including free speech, privacy, voting rights, and presidential power—could be uniquely durable. Acutely aware of their opportunity, the justices are rewriting critical aspects of constitutional law and redrawing the ground rules of American government. Tribe—one of the country’s leading constitutional lawyers—and Matz dig deeply into the court’s rulings, stepping beyond tired debates over judicial “activism” to draw out hidden meanings and silent battles. The undercurrents they reveal suggest a strikingly different vision for the future of our country, one that is sure to be hotly debated. Filled with original insights and compelling human stories, Uncertain Justice illuminates the most colorful story of all—how the Supreme Court and the Constitution frame the way we live. “Marvelous...Tribe and Matz’s insights are illuminating.... [They] offer well-crafted overviews of key cases decided by the Roberts Court ... [and] chart the Supreme Court’s conservative path, clarifying complex cases in accessible terms.”—The Chicago Tribune “Well-written and highly readable...The strength of the book is its painstaking explanation of all sides of the critical cases, giving full voice and weight to conservative and liberal views alike.”—The Washington Post
The Enigma Of Clarence Thomas
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Author : Corey Robin
language : en
Publisher: Metropolitan Books
Release Date : 2019-09-24
The Enigma Of Clarence Thomas written by Corey Robin and has been published by Metropolitan Books this book supported file pdf, txt, epub, kindle and other format this book has been release on 2019-09-24 with Biography & Autobiography categories.
The Enigma of Clarence Thomas is a groundbreaking revisionist take on the Supreme Court justice everyone knows about but no one knows. Most people can tell you two things about Clarence Thomas: Anita Hill accused him of sexual harassment, and he almost never speaks from the bench. Here are some things they don’t know: Thomas is a black nationalist. In college he memorized the speeches of Malcolm X. He believes white people are incurably racist. In the first examination of its kind, Corey Robin – one of the foremost analysts of the right – delves deeply into both Thomas’s biography and his jurisprudence, masterfully reading his Supreme Court opinions against the backdrop of his autobiographical and political writings and speeches. The hidden source of Thomas’s conservative views, Robin shows, is a profound skepticism that racism can be overcome. Thomas is convinced that any government action on behalf of African-Americans will be tainted by racism; the most African-Americans can hope for is that white people will get out of their way. There’s a reason, Robin concludes, why liberals often complain that Thomas doesn’t speak but seldom pay attention when he does. Were they to listen, they’d hear a racial pessimism that often sounds similar to their own. Cutting across the ideological spectrum, this unacknowledged consensus about the impossibility of progress is key to understanding today’s political stalemate.
Contradictions Of Neoliberal Planning
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Author : Tuna Taşan-Kok
language : en
Publisher: Springer Science & Business Media
Release Date : 2011-09-24
Contradictions Of Neoliberal Planning written by Tuna Taşan-Kok and has been published by Springer Science & Business Media this book supported file pdf, txt, epub, kindle and other format this book has been release on 2011-09-24 with Social Science categories.
This book argues that the concepts of ‘neoliberalism’ and ‘neoliberalisation,’ while in common use across the whole range of social sciences, have thus far been generally overlooked in planning theory and the analysis of planning practice. Offering insights from papers presented during a conference session at a meeting of the Association of American Geographers in Boston in 2008 and a number of commissioned chapters, this book fills this significant hiatus in the study of planning. What the case studies from Africa, Asia, North-America and Europe included in this volume have in common is that they all reveal the uneasy cohabitation of ‘planning’ – some kind of state intervention for the betterment of our built and natural environment – and ‘neoliberalism’ – a belief in the superiority of market mechanisms to organize land use and the inferiority of its opposite, state intervention. Planning, if anything, may be seen as being in direct contrast to neoliberalism, as something that should be rolled back or even annihilated through neoliberal practice. To combine ‘neoliberal’ and ‘planning’ in one phrase then seems awkward at best, and an outright oxymoron at worst. To admit to the very existence or epistemological possibility of ‘neoliberal planning’ may appear to be a total surrender of state planning to market superiority, or in other words, the simple acceptance that the management of buildings, transport infrastructure, parks, conservation areas etc. beyond the profit principle has reached its limits in the 21st century. Planning in this case would be reduced to a mere facilitator of ‘market forces’ in the city, be it gentle or authoritarian. Yet in spite of these contradictions and outright impossibilities, planners operate within, contribute to, resist or temper an increasingly neoliberal mode of producing spaces and places, or the revival of profit-driven changes in land use. It is this contradiction between the serving of private profit-seeking interests while actually seeking the public betterment of cities that this volume has sought to describe, explore, analyze and make sense of through a set of case studies covering a wide range of planning issues in various countries. This book lays bare just how spatial planning functions in an age of market triumphalism, how planners respond to the overruling profit principle in land allocation and what is left of non-profit driven developments.