Government by Judiciary

The Transformation of the Fourteenth Amendment

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Author: Raoul Berger

Publisher: N.A

ISBN: 9780865971448

Category: Law

Page: 555

View: 6914

The Justices, who are virtually unaccountable, irremovable, and irreversible, have taken over from the people control of their own destiny. — Raoul Berger It is the thesis of this monumentally argued book that the United States Supreme Court—largely through abuses of the Fourteenth Amendment to the Constitution—has embarked on "a continuing revision of the Constitution, under the guise of interpretation." Consequently, the Court has subverted America's democratic institutions and wreaked havoc upon Americans' social and political lives. One of the first constitutional scholars to question the rise of judicial activism in modern times, Raoul Berger points out that "the Supreme Court is not empowered to rewrite the Constitution, that in its transformation of the Fourteenth Amendment it has demonstrably done so. Thereby the Justices, who are virtually unaccountable, irremovable, and irreversible, have taken over from the people control of their own destiny, an awesome exercise of power." The Court has accomplished this transformation by ignoring or actually distorting the original intent of both the framers and the supporters of the Fourteenth Amendment. In school desegregation and legislative reapportionment cases, for example, the Court manipulated the history, meaning, and purpose of the amendment's Equal Protection Clause in order to achieve a desired political result. In cases involving First Amendment freedoms and the rights of the accused, the judges converted the Fourteenth Amendment's Due Process Clause into a vehicle for the nationalization of the Bill of Rights. Yet these actions were nothing less than "usurpations" that robbed "from the States a power that unmistakably was left to them." This new second edition includes the original text of 1977 and extensive supplementary discourses in which the author assesses and rebuts the responses of his critics. Raoul Berger retired in 1976 as Charles Warren Senior Fellow in American Legal History, Harvard University.

The Oxford Handbook of Law and Politics

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Author: Keith E. Whittington,R. Daniel Kelemen,Gregory A. Caldeira

Publisher: OUP Oxford

ISBN: 0191615064

Category: Political Science

Page: 832

View: 8210

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.

The Oxford Encyclopedia of American Political and Legal History

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Author: Donald T. Critchlow,Philip R. VanderMeer

Publisher: Oxford University Press

ISBN: 0199754616

Category: History

Page: 1000

View: 7989

The Oxford Encyclopedia of American Political and Legal History brings together an unparalleled wealth of information about the laws, institutions, and actors that have governed America throughout its history. Entries key political figures, important legislation and governmental institutions, broad political trends relating to elections, voting behavior, and party development, as well as key court cases, legal theories, constitutional interpretations, Supreme Court justices, and other major legal figures. Emphasizing the interconnectedness of politics and law, the more than 430 expertly written entries in the Encyclopedia provide an invaluable and in-depth overview of the development of America's political and legal frameworks.

Doing Austin Justice

The Reception of John Austin's Philosophy of Law in Nineteenth Century England

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Author: Wilfrid Rumble,John Austin

Publisher: A&C Black

ISBN: 9780826474742

Category: Philosophy

Page: 270

View: 7799

John Austin was a towering presence in nineteenth-century English jurisprudence. He lived at the centre of the utilitarian movement in London during the the 1820s and 1830s, and became its leading philosopher of law after Bentham's death (1832). Wilfred E. Rumble's book analyses Austin's work in its historical context, and shows how much of it remains viable today--including his conception of analytical jurisprudence, his sharp distinction between law and morality, and his utilitarian theory of resistance to government. The end result is a richer, more nuanced portrait of Austin's legal philosophy than his twentieth century critics have painted. Doing Austin Justice thus fills a large gap in the literature about this important figure.

Law, State, and Society in Modern Iran

Constitutionalism, Autocracy, and Legal Reform, 1906–1941

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Author: H. Enayat

Publisher: Springer

ISBN: 1137282029

Category: History

Page: 256

View: 5419

Using a 'Historical Institutionalist' approach, this book sheds light on a relatively understudied dimension of state-building in early twentieth century Iran, namely the quest for judicial reform and the rule of law from the 1906 Constitutional Revolution to the end of Reza Shah's rule in 1941.

Law and Justice from Antiquity to Enlightenment

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Author: Robert W. Shaffern

Publisher: Rowman & Littlefield Publishers

ISBN: 1461638712

Category: History

Page: 248

View: 1140

This concise intellectual history of the law offers an accessible introduction to the development of law from ancient Babylon to eighteenth-century Europe. Robert W. Shaffern examines a rich array of sources to illuminate ideas about law and justice in Western civilization. Designed specifically for undergraduates to the subject, this book will be invaluable for introductory courses on the history of law and jurisprudence.

Legal Harmonization and the Business Enterprise

Corporate and Capital Market Law Harmonization Policy in Europe and the U.S.A.

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Author: Richard M. Buxbaum,Klaus J. Hopt

Publisher: Walter de Gruyter

ISBN: 3110868830

Category: Law

Page: 381

View: 2058

Judicial Review and Bureaucratic Impact

International and Interdisciplinary Perspectives

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Author: Simon Halliday

Publisher: Cambridge University Press

ISBN: 9780521547864

Category: Law

Page: 315

View: 2758

International scholars from political science and law/socio-legal studies present new research which focuses on the relationship between judicial review and bureaucratic behaviour. Individual chapters consider fundamental conceptual and methodological issues, in addition to presenting empirical case studies from various parts of the world: the United States, Canada, Australia, Israel, and the United Kingdom. This is a landmark text offering an international, interdisciplinary and empirical perspective on judicial review's impact on bureaucracies. It will significantly advance the research agenda concerning judicial review and its relationship to social change.

Judicial Reform and Reorganization in 20th Century Iran

State-Building, Modernization and Islamicization

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Author: Majid Mohammadi

Publisher: Routledge

ISBN: 113589342X

Category: Political Science

Page: 416

View: 1103

Iran is now at the center of political and social developments in the Middle East. This book examines the reform of the judicial system in 20th century Iran and is the first to relate state-building process with rule of law promotion and judicial reform in the region. This subject occupies the critical juncture of three developments in the contemporary study of Iranian society as an important and early case of social revolution and reform in the Middle East: the state-building process in a non-Western country throughout the 20th century, the incorporation of a non-Western Muslim country into the Western legal framework through codification and transplantation (1911-1979), and the Islamicization process after this critical social development and the Islamic Revolution of 1979. This exceptional study furthers our understanding of Iranian modern history as well as the democratization process, human rights and rule of law issues in the Middle East.

Understanding Jurisprudence

An Introduction to Legal Theory

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Author: Raymond Wacks

Publisher: Oxford University Press, USA

ISBN: 0198723865

Category: Law

Page: 379

View: 3712

With its clear and entertaining writing style, Understanding Jurisprudence is the perfect guide for students new to legal theory and looking for an accessible introduction to the subject. Key theories and theorists are introduced in a compact and easy-to-read format, offering an engaging account of the central ideas without oversimplification. Key quotes from leading scholars are included throughout the text, introducing you to their work and its impact on legal philosophy, while further reading suggestions help you to navigate the broad range of literature available in this area. Each chapter concludes with a series of critical questions designed to encourage you to think analytically about the law and the key ideas and debates which surround it. New to this editionRevised to include the most recent scholarship in several areas of jurisprudence, and to reflect the social and political developments that have influenced the law and legal theoryExpanded chapters on natural law, legal positivism, realism, rights, and theories of justiceNew and enhanced discussions of the rule of law, global justice, virtue ethics, human and animal rights, the economic analysis of law, and postmodernist theoriesUpdated suggested further reading lists and questions at the end of each chapter

American judicial politics

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Author: Harry P. Stumpf

Publisher: N.A

ISBN: 9780130334657

Category: Law

Page: 489

View: 8901

KEY BENEFIT: This book on the American judicial system encourages readers to seriously consider the way we think about law, politics, and society. Providing the most extensive study of jurisprudence available, it offers important perspectives for understanding how and why law works the way it does in the American political context; succinctly presents the main currents of contemporary legal thought for an in-depth study of American law and courts; endeavors to cover each and every significant subject, issue, and research area common to the subfield of law and courts in contemporary American political science; and contains exceptionally through documentation throughout. It describes and analyzes key elements of the judicial process, including the selection of judges at both the state and federal levels; the history and structure of the American judicial system; the trial process in both civil and criminal courts, the implementation of judicial decisions; and the role of the judiciary in American politics and society. It also adds material on feminist jurisprudence, racial theory, and the "new constitutive" view of law, and includes the latest findings and figures on caseflow in the U.S. Supreme Court, law school enrollments, crime statistics, and more. For political scientists, lawyers, and those interested in the American government and constitutional law.

Unser Wissen von der Außenwelt

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Author: Bertrand Russell

Publisher: Felix Meiner Verlag

ISBN: 3787321012

Category: Philosophy

Page: 280

View: 815

In "Unser Wissen von der Außenwelt" wendet Russell die logisch-analytische Methode auf die Philosophie an und sucht Antworten auf die Frage nach Wesen und Erwerb sicheren Wissens von der Außenwelt. "Unser Wissen von der Außenwelt", zuerst erschienen 1914, enthält zusammen mit der Einführung in die mathematische Philosophie von 1919 (PhB 536) die Gesamtheit aller wichtigen erkenntnistheoretischen und logischen Ansichten Russells. Hervorgegangen aus den "Lowell Lectures" - einer Vorlesungsreihe, die Russell 1914 an der Harvard Universität in Boston gehalten hat -, beschäftigt sich das Werk mit Wesen und Erwerb sicheren Wissens von der objektiven Außenwelt und sucht Antworten auf die Fragen, was die Welt sei und wie der Mensch sie sieht. Im Zentrum der Erörterung steht dabei das Verhältnis der Sinnesdaten zu Raum, Zeit und dem Gegenstand der mathematischen Physik. Russells Anwendung der logisch-analytischen Methode auf die Philosophie fußt auf dem Verständnis von Logik und Wahrnehmung als absolute Fundamente, auf die alles Wissen zu reduzieren ist. Sie offenbart Eigenart, Wirksamkeit und Unvermögen der modernen Logik in der Philosophie und erhebt diese in den Stand einer wissenschaftlichen Disziplin. Die Leichtigkeit des Fortgangs der Argumentation und die lebendige Sprache gewähren einen schnellen Zugang zu Werk und Grundthesen des Autors. "Unser Wissen von der Außenwelt" war von umfassendem Einfluß und hat beispielsweise Rudolf Carnap zu seinem Hauptwerk "Der logische Aufbau der Welt" angeregt. Mit der Neuausgabe des Textes in der "PhB" wird eine grundlegende Überarbeitung der deutschen Erstausgabe des Jahres 1926 im Meiner Verlag vorgelegt. Der Band basiert auf der von Russell im gleichen Jahr überarbeiteten Version und wird durch eine ausführliche Einleitung des Herausgebers abgerundet.

Public Services Issues with Rare and Archival Law Materials

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Author: Michael Widener

Publisher: Routledge

ISBN: 1134735375

Category: Language Arts & Disciplines

Page: 206

View: 2548

“Rare books and archives come alive when consulted by readers and researchers.” --from the Introduction In the administrative and budgetary environment of law librarianship, outstanding reference service is crucial to the survival and growth of special collections. Public Services Issues with Rare and Archival Law Materials offers practical suggestions for putting these valuable special collections to work. Each chapter gives clear, proven advice on making the most of rare book sections and archives to contribute to the mission of their libraries and parent institutions. Public Services Issues with Rare and Archival Law Materials provides a comprehensive overview of issues in using these special collections. It begins with an original study of the research habits of legal historians, which can help you plan a strategy for making your collection more accessible to scholars. It concludes with thoughtful consideration of the ethical issues of using archived papers, balancing the scholar’s need to understand the inner workings of the legal system against the need for private court deliberations and attorney-client privilege. This wide-ranging book provides the tools you need for keeping archives in active service, including: detailed instructions for the care and use of rare legal materials ideas for creating exhibits and outreach activities, including Web sites suggestions for working with early books on Roman and canon law practical techniques for using archives in litigation and cooperating with attorneys a bibliography of law-related archives and rare-book librarianship This essential book will assist rare book librarians and archivists to provide better reference service by providing examples of best practice and solutions to common problems. Public Services Issues with Rare and Archival Law Materials is an indispensable resource for law librarians, archivists, and scholars.

American Law and the Constitutional Order

Historical Perspectives

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Author: Lawrence Meir Friedman,Harry N. Scheiber

Publisher: Harvard University Press

ISBN: 9780674025271

Category: History

Page: 581

View: 3732

This is the standard reader in American law and constitutional development. The selections demonstrate that the legal order, once defined by society, helps in molding the various forces of the social life of that society. The essays cover the entire period of the American experience, from the colonies to postindustrial society. Additions to this enlarged edition include essays by Michael Parrish on the Depression and the New Deal; Abram Chayes on the role of the judge in public law litigation; David Vogel on social regulation; Harry N. Scheiber on doctrinal legacies and institutional innovations in the relation between law and the economy; and Lawrence M. Friedman on American legal history.

Supreme Court Jurisprudence in Times of National Crisis, Terrorism, and War

A Historical Perspective

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Author: Arthur H. Garrison

Publisher: Lexington Books

ISBN: 0739151045

Category: Law

Page: 500

View: 3602

From the foundation of the American Republic, presidents have had to deal with both internal and external national security threats. From President Washington and his policy of neutrality during the wars between Great Britain and France in the eighteenth century, to President Lincoln and the war to save the union, to President Wilson during the war to end all wars, to President Roosevelt and war of the Greatest Generation, to President Truman and his steel during the forgotten war, and most recently to President Bush and the War on Terror, presidents have had to use their power as commander-in-chief to meet the challenges of national crisis and war. The judiciary, specifically the Supreme Court, has also played an integral part in the historical development and defining of the commander-in-chief power in times of war and national crisis from the earliest days of the republic. How these powers have grown is a consequence of how the presidents have viewed the office of the presidency and how the judiciary has interpreted the commander-in-chief and executive power clauses of the U.S. Constitution over time. Supreme Court Jurisprudence in Times of National Crisis, Terrorism, and War provides a chronological review of the major national security and war events in American history. Garrison reviews the great debates between Hamilton and Madison and Chief Justice Roger Taney and Attorney General Edward Bates on presidential executive power and how subsequent presidents have adopted the Hamiltonian view of the presidency. He also examines how Article III courts, specifically the Supreme Court, have defined, expanded, and established boundaries on the commander-in-chief power. With this historical backdrop, Garrison reveals how, for over two centuries, the judiciary has defended the rule of law and maintained the principle that under the U.S. Constitution neither the guns of war nor threats to safety have silenced the rule of law.

Global Perspectives on the Rule of Law

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Author: James J. Heckman,Robert L. Nelson,Lee Cabatingan

Publisher: Routledge

ISBN: 1135202664

Category: Law

Page: 358

View: 4655

Global Perspectives on the Rule of Law is a collection of original research on the rule of law from a panel of leading economists, political scientists, legal scholars, sociologists and historians. The chapters critically analyze the meaning and foundations of the rule of law and its relationship to economic and democratic development, challenging many of the underlying assumptions guiding the burgeoning field of rule of law development. The combination of jurisprudential, quantitative, historical/comparative, and theoretical analyses seeks to chart a new course in scholarship on the rule of law: the volume as a whole takes seriously the role of law in pursuing global justice, while confronting the complexity of instituting the rule of law and delivering its promised benefits. Written for scholars, practitioners, and policy-makers, Global Perspectives on the Rule of Law offers a unique combination of jurisprudential and empirical research that will be provocative and relevant to those who are attempting to understand and advance the rule of law globally. The chapters progress from broad questions regarding current rule of development efforts and the concept of rule of law to more specific issues pertaining to economic and democratic development. Specific countries, such as China, India, and seventeenth century England and the Netherlands, serve as case studies in some chapters, while broad global surveys feature in other chapters. Indeed, this impressive scope of research ushers in the next generation of scholarship in this area.

The Literature of American Legal History

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Author: William E. Nelson, JR.,John Phillip Reid

Publisher: Beard Books

ISBN: 1587982803

Category: Law

Page: 372

View: 6767

Republishes articles by two senior legal historians. Besides summarizing what has now become classical literature in the field, it offers illuminating insight into what it means to be a professional legal historian.

Jurisprudence

Themes and Concepts

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Author: Scott Veitch,Emilios Christodoulidis,Marco Goldoni

Publisher: Routledge

ISBN: 1136312536

Category: Law

Page: 306

View: 1501

Jurisprudence: Themes and Concepts offers an original introduction to, and critical analysis of, the central themes studied in jurisprudence courses. The book is presented in three parts each of which contains General Themes, Advanced Topics, tutorial questions and guidance on further reading: Law and Politics, locating the place of law within the study of institutions of government Legal Reasoning, examining the contested nature of the application of law Law in Modernity, exploring the social forces that shape legal development. This second edition includes enhanced discussion of the rise of legal positivism within the context of the rise of the modern state, the changing role of natural and human rights discourse, concepts of justice in and beyond the nation state, the impact of emergency doctrines in contemporary legal regulation, and challenges to the rule of law in light of shifting and competing demands for new types of social solidarity. Accessible, interdisciplinary, and socially informed this book has been revised to take into account the latest developments in jurisprudential scholarship.

Social Research in the Judicial Process

Cases, Readings, and Text

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Author: Wallace D. Loh

Publisher: Russell Sage Foundation

ISBN: 9781610443678

Category: Social Science

Page: 808

View: 913

"How to inform the judicial mind," Justice Frankfurter remarked during the school desegregation cases, "is one of the most complicated problems." Social research is a potential source of such information. Indeed, in the 1960s and 1970s, with activist courts at the forefront of social reform, the field of law and social science came of age. But for all the recent activity and scholarship in this area, few books have attempted to create an intellectual framework, a systematic introduction to applied social-legal research. Social Research in the Judicial Process addresses this need for a broader picture. Designed for use by both law students and social science students, it constructs a conceptual bridge between social research (the realm of social facts) and judicial decision making (the realm of social values). Its unique casebook format weaves together judicial opinions, empirical studies, and original text. It is a process-oriented book that teaches skills and perspectives, cultivating an informed sensitivity to the use and misuse of psychology, social psychology, and sociology in apellate and trial adjudication. Among the social-legal topics explored are school desegregation, capital punishment, jury impartiality, and eyewitness identification. This casebook is remarkable for its scope, its accessibility, and the intelligence of its conceptual integration. It provides the kind of interdisciplinary teaching framework that should eventually help lawyers to make knowledgeable use of social research, and social scientists to conduct useful research within a legally sophisticated context.