Law and Politics

Law and Politics PDF Author: Keith E. Whittington
Publisher:
ISBN: 9780415680356
Category : Law
Languages : en
Pages : 0

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Book Description
A new title in the Routledge Major Works series, Critical Concepts in Political Science, this is a four-volume collection of cutting-edge and canonical research on law and politics.

Law and Politics

Law and Politics PDF Author: Keith E. Whittington
Publisher:
ISBN: 9780415680356
Category : Law
Languages : en
Pages : 0

Get Book

Book Description
A new title in the Routledge Major Works series, Critical Concepts in Political Science, this is a four-volume collection of cutting-edge and canonical research on law and politics.

The Oxford Handbook of Law and Politics

The Oxford Handbook of Law and Politics PDF Author: Keith E. Whittington
Publisher: OUP Oxford
ISBN: 0191616281
Category : Political Science
Languages : en
Pages : 828

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Book Description
The study of law and politics is one of the foundation stones of the discipline of political science, and it has been one of the most productive areas of cross-fertilization between the various subfields of political science and between political science and other cognate disciplines. This Handbook provides a comprehensive survey of the field of law and politics in all its diversity, ranging from such traditional subjects as theories of jurisprudence, constitutionalism, judicial politics and law-and-society to such re-emerging subjects as comparative judicial politics, international law, and democratization. The Oxford Handbook of Law and Politics gathers together leading scholars in the field to assess key literatures shaping the discipline today and to help set the direction of research in the decade ahead.

Courts, Law, and Politics in Comparative Perspective

Courts, Law, and Politics in Comparative Perspective PDF Author: Herbert Jacob
Publisher: Yale University Press
ISBN: 9780300063790
Category : Law
Languages : en
Pages : 420

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Book Description
This comprehensive book compares the intersection of political forces and legal practices in five industrial nations--the United States, England, France, Germany, and Japan. The authors, eminent political scientists and legal scholars, investigate how constitutional courts function in each country, how the adjudication of criminal justice and the processing of civil disputes connect legal systems to politics, and how both ordinary citizens and large corporations use the courts. For each of the five countries, the authors discuss the structure of courts and access to them, the manner in which politics and law are differentiated or amalgamated, whether judicial posts are political prizes or bureaucratic positions, the ways in which courts are perceived as legitimate forms for addressing political conflicts, the degree of legal consciousness among citizens, the kinds of work lawyers do, and the manner in which law and courts are used as social control mechanisms. The authors find that although the extent to which courts participate in policymaking varies dramatically from country to country, judicial responsiveness to perceived public problems is not a uniquely American phenomenon.

Politics and International Law

Politics and International Law PDF Author: Leslie Johns
Publisher: Cambridge University Press
ISBN: 1108833705
Category : Law
Languages : en
Pages : 583

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Book Description
Teaches how and why states make, break, and uphold international law using accessible explanations and contemporary international issues.

Law, Politics, and Perception

Law, Politics, and Perception PDF Author: Eileen Braman
Publisher: University of Virginia Press
ISBN: 0813928370
Category : Political Science
Languages : en
Pages : 258

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Book Description
Are judges' decisions more likely to be based on personal inclinations or legal authority? The answer, Eileen Braman argues, is both. Law, Politics, and Perception brings cognitive psychology to bear on the question of the relative importance of norms of legal reasoning versus decision markers' policy preferences in legal decision-making. While Braman acknowledges that decision makers' attitudes—or, more precisely, their preference for policy outcomes—can play a significant role in judicial decisions, she also believes that decision-makers' belief that they must abide by accepted rules of legal analysis significantly limits the role of preferences in their judgements. To reconcile these competing factors, Braman posits that judges engage in "motivated reasoning," a biased process in which decision-makers are unconsciously predisposed to find legal authority that is consistent with their own preferences more convincing than those that go against them. But Braman also provides evidence that the scope of motivated reasoning is limited. Objective case facts and accepted norms of legal reasoning can often inhibit decision makers' ability to reach conclusions consistent with their preferences.

In the Balance: Law and Politics on the Roberts Court

In the Balance: Law and Politics on the Roberts Court PDF Author: Mark Tushnet
Publisher: W. W. Norton & Company
ISBN: 0393241432
Category : Law
Languages : en
Pages : 352

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Book Description
An examination of the initial years of the Roberts Court and the intellectual battle between Roberts and Kagan for leadership. When John Roberts was appointed chief justice of the Supreme Court, he said he would act as an umpire. Instead, his Court is reshaping legal precedent through decisions unmistakably—though not always predictably—determined by politics as much as by law, on a Court almost perfectly politically divided. Harvard Law School professor and constitutional law expert Mark Tushnet clarifies the lines of conflict and what is at stake on the Supreme Court as it hangs “in the balance” between its conservatives and its liberals. Clear and deeply knowledgeable on both points of law and the Court’s key players, Tushnet offers a nuanced and surprising examination of the initial years of the Roberts Court. Covering the legal philosophies that have informed decisions on major cases such as the Affordable Care Act, the political structures behind Court appointments, and the face-off between John Roberts and Elena Kagan for intellectual dominance of the Court, In the Balance is a must-read for anyone looking for fresh insight into the Court’s impact on the everyday lives of Americans.

The Bible in American Law and Politics

The Bible in American Law and Politics PDF Author: John R. Vile
Publisher: Rowman & Littlefield
ISBN: 1538141671
Category : Religion
Languages : en
Pages : 679

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Book Description
While scholars increasingly recognize the importance of religion throughout American history, The Bible in American Law and Politics is the first reference book to focus on the key role that the Bible has played in American public life. In considering revolting from Great Britain, Americans contemplated whether this was consistent with scripture. Americans subsequently sought to apply Biblical passages to such issues as slavery, women’s rights, national alcoholic prohibition, issues of war and peace, and the like. American presidents continue to take their oath on the Bible. Some of America’s greatest speeches, for example, Lincoln’s Second Inaugural and William Jennings Bryan’s Cross of Gold speech, have been grounded on Biblical texts or analogies. Today, Americans continue to cite the Bible for positions as diverse as LGBTQ rights, abortion, immigration, welfare, health care, and other contemporary issues. By providing essays on key speeches, books, documents, legal decisions, and other writings throughout American history that have sought to buttress arguments through citations to Scriptures or to Biblical figures, John Vile provides an indispensable guide for scholars and students in religion, American history, law, and political science to understand how Americans throughout its history have interpreted and applied the Bible to legal and political issues.

International Law and the Politics of History

International Law and the Politics of History PDF Author: Anne Orford
Publisher: Cambridge University Press
ISBN: 1108480942
Category : History
Languages : en
Pages : 395

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Book Description
Explores the ideological, political, and economic stakes of struggles over international law's history and its relation to empire and capitalism.

Law as Politics

Law as Politics PDF Author: David Dyzenhaus
Publisher: Duke University Press
ISBN: 9780822322443
Category : Law
Languages : en
Pages : 340

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Book Description
Articles previously published in the Canadian journal of law and jurisprudence.

Trials of the State

Trials of the State PDF Author: Jonathan Sumption
Publisher: Profile Books
ISBN: 1782836225
Category : Law
Languages : en
Pages : 77

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Book Description
A SUNDAY TIMES BESTSELLER In the past few decades, legislatures throughout the world have suffered from gridlock. In democracies, laws and policies are just as soon unpicked as made. It seems that Congress and Parliaments cannot forge progress or consensus. Moreover, courts often overturn decisions made by elected representatives. In the absence of effective politicians, many turn to the courts to solve political and moral questions. Rulings from the Supreme Courts in the United States and United Kingdom, or the European court in Strasbourg may seem to end the debate but the division and debate does not subside. In fact, the absence of democratic accountability leads to radicalisation. Judicial overreach cannot make up for the shortcomings of politicians. This is especially acute in the field of human rights. For instance, who should decide on abortion or prisoners' rights to vote, elected politicians or appointed judges? Expanding on arguments first laid out in the 2019 Reith Lectures, Jonathan Sumption argues that the time has come to return some problems to the politicians.