When Law And Society Disagree
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Law And Disagreement
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Author : Jeremy Waldron
language : en
Publisher: OUP Oxford
Release Date : 1999-03-11
Law And Disagreement written by Jeremy Waldron and has been published by OUP Oxford this book supported file pdf, txt, epub, kindle and other format this book has been release on 1999-03-11 with Law categories.
When people disagree about justice and about individual rights, how should political decisions be made among them? How should they decide about issues like tax policy, welfare provision, criminal procedure, discrimination law, hate speech, pornography, political dissent and the limits of religious toleration? The most familiar answer is that these decisions should be made democratically, by majority voting among the people or their representatives. Often, however, this answer is qualified by adding ' providing that the majority decision does not violate individual rights.' In this book Jeremy Waldron has revisited and thoroughly revised thirteen of his most recent essays. He argues that the familiar answer is correct, but that the qualification about individual rights is incoherent. If rights are the very things we disagree about, then we are quarrelling precisely about what that qualification should amount to. At best, what it means is that disagreements about rights should be resolved by some other procedure, for example, by majority voting, not among the people or their representatives, but among judges in a court. This proposal - although initially attractive - seems much less agreeable when we consider that the judges too disagree about rights, and they disagree about them along exactly the same lines as the citizens. This book offers a comprehensive critique of the idea of the judicial review of legislation. The author argues that a belief in rights is not the same as a commitment to a Bill of Rights. He shows the flaws and difficulties in many common defences of the 'democratic' character of judicial review. And he argues for an alternative approach to the problem of disagreement: when disagreements about rights arise, the respectful way to resolve them is by decision-making among the right-holders on a basis that reflects an equal respect for them as the holders of views about rights. This respect for ordinary right-holders, he argues, has been sadly lacking in the theories of justice, rights, and constitutionalism put forward in recent years by philosophers such as John Rawls and Donald Dworkin. But the book is not only about judicial review. The first tranche of essays is devoted to a theory of legislation, a theory which highlights the size, the scale and the diversity of modern legislative assemblies. Although legislation is often denigrated as a source of law, Waldron seeks to restore its tattered dignity. He deprecates the tendency to disparage legislatures and argues that such disparagement is often a way of bolstering the legitimacy of the courts, as if we had to transform our parliaments into something like the American Congress to justify importing American-style judicial reviews. Law and Disagreement redresses the balances in modern jurisprudence. It presents legislation by a representative assembly as a form of law making which is especially apt for a society whose members disagree with one another about fundamental issues of principle, for it is a form of law making that does not attempt to conceal the fact that our decisions are made and claim their authority in the midst of, not in spite of, our political and moral disagreements. This timely rights-based defence of majoritarian legislation will be welcomed by scholars of legal and political philosophy throughout the world.
When Law And Society Disagree
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Author : Ryan David King
language : en
Publisher:
Release Date : 2005
When Law And Society Disagree written by Ryan David King and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2005 with Hate crimes categories.
Understanding Law And Society
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Author : Max Travers
language : en
Publisher: Routledge
Release Date : 2009-09-10
Understanding Law And Society written by Max Travers and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2009-09-10 with Law categories.
This textbook on the sociology of law is organised according to the theoretical traditions of sociology, and oriented towards providing an accessible, but sophisticated, introduction to, and overview of, the central themes, problems and debates in this field. The book employs an international range of examples - including the state, minority rights, terrorism, family violence, the legal profession, pornography, mediation, religious tolerance, and euthanasia - in order to distinguish a sociological approach to law from 'black-letter', jurisprudential and empirical policy-oriented traditions. Beginning with 'classical', 'consensus' and 'critical' sociological approaches, the book covers the full range of contemporary perspectives, including the new institutionalism, feminism, the interpretive tradition, postmodernism, legal pluralism and globalisation. It then concludes with a consideration of current theoretical issues, as well as a reflection upon the importance of a sociological approach to law. Understanding Law and Society provides a clear, but critical, discussion of the relevant literature, along with study questions and guides to further reading. It is designed to support courses in law and society and in the sociology of law, but will also be of value to others with interests in these areas.
Law And Society
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Author : Steven E. Barkan
language : en
Publisher: Taylor & Francis
Release Date : 2023-07-11
Law And Society written by Steven E. Barkan and has been published by Taylor & Francis this book supported file pdf, txt, epub, kindle and other format this book has been release on 2023-07-11 with Social Science categories.
The new third edition of Law and Society provides a balanced, multidisciplinary, and comprehensive overview of law as an essential social institution that both shapes and is shaped by society. Between this book’s covers, readers will find the theoretical and conceptual contributions of anthropologists, historians, law professors, political scientists, philosophers, psychologists, and sociologists. By synthesizing this wide range of perspectives, the book provides readers with a nuanced and in-depth context to think about, discuss, and analyze current trends, issues, and events. Through this book, readers will also grasp the many ways law affects the lives of individuals and, more generally, how law and society affect each other in matters such as dispute settlement, criminal law, social movements, inequality, and social control. The third edition is brought up to date with the helpful reorganization of chapters. Separate chapters exploring how we define law, the differences among the major families of law, and dispute processing make the textbook more readable and adaptable to specific course objectives. Thorough revisions across the chapters reflect the latest sociolegal perspectives and research and include many new references and contemporary examples to help students appreciate a wide range of law and society issues. This thoughtful and stimulating introduction to the field is ideal for advanced undergraduate courses in Law and Society and Introduction to Law.
Civil Disagreement
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Author : Edward Langerak
language : en
Publisher: Georgetown University Press
Release Date : 2014-03-11
Civil Disagreement written by Edward Langerak and has been published by Georgetown University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2014-03-11 with Philosophy categories.
How can we agree to disagree in today’s pluralistic society, one in which individuals and groups are becoming increasingly polarized by fierce convictions that are often at odds with the ideas of others? Civil Disagreement: Personal Integrity in a Pluralistic Society shows how we can cope with diversity and be appropriately open toward opponents even while staying true to our convictions. This accessible and useful guide discusses how our conversations and arguments can respect differences and maintain personal integrity and civility even while taking stances on disputed issues. The author examines an array of illustrative cases, such as debates over slavery, gay marriage, compulsory education for the Amish, and others, providing helpful insights on how to take firm stands without denigrating opponents. The author proposes an approach called “perspective pluralism” that honors the integrity of various viewpoints while avoiding the implication that all reasonable views are equally acceptable or true. Civil Disagreement offers a concise yet comprehensive guide for students and scholars of philosophical or religious ethics, political or social philosophy, and political science, as well as general readers who are concerned about the polarization that often seems to paralyze national and international politics.
Law And Society
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Author : Matthew Lippman
language : en
Publisher: SAGE Publications
Release Date : 2020-08-07
Law And Society written by Matthew Lippman and has been published by SAGE Publications this book supported file pdf, txt, epub, kindle and other format this book has been release on 2020-08-07 with Social Science categories.
Law and Society offers a contemporary overview of the structure and function of legal institutions, along with a lively discussion of criminal and civil law and their impact on society. Author Matthew Lippman draws on insights from over thirty years of teaching to develop an interdisciplinary approach that introduces students to both the influence of law on society and the influence of society on the law. Distinctive coverage of diversity, inequality, civil liberties, and globalism provides an incisive look at the intersection of theory and practice. The highly anticipated Third Edition includes updated discussions of issues facing today’s society, including inequality, international human rights, privacy and surveillance, and social control. Included with this title: The password-protected Instructor Resource Site (formally known as SAGE Edge) offers access to all text-specific resources, including a test bank and editable, chapter-specific PowerPoint® slides.
Encyclopedia Of Law And Society
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Author : David S. Clark
language : en
Publisher: SAGE
Release Date : 2007-07-10
Encyclopedia Of Law And Society written by David S. Clark and has been published by SAGE this book supported file pdf, txt, epub, kindle and other format this book has been release on 2007-07-10 with Law categories.
Introduction to and survey of the field of law and society. Includes interdisciplinary perspectives on law from sociology, criminology, cultural anthropology, political science, social psychology, and economics.
The Federalist Society
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Author : Michael Avery
language : en
Publisher: Vanderbilt University Press
Release Date : 2013
The Federalist Society written by Michael Avery and has been published by Vanderbilt University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2013 with Health & Fitness categories.
How conservative ideas rose to a position of dominance in law and politics
The Asian Law And Society Reader
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Author : Lynette J. Chua
language : en
Publisher: Cambridge University Press
Release Date : 2023-02-28
The Asian Law And Society Reader written by Lynette J. Chua and has been published by Cambridge University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2023-02-28 with Law categories.
First reader to feature key law and society research and debates in nearly all Asian countries.
The Judge In A Democracy
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Author : Aharon Barak
language : en
Publisher: Princeton University Press
Release Date : 2006
The Judge In A Democracy written by Aharon Barak and has been published by Princeton University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2006 with Law categories.
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