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Author: Professor of Constitutional Theory and Political Philosophy Roberto Gargarella
Publisher:
ISBN: 9780511749872
Category : LAW
Languages : en
Pages : 287
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Book Description
This book examines the influence of opposing constitutional ideals during the 'founding period' of constitutionalism in the Americas.
Author: Professor of Constitutional Theory and Political Philosophy Roberto Gargarella
Publisher:
ISBN: 9780511749872
Category : LAW
Languages : en
Pages : 287
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Book Description
This book examines the influence of opposing constitutional ideals during the 'founding period' of constitutionalism in the Americas.
Author: Roberto Gargarella
Publisher:
ISBN: 9781107204911
Category : Constitutional history
Languages : en
Pages : 273
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Book Description
This book examines the influence of opposing constitutional ideals during the 'founding period' of constitutionalism in the Americas.
Author: Roberto Gargarella
Publisher: Cambridge University Press
ISBN: 1139485989
Category : Political Science
Languages : en
Pages :
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Book Description
The long revolutionary movements that gave birth to constitutional democracies in the Americas were founded on egalitarian constitutional ideals. They claimed that all men were created equal with similar capacities and also that the community should become self-governing. Following the first constitutional debates that took place in the region, these promising egalitarian claims, which gave legitimacy to the revolutions, soon fell out of favor. Advocates of a conservative order challenged both ideals and favored constitutions that established religion and created an exclusionary political structure. Liberals proposed constitutions that protected individual autonomy and rights but established severe restrictions on the principle of majority rule. Radicals favored an openly majoritarian constitutional organization that, according to many, directly threatened the protection of individual rights. This book examines the influence of these opposite views during the 'founding period' of constitutionalism in countries including the United States, Argentina, Colombia, Chile, Ecuador, Mexico, Peru, and Venezuela.
Author: Katharina Pistor
Publisher: Princeton University Press
ISBN: 0691208603
Category : Business & Economics
Languages : en
Pages : 315
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Book Description
"Capital is the defining feature of modern economies, yet most people have no idea where it actually comes from. What is it, exactly, that transforms mere wealth into an asset that automatically creates more wealth? The Code of Capital explains how capital is created behind closed doors in the offices of private attorneys, and why this little-known fact is one of the biggest reasons for the widening wealth gap between the holders of capital and everybody else. In this revealing book, Katharina Pistor argues that the law selectively "codes" certain assets, endowing them with the capacity to protect and produce private wealth. With the right legal coding, any object, claim, or idea can be turned into capital - and lawyers are the keepers of the code. Pistor describes how they pick and choose among different legal systems and legal devices for the ones that best serve their clients' needs, and how techniques that were first perfected centuries ago to code landholdings as capital are being used today to code stocks, bonds, ideas, and even expectations--assets that exist only in law. A powerful new way of thinking about one of the most pernicious problems of our time, The Code of Capital explores the different ways that debt, complex financial products, and other assets are coded to give financial advantage to their holders. This provocative book paints a troubling portrait of the pervasive global nature of the code, the people who shape it, and the governments that enforce it."--Provided by publisher.
Author: James L. Gibson
Publisher: Russell Sage Foundation
ISBN: 161044907X
Category : Political Science
Languages : en
Pages : 379
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Book Description
Social scientists have convincingly documented soaring levels of political, legal, economic, and social inequality in the United States. Missing from this picture of rampant inequality, however, is any attention to the significant role of state law and courts in establishing policies that either ameliorate or exacerbate inequality. In Judging Inequality, political scientists James L. Gibson and Michael J. Nelson demonstrate the influential role of the fifty state supreme courts in shaping the widespread inequalities that define America today, focusing on court-made public policy on issues ranging from educational equity and adequacy to LGBT rights to access to justice to worker’s rights. Drawing on an analysis of an original database of nearly 6,000 decisions made by over 900 judges on 50 state supreme courts over a quarter century, Judging Inequality documents two ways that state high courts have crafted policies relevant to inequality: through substantive policy decisions that fail to advance equality and by rulings favoring more privileged litigants (typically known as “upperdogs”). The authors discover that whether court-sanctioned policies lead to greater or lesser inequality depends on the ideologies of the justices serving on these high benches, the policy preferences of their constituents (the people of their state), and the institutional structures that determine who becomes a judge as well as who decides whether those individuals remain in office. Gibson and Nelson decisively reject the conventional theory that state supreme courts tend to protect underdog litigants from the wrath of majorities. Instead, the authors demonstrate that the ideological compositions of state supreme courts most often mirror the dominant political coalition in their state at a given point in time. As a result, state supreme courts are unlikely to stand as an independent force against the rise of inequality in the United States, instead making decisions compatible with the preferences of political elites already in power. At least at the state high court level, the myth of judicial independence truly is a myth. Judging Inequality offers a comprehensive examination of the powerful role that state supreme courts play in shaping public policies pertinent to inequality. This volume is a landmark contribution to scholarly work on the intersection of American jurisprudence and inequality, one that essentially rewrites the “conventional wisdom” on the role of courts in America’s democracy.
Author: Adam Cohen
Publisher: Penguin
ISBN: 0735221529
Category : Political Science
Languages : en
Pages : 458
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Book Description
“With Supreme Inequality, Adam Cohen has built, brick by brick, an airtight case against the Supreme Court of the last half-century...Cohen’s book is a closing statement in the case against an institution tasked with protecting the vulnerable, which has emboldened the rich and powerful instead.” —Dahlia Lithwick, senior editor, Slate A revelatory examination of the conservative direction of the Supreme Court over the last fifty years. In Supreme Inequality, bestselling author Adam Cohen surveys the most significant Supreme Court rulings since the Nixon era and exposes how, contrary to what Americans like to believe, the Supreme Court does little to protect the rights of the poor and disadvantaged; in fact, it has not been on their side for fifty years. Cohen proves beyond doubt that the modern Court has been one of the leading forces behind the nation’s soaring level of economic inequality, and that an institution revered as a source of fairness has been systematically making America less fair. A triumph of American legal, political, and social history, Supreme Inequality holds to account the highest court in the land and shows how much damage it has done to America’s ideals of equality, democracy, and justice for all.
Author: Madison Powers
Publisher: Oxford University Press
ISBN: 0195375130
Category : Medical
Languages : en
Pages : 244
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Book Description
This volume develops a theory of social justice for the specific context of health care policy, although it can also be applied to education, economic development and other social policy issues where resources are limited.
Author: Samuel Moyn
Publisher: Harvard University Press
ISBN: 067498482X
Category : Political Science
Languages : en
Pages : 276
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Book Description
The age of human rights has been kindest to the rich. Even as state violations of political rights garnered unprecedented attention due to human rights campaigns, a commitment to material equality disappeared. In its place, market fundamentalism has emerged as the dominant force in national and global economies. In this provocative book, Samuel Moyn analyzes how and why we chose to make human rights our highest ideals while simultaneously neglecting the demands of a broader social and economic justice. In a pioneering history of rights stretching back to the Bible, Not Enough charts how twentieth-century welfare states, concerned about both abject poverty and soaring wealth, resolved to fulfill their citizens’ most basic needs without forgetting to contain how much the rich could tower over the rest. In the wake of two world wars and the collapse of empires, new states tried to take welfare beyond its original European and American homelands and went so far as to challenge inequality on a global scale. But their plans were foiled as a neoliberal faith in markets triumphed instead. Moyn places the career of the human rights movement in relation to this disturbing shift from the egalitarian politics of yesterday to the neoliberal globalization of today. Exploring why the rise of human rights has occurred alongside enduring and exploding inequality, and why activists came to seek remedies for indigence without challenging wealth, Not Enough calls for more ambitious ideals and movements to achieve a humane and equitable world.
Author: Eric M. Uslaner
Publisher: Cambridge University Press
ISBN: 9780521145640
Category : Political Science
Languages : en
Pages : 360
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Book Description
Corruption flouts rules of fairness and gives some people advantages that others don't have. Corruption is persistent; there is little evidence that countries can escape the curse of corruption easily-or at all. Instead of focusing on institutional reform, Uslaner suggests that the roots of corruption lie in economic and legal inequality and low levels of generalized trust (which are not readily changed) and poor policy choices (which may be more likely to change). Economic inequality provides a fertile breeding ground for corruption-and, in turn, it leads to further inequalities. Just as corruption is persistent, inequality and trust do not change much over time in my cross-national aggregate analyses. Uslaner argues that high inequality leads to low trust and high corruption, and then to more inequality-an inequality trap and identifies direct linkages between inequality and trust in surveys of the mass public and elites in transition countries. Eric M. Uslaner is Professor of Government and Politics at the University of Maryland-College Park, where he has taught since 1975. He has written seven books including The Moral Foundations of Trust (Cambridge University Press, 2002), and The Decline of Comity in Congress (University of Michigan Press, 1993). In 1981-82 he was Fulbright Professor of American Studies and Political Science at the Hebrew University, Jerusalem, Israel and in 2005, he was a Fulbright Senior Specialist Lecturer at Novosibirsk State Technical University, Novosibirsk, Siberia, Russia. In 2006 he was appointed the first Senior Research Fellow at the Center for American Law and Political Science at the Southwest University of Political Science and Law, Chongqing, China.
Author: Lawrence R. Jacobs
Publisher: Russell Sage Foundation
ISBN: 1610443047
Category : Political Science
Languages : en
Pages : 256
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Book Description
In the twentieth century, the United States ended some of its most flagrant inequalities. The "rights revolution" ended statutory prohibitions against women's suffrage and opened the doors of voting booths to African Americans. Yet a more insidious form of inequality has emerged since the 1970s—economic inequality—which appears to have stalled and, in some arenas, reversed progress toward realizing American ideals of democracy. In Inequality and American Democracy, editors Lawrence Jacobs and Theda Skocpol headline a distinguished group of political scientists in assessing whether rising economic inequality now threatens hard-won victories in the long struggle to achieve political equality in the United States. Inequality and American Democracy addresses disparities at all levels of the political and policy-making process. Kay Lehman Scholzman, Benjamin Page, Sidney Verba, and Morris Fiorina demonstrate that political participation is highly unequal and strongly related to social class. They show that while economic inequality and the decreasing reliance on volunteers in political campaigns serve to diminish their voice, middle class and working Americans lag behind the rich even in protest activity, long considered the political weapon of the disadvantaged. Larry Bartels, Hugh Heclo, Rodney Hero, and Lawrence Jacobs marshal evidence that the U.S. political system may be disproportionately responsive to the opinions of wealthy constituents and business. They argue that the rapid growth of interest groups and the increasingly strict party-line voting in Congress imperils efforts at enacting policies that are responsive to the preferences of broad publics and to their interests in legislation that extends economic and social opportunity. Jacob Hacker, Suzanne Mettler, and Dianne Pinderhughes demonstrate the feedbacks of government policy on political participation and inequality. In short supply today are inclusive public policies like the G.I. Bill, Social Security legislation, the War on Poverty, and the Voting Rights Act of 1965 that changed the American political climate, mobilized interest groups, and altered the prospect for initiatives to stem inequality in the last fifty years. Inequality and American Democracy tackles the complex relationships between economic, social, and political inequality with authoritative insight, showcases a new generation of critical studies of American democracy, and highlights an issue of growing concern for the future of our democratic society.
