This lively book reassesses a century of jurisprudential thought from a fresh perspective, and points to a malaise that currently afflicts not only legal theory but law in general. Steven Smith argues that our legal vocabulary and methods of reasoning presuppose classical ontological commitments that were explicitly articulated by thinkers from Aquinas to Coke to Blackstone, and even by Joseph Story. But these commitments are out of sync with the world view that prevails today in academic and professional thinking. So our law-talk thus degenerates into "just words"--or a kind of nonsense. The diagnosis is similar to that offered by Holmes, the Legal Realists, and other critics over the past century, except that these critics assumed that the older ontological commitments were dead, or at least on their way to extinction; so their aim was to purge legal discourse of what they saw as an archaic and fading metaphysics. Smith's argument starts with essentially the same metaphysical predicament but moves in the opposite direction. Instead of avoiding or marginalizing the "ultimate questions," he argues that we need to face up to them and consider their implications for law.
A Disciple's Journal is a guide for daily prayer, Bible reading, and discipleship for Christians in the Weslayan tradition who want to grow in holiness. The journal follows the liturgical calendar and contains daily prayers for morning and evening, daily scripture readings that correspond to the Revised Common Lectionary, excerpts from the works of John and Charles Wesley, and other helps for keeping a balance between works of piety and works of mercy.
Rattling the Cage explains how the failure to recognize the basic legal rights of chimpanzees and bonobos in light of modern scientific findings creates a glaring contradiction in our law. In this witty, moving, persuasive, and impeccably researched argument, Wise demonstrates that the cognitive, emotional, and social capacities of these apes entitle them to freedom from imprisonment and abuse.
In Black Victory, Darlene Clark Hine examines a pivotal breakthrough in the struggle for black liberation through the voting process. She details the steps and players in the 1944 U.S. Supreme Court decision in Smith v. Allwright, a precursor to the 1965 Voting Rights Act. She discusses the role that NAACP attorneys such as Thurgood Marshall played in helping black Texans regain the right denied them by white Texans in the Democratic Party: the right to vote and to have that vote count. Hine illuminates the mobilization of black Texans. She effectively demonstrates how each part of the African American community - from professionals to laborers - was essential to this struggle and the victory against disfranchisement." --Book Jacket.
The proliferation of work on the theological hermeneutics of Scripture in recent years has challenged and reimagined the divisions between systematic theology and biblical studies on the one hand and academy and church on the other. Also notable, however, has been the absence of a full-length treatment of theological interpretation from a Wesleyan perspective. This monograph develops a Wesleyan theological hermeneutic of Scripture, approached as a craft learned from a tradition-constituted appropriation of John Wesley’s hermeneutics. This hermeneutic requires a descriptive analysis of the context, grammar, and ruled reading of the literal sense in Wesley’s interpretive practices, as well as critical interaction with the analysis in light of contemporary issues. As a result of this interaction, continuity and discontinuity between Wesley’s and Wesleyan interpretation emerges and is accounted for. The Wesleyan theological hermeneutic developed here defines the church as Spirit-formed context within the larger divine economy of salvation, in contrast with Wesley’s emphasis on individual soteriology and underdeveloped ecclesiology. Within this community context, Wesleyan theological interpretation is a means of grace whereby the Holy Spirit reinterprets the identity of readers into children of God. Theological interpretation invites readers on a Wesleyan account to participate in the textually mediated identity of Jesus Christ through the gracious work of the Holy Spirit. Wesleyan identity is therefore a figurally created identity based on the literal sense of Scripture. Wesley’s analogy of faith, which rules his reading of Scripture, thus gives way to a more explicitly trinitarian rule of faith.
By what criteria should public policy be evaluated? Fairness and justice? Or the welfare of individuals? Debate over this fundamental question has spanned the ages. Fairness versus Welfare poses a bold challenge to contemporary moral philosophy by showing that most moral principles conflict more sharply with welfare than is generally recognized. In particular, the authors demonstrate that all principles that are not based exclusively on welfare will sometimes favor policies under which literally everyone would be worse off. The book draws on the work of moral philosophers, economists, evolutionary and cognitive psychologists, and legal academics to scrutinize a number of particular subjects that have engaged legal scholars and moral philosophers. How can the deeply problematic nature of all nonwelfarist principles be reconciled with our moral instincts and intuitions that support them? The authors offer a fascinating explanation of the origins of our moral instincts and intuitions, developing ideas originally advanced by Hume and Sidgwick and more recently explored by psychologists and evolutionary theorists. Their analysis indicates that most moral principles that seem appealing, upon examination, have a functional explanation, one that does not justify their being accorded independent weight in the assessment of public policy. Fairness versus Welfare has profound implications for the theory and practice of policy analysis and has already generated considerable debate in academia.
This is an expanded second edition of Nicholas Mercuro and Steven Medema's influential book Economics and the Law, whose publication in 1998 marked the most comprehensive overview of the various schools of thought in the burgeoning field of Law and Economics. Each of these competing yet complementary traditions has both redefined the study of law and exposed the key economic implications of the legal environment. The book remains true to the scope and aims of the first edition, but also takes account of the field's evolution. At the book's core is an expanded discussion of the Chicago school, Public Choice Theory, Institutional Law and Economics, and New Institutional Economics. A new chapter explores the Law and Economics literature on social norms, today an integral part of each of the schools of thought. The chapter on the New Haven and Modern Civic Republican approaches has likewise been expanded. These chapters are complemented by a discussion of the Austrian school of Law and Economics. Each chapter now includes an "At Work" section presenting applications of that particular school of thought. By providing readers with a concise, noncritical description of the broad contours of each school, this book illuminates the fundamental insights of a field with important implications not only for economics and the law, but also for political science, philosophy, public administration, and sociology.
What effects do laws have? Do individuals drive more cautiously, clear ice from sidewalks more diligently, and commit fewer crimes because of the threat of legal sanctions? Do corporations pollute less, market safer products, and obey contracts to avoid suit? And given the effects of laws, which are socially best? Such questions about the influence and desirability of laws have been investigated by legal scholars and economists in a new, rigorous, and systematic manner since the 1970s. Their approach, which is called economic, is widely considered to be intellectually compelling and to have revolutionized thinking about the law. In this book Steven Shavell provides an in-depth analysis and synthesis of the economic approach to the building blocks of our legal system, namely, property law, tort law, contract law, and criminal law. He also examines the litigation process as well as welfare economics and morality. Aimed at a broad audience, this book requires neither a legal background nor technical economics or mathematics to understand it. Because of its breadth, analytical clarity, and general accessibility, it is likely to serve as a definitive work in the economic analysis of law.
International human rights law has emerged as an academic subject in its own right, separate from, but still related to international law. This book explains the distinctive nature of this discipline by examining the influence of the idea of human rights on general international law. Rather than make use of a particular moral philosophy or political theory, it explains human rights by examining the way the term is deployed in legal practice, on the understanding that words are given meaning through their use. Relying on complexity theory to make sense of the legal practice of the United Nations, the core human rights treaties, and customary international law, the work demonstrates the emergence of the moral concept of human rights as a fact of the social world. It reveals the dynamic nature of this concept, and the influence of the idea on the legal practice, a fact that explains the fragmentation of international law and special nature of international human rights law.
Many festschrifts are meant to simply highlight the academic accomplishments of the honored recipient and his or her students, but Dr. James A. Nestingen is much more than an academic. Jim's life and career have involved his calling into multiple vocations. He is a dedicated husband and father, acclaimed academic, beloved teacher, preacher of Christ Jesus, and distinguished author, as well as a friend and much-loved mentor to many of us. In some cases, he even serves as a surrogate father figure.The goods being handed over are the Word of Christ Jesus which flows from the lips of one sinner to the ears of another and, by the power of the Holy Spirit, into the heart, thus turning our hearts of stone into hearts of flesh. By handing over the goods himself, Jim has influenced many people from a variety of cultural, theological, synodical, and denominational backgrounds. Those who have contributed to this volume represent the diversity of opinions that characterizes Jim's openness, kindness, and willingness to stretch himself while stretching others.
For one-semester undergraduate courses in Law and Society, Sociology of Law, Introduction to Law, and a variety of criminal justice courses offered in departments of Sociology, Criminal Justice, and Political Science. Examines the interplay between law and society. Law and Society, 10e provides an informative, balanced and comprehensive analysis of the interplay between law and society. This text presents an overview of the most advanced interdisciplinary and international research, theoretical advances, ongoing debates and controversies. It raises new levels of awareness on the structure and functions of law and legal systems and the principal players in the legal arena and their impact on our lives. In addition, it looks at the legal system in the context of race, class, and gender and considers multicultural and cross-cultural issues in a contemporary and interdisciplinary context.
Polished is a collection of poems born from more than thirty years of exploring and wandering the wild trails and rivers of the Colorado Plateau. Collectively, the poems paint an exuberant, image-rich story of a curious, observant young man seeking moments of wonder and beauty in his wild backyard. Sometimes reverent, sometimes joyful; always colorful and vivid.
John Wesley, eighteenth century Church of England priest and founder of Methodism, was strongly influenced by the works of Roman Catholic mystics early in his ministry. These writings shaped his widely known doctrine of Christian perfection or entire sanctification. The mystics inspired Wesley to advocate for a lofty spiritual goal that he believed to be attainable in this life. In time, however, he developed many contentions with extremes as well as some particulars found in the mystical tradition. Beginning in 1749, Wesley began to publish his Christian Library--a fifty-volume compilation of abridged works that he believed to be among the best writings on practical divinity that had been published in English. Among this vast collection, he incorporated two works originally written in Spanish including a sampling of Letters by Juan de Avila and the Spiritual Guide by Miguel de Molinos. This book examines Wesley's editing of these works as a way of evaluating Wesley's theology in comparison and contrast with Spanish mysticism. In particular, this book serves as a comparative study among these authors on matters of theological authority, self-knowledge and epistemology, soteriology, spiritual growth, suffering and divine withdrawal, prayer, meditation, contemplation, and the spiritual goal.
This book is designed to show readers how ethics can constrain improper behavior. To demonstrate the relationship of ethics to good government, the author presents high profile case studies that were selected for their notoriety and their ability to connect the reader to fundamental ethical questions. Themes of public interest, natural law, and rule of law provide a framework for the case studies, which include torture (Abu Ghraib), impeachment (Clinton), competence (FEMA), electoral violation (DeLay), and historical corruption (machine politics). The chapters discuss concepts that help to define responsible behavior in terms of behavior in elections, honesty and competence, and international law.
Cognitive science is transforming our understanding of the mind. New discoveries are changing how we comprehend not just language, but thought itself. Yet, surprisingly little of the new learning has penetrated discussions and analysis of the most important social institution affecting our lives-the law. Drawing on work in philosophy, psychology, anthropology, linguistics, and literary theory, Steven L. Winter has created nothing less than a tour de force of interdisciplinary analysis. A Clearing in the Forest rests on the simple notion that the better we understand the workings of the mind, the better we will understand all its products-especially law. Legal studies today focus on analytic skills and grand normative theories. But, to understand how real-world, legal actors reason and decide, we need a different set of tools. Cognitive science provides those tools, opening a window on the imaginative, yet orderly mental processes that animate thinking and decisionmaking among lawyers, judges, and lay persons alike. Recent findings about how humans actually categorize and reason make it possible to explain legal reasoning in new, more cogent, more productive ways. A Clearing in the Forest is a compelling meditation on both how the law works and what it all means. In uncovering the irrepressibly imaginative, creative quality of human reason, Winter shows how what we are learning about the mind changes not only our understanding of law, but ultimately of ourselves. He charts a unique course to understanding the world we inhabit, showing us the way to the clearing in the forest.
What will the final state of the redeemed look like? Throughout the history of the church, conceptions of the final state have tended to minimize the promise of the new heavens and new earth. In contrast to the historical dominance of spiritual, heavenly, non-temporal conceptions of the final state, the last two decades have witnessed a rise in conceptions that include the redemption of material, earthly, and temporal reality. These “new creation” conceptions have included proposals regarding the fulfillment of Old Testament land promises. In New Creation Eschatology and the Land, Steven L. James argues that in recent new creation conceptions of the final state there is a logical inconsistency between the use of Old Testament texts to inform a renewed earth and the exclusion of the territory of Israel from that renewed earth. By examining a select group of new creationists, James shows that the exclusion of the territorial restoration of Israel in a new creation conception fails to appreciate the role of the particular territory in Old Testament prophetic texts and results in an inconsistent new creationism.
In sheer numbers, no form of government control comes close to the police stop. Each year, twelve percent of drivers in the United States are stopped by the police, and the figure is almost double among racial minorities. Police stops are among the most recognizable and frequently criticized incidences of racial profiling, but, while numerous studies have shown that minorities are pulled over at higher rates, none have examined how police stops have come to be both encouraged and institutionalized. Pulled Over deftly traces the strange history of the investigatory police stop, from its discredited beginning as “aggressive patrolling” to its current status as accepted institutional practice. Drawing on the richest study of police stops to date, the authors show that who is stopped and how they are treated convey powerful messages about citizenship and racial disparity in the United States. For African Americans, for instance, the experience of investigatory stops erodes the perceived legitimacy of police stops and of the police generally, leading to decreased trust in the police and less willingness to solicit police assistance or to self-censor in terms of clothing or where they drive. This holds true even when police are courteous and respectful throughout the encounters and follow seemingly colorblind institutional protocols. With a growing push in recent years to use local police in immigration efforts, Hispanics stand poised to share African Americans’ long experience of investigative stops. In a country that celebrates democracy and racial equality, investigatory stops have a profound and deleterious effect on African American and other minority communities that merits serious reconsideration. Pulled Over offers practical recommendations on how reforms can protect the rights of citizens and still effectively combat crime.
Written by an author team that includes former and current law enforcement officers, Introduction to Policing focuses on the most thought-provoking, contemporary issues in the world of policing. The authors tackle complex issues that impact policing today, such as social diversity; advancements in technology; and global issues, such as terrorism and transnational organized crime. The Fifth Edition offers fully updated content in SAGE’s Vantage courseware platform. This title is accompanied by a complete teaching and learning package. Contact your SAGE representative to request a demo. Learning Platform / Courseware SAGE Vantage is an intuitive learning platform that integrates quality SAGE textbook content with assignable multimedia activities and auto-graded assessments to drive student engagement and ensure accountability. Unparalleled in its ease of use and built for dynamic teaching and learning, Vantage offers customizable LMS integration and best-in-class support. It’s a learning platform you and your students will actually love. Learn more. Assignable Video with Assessment Assignable video (available in SAGE Vantage) is tied to learning objectives and curated exclusively for this text to bring concepts to life. Watch a sample video now. LMS Cartridge: Import this title’s instructor resources into your school’s learning management system (LMS) and save time. Don’t use an LMS? You can still access all of the same online resources for this title via the password-protected Instructor Resource Site. Learn more.
From divine visions to self-tortures, some strange mystical experiences have shaped the Christian tradition. Full of colourful detail, this book examines the mystical experiences that have determined the history of Christianity.
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.
This textbook provides complete and comprehensive coverage of the theological tradition of Aquinas, Maximus, Luther, Irenaeus, Lonergan, von Balthasar, Schmemann, Meyendorf and Barth. Each section of this textbook explores a wide variety of questions – who are we? Is there a God, and if so, what is his nature? Who is Jesus? What does it mean that we live both in sin and righteousness? It consists of 15 modules that are comprised of 46 chapters. Each module has two parts: there are systematic chapters that discuss and explain each module's topic; and the final chapter of each module examines 4 to 6 primary sources that are important for each topic. This textbook includes an extensive range of pedagogical features: - Sample tests in which each objective question has been quality tested by classroom use (with a discrimination index) - A discussion guide for each chapter - Learning objectives linked to each chapter - The text includes bold-faced terms, boxed text sections that identify central figures and points of debate, study question, chapter summaries, glossary
A Disciple's Journal 2015 is a guide for daily prayer, Bible reading, and discipleship for Christians in the Wesleyan tradition who want to grow in holiness of heart and life. The journal follows the liturgical calendar and contains orders for daily morning and evening prayer, space to record weekly acts of discipleship, a daily lectionary based on the Revised Common Lectionary, excerpts from the works of John and Charles Wesley, and articles on discipleship in the Wesleyan tradition. Includes Advent and Christmas (Year C) and pages for notes.
Traces the development of African-American community traditions over three centuries From the subaltern assemblies of the enslaved in colonial New York City to the benevolent New York African Society of the early national era to the formation of the African Blood Brotherhood in twentieth century Harlem, voluntary associations have been a fixture of African-American communities. In the Company of Black Men examines New York City over three centuries to show that enslaved Africans provided the institutional foundation upon which African-American religious, political, and social culture could flourish. Arguing that the universality of the voluntary tradition in African-American communities has its basis in collectivism—a behavioral and rhetorical tendency to privilege the group over the individual—it explores the institutions that arose as enslaved Africans exploited the potential for group action and mass resistance. Craig Steven Wilder’s research is particularly exciting in its assertion that Africans entered the Americas equipped with intellectual traditions and sociological models that facilitated a communitarian response to oppression. Presenting a dramatic shift from previous work which has viewed African-American male associations as derivative and imitative of white male counterparts, In the Company of Black Men provides a ground-breaking template for investigating antebellum black institutions.
A Disciple's Journal, carefully designed and deeply Wesleyan, provides a pattern of daily prayer and scripture reading for disciples who want to grow in holiness of heart and life. It invites readers into a Wesleyan way of following Jesus Christ shaped by the General Rule of Discipleship: To witness to Jesus Christ in the world and to follow his teachings through acts of compassion, justice, worship, and devotion under the guidance of the Holy Spirit. The journal includes: A daily lectionary that corresponds with the Revised Common Lectionary Inspirational quotes from John Wesley Excerpts from Wesley's sermons Hymns from Charles Wesley Orders for prayer in the morning and evening Prayers for each day of the week A journal for discipleship A pattern for intercessory prayer
Australian Property Law: Principles to Practice is an engaging introduction to property law in Australia. Covering substantive law and procedural matters, this textbook presents the law of personal and real property in a contemporary light. Australian Property Law details how property law practice is transformed by technology and provides insights into contemporary challenges and risks. Taking a thematic approach, the text covers possession of goods and land, land tenure, estates and future interests, property registration systems, Indigenous land rights and native title, social housing, Crown land and ethics. Complex concepts are contextualised by linking case law and legislation to practical applications. Each chapter is supported by digital tools including case and legislation boxes with links to the full source online, links to useful online resources, multiple-choice questions, review questions and longer narrative problems. Australian Property Law provides an essential introduction to the principles and practice of property law in an ever-changing technological environment.
Black Ballots is an in-depth look at suffrage expansion in the South from World War II through the Johnson administration. Steven Lawson focuses on the "Second Reconstruction"-the struggle of blacks to gain political power in the South through the ballot-which both whites and black perceived to be a key element in the civil rights process. Examining the struggle of civil rights groups to enfranchise Negroes, Lawson also analyzes the responses of federal and local officials to those efforts. He describes the various techniques-from the white primary, the poll tax, literacy tests, and restrictive registration procedures through sheer intimidation-that were developed by white southerners to perpetuate disfranchisement and the sundry methods used by blacks and their white allies to challenge them.
More than a half century after the Nuremberg and Tokyo trials, nations around the world are increasingly grappling with the need to hold individuals accountable for human rights atrocities. In this innovative book, now in its second edition, Steven R. Ratner and Jason S. Abrams offer a comprehensive study of the promises and limitations of individual accountability as a means of enforcing international human rights and humanitarian law. They provide a searching analysis of the principal crimes under the law of nations, such as genocide, crimes against humanity, and war crimes, and go on to appraise the range of prosecutorial and other mechanisms for holding abusers responsible. The authors conclude with a series of compelling conclusions about the future of accountability. The second edition includes developments since 1997, including new domestic prosecutions and truth commissions, the work of the UN's Yugoslavia and Rwanda tribunals, and the International Criminal Court"--Unedited summary from book cover.
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