In a critical engagement with the function of public law and with constitutionalism in its political dimensions, this volume brings together the reflections of three leading constitutionalists: Martin Loughlin, James Tully and Frank Michelman. Comprising three critical commentaries on each, it addresses the multiple ways in which public law is implicated in the logic of rule. This operates on the one hand in maintaining and underwriting relative patterns of power and weakness through political structures and processes. On the other hand, public law is considered to contain the potential to redress these patterns through the use of constitutional authority, social and economic as well as civil and political rights, redistribution of political power, the expansion of territorial governance, and moves to supra-state levels of authority. The book reproduces, in a succinct and organized way, the insights into both the limitations and the potentialities of public law within its political setting.
Linking broad-based public service to post-secondary education is the best way to make our society more free. Access to college ought to be a social right of citizenship. The core idea in T.H. Marshall’s concept of social citizenship is that, in addition to civil and political rights, people hold social rights, including guarantees to housing, health care, basic income, and, especially, an adequate education. These are resources we all need to participate in society as full and equal members. In America, opponents of these guarantees have effectively mobilized deeply held liberal ideas, arguing that state action is a threat to freedom. Against this, progressive arguments about fairness have fallen flat. Looking outside liberalism, this book offers a new approach. It argues, first, the civic republican tradition provides an authentically American basis for the social rights of citizenship. Republicanism understands that true freedom requires a degree of personal independence. The ultimate justification for egalitarian policies, especially in education, is that they make us more free. Second, our first major policy step in this direction ought to be adopting a large-scale service-to-school program designed to increase access to post-secondary education.
This book represents a major new statement on the issue of property rights. It argues for the justification of some rights of private property while showing why unequal distributions of private property are indefensible.
And Justice For All: Arthur Chaskalson and the Struggle for Equality in South Africa is a biography of a remarkable life lived in service both to law and to the struggle for social change and justice. The social change it describes is the victory over apartheid, which was won on several fronts and through the efforts of people in many nations, but an important one of those fronts lay in the courts of South Africa itself. Arthur Chaskalson enters the historical record in 1963, when he and a team of talented lawyers represented Nelson Mandela in the historic Rivonia Trial. Chaskalson organized legal and non-profit organizations and served as the first president of South Africa's Constitutional Court, which would eventually lead to the deconstruction of apartheid legislation. In exploring his life and career, we appreciate more clearly the roles lawyers can play in social change and the achievement of a just social order, and at the same time we gain insight into the combination of upbringing, experience, and character that shapes a man first into a 'cause lawyer’ and then into a path-breaking and foundation-laying judge.
Despite the outpouring of works on constitutional theory in the past several decades, no general introduction to the field has been available. Stephen Griffin provides here an original contribution to American constitutional theory in the form of a short, lucid introduction to the subject for scholars and an informed lay audience. He surveys in an unpolemical way the theoretical issues raised by judicial practice in the United States over the past three centuries, particularly since the Warren Court, and locates both theory and practices that have inspired dispute among jurists and scholars in historical context. At the same time he advances an argument about the distinctive nature of our American constitutionalism, regarding it as an instance of the interpenetration of law and politics. American Constitutionalism is unique in considering the perspectives of both law and political science in relation to constitutional theory. Constitutional theories produced by legal scholars do not usually discuss state-centered theories of American politics, the importance of institutions, behaviorist research on judicial decision making, or questions of constitutional reform, but this book takes into account the political science literature on these and other topics. The work also devotes substantial attention to judicial review and its relationship to American democracy and theories of constitutional interpretation.
Rutter’s Child and Adolescent Psychiatry has become an established and accepted textbook of child psychiatry. Now completely revised and updated, the fifth edition provides a coherent appraisal of the current state of the field to help trainee and practising clinicians in their daily work. It is distinctive in being both interdisciplinary and international, in its integration of science and clinical practice, and in its practical discussion of how researchers and practitioners need to think about conflicting or uncertain findings. This new edition now offers an entirely new section on conceptual approaches, and several new chapters, including: neurochemistry and basic pharmacology brain imaging health economics psychopathology in refugees and asylum seekers bipolar disorder attachment disorders statistical methods for clinicians This leading textbook provides an accurate and comprehensive account of current knowledge, through the integration of empirical findings with clinical experience and practice, and is essential reading for professionals working in the field of child and adolescent mental health, and clinicians working in general practice and community pediatric settings.
Hospitality Law: Managing Legal Issues in the Hospitality Industry, Fifth Edition takes an applied approach to the study of hospitality law with its touchstone of compliance and prevention. The book is highly pedagogical and includes many interactive exercises and real world cases that help students focus on the practical application of hospitality laws and model their decision process to avoid liability. As a result, this book does look different than others on the market as the legal information contained is carefully selected to specifically correlate with helping students understand how to do the right thing, i.e., it is not a comprehensive book on the laws. Barth immediately helps readers learn about the legalities of situations and work through exercises – both individually and in groups -- to effectively apply them to hospitality management situations. Many instructors teach their course from a very applied perspective, which aligns with Barth’s approach.
In this concise, timely book, constitutional law expert Stephen M. Feldman draws on neoconservative writings to explore the rise of the neocons and their influence on the Supreme Court. Neocons burst onto the political scene in the early 1980s via their assault on pluralist democracy’s ethical relativism, where no pre-existing or higher principles limit the agendas of interest groups. Instead, they advocated for a resurrection of republican democracy, which declares that virtuous citizens and officials pursue the common good. Yet despite their original goals, neocons quickly became an interest group themselves, competing successfully within the pluralist democratic arena. When the political winds shifted in 2008, however, neocons found themselves shorn of power in Congress and the executive branch. But portentously, they still controlled the Supreme Court. Neoconservative Politics and the Supreme Court explains how and why the neoconservatives criticized but operated within pluralist democracy, and, most important, what the entrenchment of neocons on the Supreme Court means for present and future politics and law.
Whether in the form of Christmas trees in town squares or prayer in school, fierce disputes over the separation of church and state have long bedeviled this country. Both decried and celebrated, this principle is considered by many, for right or wrong, a defining aspect of American national identity. Nearly all discussions regarding the role of religion in American life build on two dominant assumptions: first, the separation of church and state is a constitutional principle that promotes democracy and equally protects the religious freedom of all Americans, especially religious outgroups; and second, this principle emerges as a uniquely American contribution to political theory. In Please Don't Wish Me a Merry Christmas, Stephen M. Feldman challenges both these assumptions. He argues that the separation of church and state primarily manifests and reinforces Christian domination in American society. Furthermore, Feldman reveals that the separation of church and state did not first arise in the United States. Rather, it has slowly evolved as a political and religious development through western history, beginning with the initial appearance of Christianity as it contentiously separated from Judaism.In tracing the historical roots of the separation of church and state within the Western world, Feldman begins with the Roman Empire and names Augustine as the first political theorist to suggest the idea. Feldman next examines how the roles of church and state variously merged and divided throughout history, during the Crusades, the Italian Renaissance, the Protestant Reformation, the British Civil War and Restoration, the early North American colonies, nineteenth-century America, and up to the present day. In challenging the dominant story of the separation of church and state, Feldman interprets the development of Christian social power vis--vis the state and religious minorities, particularly the prototypical religious outgroup, Jews.
Maurice Merleau-Ponty is known and celebrated as a renowned phenomenologist and is considered a key figure in the existentialist movement. In this wide-ranging and penetrative study, Stephen Priest engages Merleau-Ponty across the full range of his philosophical thought. He considers Merleau-Ponty's writings on the problems of the body, perception, space, time, subjectivity, freedom, language, other minds, physical objects, art and being. Priest addresses Merleau-Ponty's thought in connection with Hegel, Husserl, Heidegger and Sartre. He uses clear and direct language to explain the thoughts of and the ensuing importance of one of the greatest contemporary thinkers. Philosophy students and scholars alike will find great pleasure in this fascinating exploration of the writings and ideas of Maurice Merleau-Ponty.
In an era where citizens of liberal democracies are becoming increasingly disillusioned, dissatisfied and disenfranchised by the dominant political institutions and decision-making processes in these polities, new ideas of how to deepen democracy, re-engage citizens and enhance decision-making legitimacy are required. This book suggests that a combination of deliberative democracy and associational democracy is both a normatively desirable and an empirically plausible solution to the complex problems that are present in contemporary societies--as well as being compatible with many recent trends in governance. Author Stephen Elstub argues that by combining deliberative with associational democracy, the weaknesses of each model alone are compensated by the other, allowing the key strengths of each to manifest themselves. And he goes further by offering a detailed set of original, institutional requirements for liberal democracies that, if adopted, will enable a deliberative and associational democracy to be realised in practice.
In this sweeping and revealing insider study, Seth Stern and Stephen Wermiel shine a bright light on the life, career, and thought of William Brennan (1906-1997), widely considered the Supreme Court's most influential twentieth-century justice, as well as its greatest liberal and preeminent strategist. Stern and Wermiel make available for the first time a striking new view of Brennan based on what Jeffrey Toobin has called "a coveted set of documents"—Justice Brennan's very personal case histories of the major battles that confronted the Supreme Court during the past half century. Roe v. Wade, affirmative action, the death penalty, obscenity law, and the constitutional right to privacy are among the many controversial and hotly-contested big-picture issues covered in the Brennan annals. But they also provide more intimate glimpses of Brennan's surprising refusal to hire female clerks, even as he wrote groundbreaking opinions relating to women's rights; the complex tension between his commitment to law and his Catholic beliefs; and new details on his unprecedented working relationship with Chief Justice Earl Warren. Drawing upon Wermiel's rare access to the Brennan case histories, half of which will not be released to the public until 2017, and his more than sixty hours of one-on-one interviews with Justice Brennan himself, the authors have crafted a compelling portrait of a judicial giant, filled with details and insights that will further cement Brennan's reputation as an epic playmaker during the Court's most liberal era.
This book will become the bible of regulatory reform. No broad, authoritative treatment of the subject has been available for many years except for Alfred Kahn’s Economics of Regulation (1970). And Stephen Breyer’s book is not merely a utilitarian analysis or a legal discussion of procedures; it employs the widest possible perspective to survey the full implications of government regulation—economic, legal, administrative, political—while addressing the complex problems of administering regulatory agencies. Only a scholar with Judge Breyer’s practical experience as chief counsel to the Senate Judiciary Committee could have accomplished this task. He develops an ingenious original system for classifying regulatory activities according to the kinds of problems that have called for, or have seemed to call for, regulation; he then examines how well or poorly various regulatory regimes remedy these market defects. This enables him to organize an enormous amount of material in a coherent way, and to make significant and useful generalizations about real-world problems. Among the regulatory areas he considers are health and safety; environmental pollution, trucking, airlines, natural gas, public utilities, and telecommunications. He further gives attention to related topics such as cost-of-service ratemaking, safety standards, antitrust, and property rights. Clearly this is a book whose time is here—a veritable how-to-do-it book for administration deregulators, legislators, and the judiciary; and because it is comprehensive and superbly organized, with a wealth of highly detailed examples, it is practical for use in law schools and in courses on economics and political science.
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 illustrates how, in contrast to previous courts which took their mandate to be a move toward a freer and/or happier society, the current court evidences little concern for this goal, focusing instead on thinly veiled moral judgments. Delineating a fault line between liberal and conservative justices on the Rehnquist Court, Gottlieb suggests that conservative justices have rejected the basic principles that informed post-New Deal individual rights jurisprudence and have substituted their own conceptions of moral character for these fundamental principles. Morality Imposed adds substantially to our understanding of the Supreme Court, its most recent cases, and the evolution of judicial philosophy in the U.S.
Stephen L. Elkin deftly combines the empirical and normative strands of political science to make a powerfully original statement about what cities are, can, and should be. Rejecting the idea that two goals of city politics—equality and efficiency—are opposed to one another, Elkin argues that a commercial republic could achieve both. He then takes the unusual step of addressing how the political institutions of the city can help to form the kind of citizenry such a republic needs. The present workings of American urban political institutions are, Elkin maintains, characterized by a close relationship between politicians and businessmen, a relationship that promotes neither political equality nor effective social problem-solving. Elkin pays particular attention to the issue of land-use in his analysis of these failures of popular control in traditional city politics. Urban political institutions, however, are not just instruments for the dispensing of valued outcomes or devices for social problem-solving—they help to form the citizenry. Our present institutions largely define citizens as interest group adversaries and do little to encourage them to focus on the commercial public interest of the city. Elkin concludes by proposing new institutional arrangements that would be better able to harness the self-interested behavior of individuals for the common good of a commercial republic.
Getting By offers an integrated, critical account of the federal laws and programs that most directly affect poor and low-income people in the United States-the unemployed, the underemployed, and the low-wage employed, whether working in or outside the home. The central aim is to provide a resource for individuals and groups trying to access benefits, secure rights and protections, and mobilize for economic justice. The topics covered include cash assistance, employment and labor rights, food assistance, health care, education, consumer and banking law, housing assistance, rights in public places, access to justice, and voting rights. This comprehensive volume is appropriate for law school and undergraduate courses, and is a vital resource for policy makers, journalists, and others interested in social welfare policy in the United States.
Holmes argues that the aspirations of liberal democracy - including individual liberty, the equal dignity of citizens, and a tolerance for diversity - are best understood in relation to two central themes of classical liberal theory: the psychological motivations of individuals and the necessary constraints on individual passions provided by robust institutions. Paradoxically, Holmes argues, such institutional restraints serve to enable, rather than limit or dilute, effective democracy.
Psychological constructs - such as emotion regulation, creativity, grit, growth mindset, lifelong learning, and whole child - are appealing as pedagogical aspirations and outcomes. Researchers, policy-makers, and educators are likely to endorse and accept these constructs as ways to make sense of students and inform pedagogical decision-making. Few critically interrogate these constructs, as they are associated with students' academic achievement, psychological well-being, civic virtue, and career readiness. However, this book shows how these constructs become entangled in a neoliberal vision of selfhood, which is tied to market prescriptions and is thus associated with problematic ethical, psychological, moral, and economic consequences. The chapters draw attention to the ideological underpinnings in order to facilitate conversations about selfhood in schooling policy and practices.
The Middle Ages is often viewed as a period of low intellectual achievement. The name itself refers to the time between the high philosophical and literary accomplishments of the Greco-Roman world and the technological advances that were achieved and philosophical and theological alternatives that were formulated in the modern world that followed. However, having produced such great philosophers as Anselm, Peter Abelard, John Duns Scotus, William of Ockham, Peter Lombard, and the towering Thomas Aquinas, it hardly seems fair to label the medieval period as such. Examining the influence of ancient Greek philosophy as well as of the Arabian and Hebrew scholars who transmitted it, The A to Z of Medieval Philosophy and Theology presents the philosophy of the Christian West from the 9th to the early 17th century. This is accomplished through a chronology, an introduction, appendixes, a bibliography, and hundreds of cross-referenced dictionary entries on the philosophers, concepts, issues, institutions, and events, making this an important reference for the study of the progression of human thought.
“Shakerism teaches God’s immanence through the common life shared in Christ’s mystical body.” Like many religious seekers throughout the ages, they honor the revelation of God but cannot be bound up in an unchanging set of dogmas or creeds. Freeing themselves from domination by the state religion, Mother Ann Lee and her first followers in mid-18th-century England labored to encounter the godhead directly. They were blessed by spiritual gifts that showed them a way to live the heavenly life on Earth. The result of their efforts was the fashioning of a celibate communal life called the Christlife, wherein a person, after confessing all sin, through the indwelling of the Holy Spirit, can travel the path of regeneration into ever- increasing holiness. Pacifism, equality of the sexes, and withdrawal from the world are some of the ways the faith was put into practice. This second edition of Historical Dictionary of the Shakers contains a chronology, an introduction, appendixes, and an extensive bibliography. The dictionary section has over 300 cross-referenced entries on Shaker communities, industries, individual families, and important people. This book is an excellent resource for students, researchers, and anyone wanting to know more about the Shakers.
Corporate laws are based on the idea that the interests of shareholders should be the primary concern of company directors. However, some argue that the proper role for shareholders is to sit back and let the corporation's managers do their job, or that the pursuit of shareholders' interests detracts from the concerns of employees or victims of corporate wrongdoing or other stakeholders. Stephen Bottomley argues that instead of consigning shareholders to this passive role, they should be given opportunities to be active members of corporations. Corporations are constitutional arrangements rather than mere contractual agreements. They are decision-making organizations in which questions of process and structure are important. Thus, instead of using economic criteria such as efficiency as the sole measure for deciding what constitutes 'good' corporate governance, this book examines whether ideas of accountability, deliberation and contestability provide a valuable framework for assessing corporate structures and process and for encouraging greater shareholder participation.
James Madison is the thinker most responsible for laying the groundwork of the American commercial republic. But he did not anticipate that the propertied class on which he relied would become extraordinarily politically powerful at the same time as its interests narrowed. This and other flaws, argues Stephen L. Elkin, have undermined the delicately balanced system he constructed. In Reconstructing the Commercial Republic, Elkin critiques the Madisonian system, revealing which of its aspects have withstood the test of time and which have not. The deficiencies Elkin points out provide the starting point for his own constitutional theory of the republic—a theory that, unlike Madison’s, lays out a substantive conception of the public interest that emphasizes the power of institutions to shape our political, economic, and civic lives. Elkin argues that his theory should guide us toward building a commercial republic that is rooted in a politics of the public interest and the self-interest of the middle class. He then recommends specific reforms to create this kind of republic, asserting that Americans today can still have the lives a commercial republic is intended to promote: lives with real opportunities for economic prosperity, republican political self-government, and individual liberty.
This book addresses the nature and injustice of authority, retracing the ideas of reason and law from ancient Greece to the present, pursuing a line of thought begun with Anaximander, who speaks of the ordinance of time as restitution for immemorial injustice, and Heraclitus, who speaks of justice as strife. Predominantly philosophical, exploring the authority of Western philosophy in twentieth-century continental and pragmatist writings, the book explores alternative voices as challenges to authority, in feminist and multicultural writings, in Greek mythology and African narratives, in Greek drama and twentieth-century literature.
This will help us customize your experience to showcase the most relevant content to your age group
Please select from below
Login
Not registered?
Sign up
Already registered?
Success – Your message will goes here
We'd love to hear from you!
Thank you for visiting our website. Would you like to provide feedback on how we could improve your experience?
This site does not use any third party cookies with one exception — it uses cookies from Google to deliver its services and to analyze traffic.Learn More.