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The Search for Justice in a Media Age: Reading Stephen Lawrence and Louise Woodward
by Siobhan HolohanWhat can we learn from the legal cases of Stephen Lawrence and Louise Woodward? How do the legal system and the media contribute to a collective understanding of class, nation, race and gender? In this book, Siobhan Holohan explores media representations of law and order in the context of notions of multi-culturalism and victim-centred politics. Two high profile cases - the murder of Stephen Lawrence and the US trial of the British au-pair, Louise Woodward - are examined. Holohan argues that the stories built up around Woodward and Lawrence - the organization of public discourse around a sacrificial figure - have contributed to exclusionary patterns of social order. The book offers a perceptive account of what makes some criminal legal cases prone to scrutiny and spectacle and provides a vivid illustration of the presence of power relations in legal decisions. In conclusion, the author draws on the model of the Macpherson report to propose a more inclusive form of social and legal judgement that takes into account social inequalities.
Searching for a Leftist Constitutionalism: The German Left vs the Rechtsstaat 1848-1949 (Studies in the History of Law and Justice #30)
by Ronald CarIs there a viable leftist constitutionalism that we can juxtapose with liberal constitutionalism, or is there really no alternative? If the left is considered an a priori enemy of the principle of the rule of law, the equal chance condition proves illusory. Accordingly, those asking for changes to social institutions will deem constitutionalism undemocratic. Hence, in our times of silent de-constitutionalization at the global level and rising populism and democratic backsliding at the national level, this book offers a valuable opportunity to reconsider one of the founding principles of liberal constitutionalism, the Rechtsstaat. It re-examines the controversies that accompanied the affirmation of the concept in a long-term perspective, from 1848 to the post-World War II constitutional debates. Since 1848 the German left has challenged the dominant liberal view of legitimacy, mainly by adopting Marx’s critique of the ideology of law and the state. Thus, the left has had to challenge not only the established order, but also the mainstream political and legal culture generated by the liberal discourse on rights. In search of constitutional viability, the left has oscillated between two tendencies. On the one hand, it has denounced the discourse on rights as an ideological smokescreen used by the ruling class to keep us from paying more attention to the actual level of democracy within the parties, the governmental bodies and in everyday social relations. On the other hand, the left has attempted to adjust its platform to the mainstream idea of constitutional legitimacy by devising its own sozialer Rechtsstaat. However, the break-even point has proven hard to find. If the acceptance of liberal principles was seen as less than wholehearted, leftist constitutional proposals aroused suspicions of a coverup for an unconstitutional rule (Unrechtsstaat). On the other hand, when the left has accepted liberal constitutional principles in full, its potential to challenge the social status quo has ultimately proven to be disappointing. The controversy culminated in a desperate and largely unknown attempt to devise a constitutional compromise between Liberalism and Socialism in East Berlin in the wake of the Cold War. Although doomed to fail and devoid of democratic credibility, the debates of the East German constitutional commission in 1948 offer important insights into a century of experiences, trials and errors in constitution-making seen from the leftist perspective.
Searching for a 'Principle of Humanity' in International Humanitarian Law
by Camilla Guldahl Cooper Gro Nystuen Kjetil Mujezinović LarsenThe legal norms of International Humanitarian Law are the product of a compromise between humanitarian considerations and the demands of military necessity. In Searching for a 'Principle of Humanity' in International Humanitarian Law, international legal scholars consider whether humanitarian considerations have an independent legal impact on IHL beyond the formation of these norms. They ask whether a 'principle of humanity' can be said to have legal force in its own right. Moreover, the book investigates whether regional or national differences are emerging regarding the import and emphasis placed on humanitarian considerations. For instance, do states which are not directly affected by armed conflict attach a greater weight to humanitarian considerations when interpreting and applying IHL than those states which are more directly involved in armed conflicts? Specifically, this book examines whether a particular 'Nordic perspective' can be identified, owing to those states' involvement in armed conflicts outside their own territories in the post- Second World War era.
Searching for a Universal Ethic: Multidisciplinary, Ecumenical, and Interfaith Responses to the Catholic Natural Law Tradition
by John Berkman William C. Mattison IIIThe best contemporary English-language resource on pursuing a universal ethics In this volume twenty-three major scholars comment on and critically evaluate In Search of a Universal Ethic, the 2009 document written by the International Theological Commission (ITC) of the Catholic Church. That historic document represents an official Church contribution both to a more adequate understanding of a universal ethic and to Catholicism’s own tradition of reflection on natural law. The essays in this book reflect the ITC document’s complementary emphases of dialogue across traditions (universal ethic) and reflection on broadly applicable ethical guidance within the Christian tradition (natural law). Among other things, the document situates the natural law ethical tradition within the larger search for a universal ethic. Along with its insightful essays, Searching for a Universal Ethic offers — for the first time in published form — the Vatican’s official English translation of In Search of a Universal Ethic.Contributors:John BerkmanSerge-Thomas Bonino, O.P.David Burrell, C.S.C.Lisa Sowle CahillJoseph E. CapizziDavid CloutierAnver M. EmonRobert P. GeorgeSherif GirgisJennifer A. HerdtRussell HittingerM. Cathleen KavenyAnthony J. Kelly, C.Ss.R.Fergus Kerr, O.P.Steven A. LongWilliam C. Mattison IIIGilbert MeilaenderLivio MelinaMichael S. NorthcottDavid NovakJean PorterMartin RhonheimerTracey Rowland
Searching for Contemporary Legal Thought
by Desautels-Stein Justin Christopher TomlinsFor more than a century, law schools have trained students to 'think like a lawyer'. In these times of legal crisis, both in legal education and in global society, what does that mean for the rest of us? In this book, thirty leading international scholars - including Louis Assier-Andrieu, Marianne Constable, Yves Dezalay, Denise Ferreira da Silva, Bryant Garth, Peter Goodrich, Duncan Kennedy, Martti Koskenniemi, Shaun McVeigh, Samuel Moyn, Annelise Riles, Charles Sabel and William Simon - examine what is distinctive about legal thought. They probe the relation between law and time, law and culture, and legal thought and legal action; the nature of current legal thought; the geography of legal thought; and the conditions for recognition of a new 'contemporary' style of law. This work will help theorists, social scientists, historians and students understand the intellectual context of legal problems, legal doctrine, and jurisprudential trends in the current conjuncture.
Searching for New Welfare Models: Citizens' Opinions on the Past, Present and Future of the Welfare State
by Dennis Anderson Barbara Czarniawska Rolf Solli Peter DemediukThis book explores the ways in which different generations think about how the welfare state is organised at present, and how it will be organised in future. Using the results of a study from Canada, Australia and Sweden, the book’s findings complement more traditional studies of the welfare sector, capturing the anxieties of citizens about the present and future of their countries’ welfare models, and presenting their thoughts on how the system can be re-organised in future. Positioning their three-country study within the history of the welfare state around the world, the authors seek to re-assess the role of the welfare state in governments around the world. Their findings will be of interest to those studying welfare policy as well as innovations such as basic income, e-health and policy responses to automisation.
Searching for Subversives: The Story of Italian Internment in Wartime America
by Mary Elizabeth ChopasWhen the United States entered World War II, Italian nationals living in this country were declared enemy aliens and faced with legal restrictions. Several thousand aliens and a few U.S. citizens were arrested and underwent flawed hearings, and hundreds were interned. Shedding new light on an injustice often overshadowed by the mass confinement of Japanese Americans, Mary Elizabeth Basile Chopas traces how government and military leaders constructed wartime policies affecting Italian residents. Based on new archival research into the alien enemy hearings, this in-depth legal analysis illuminates a process not widely understood. From presumptive guilt in the arrest and internment based on membership in social and political organizations, to hurdles in attaining American citizenship, Chopas uncovers many layers of repression not heretofore revealed in scholarship about the World War II home front.In telling the stories of former internees and persons excluded from military zones as they attempted to resume their lives after the war, Chopas demonstrates the lasting social and cultural effects of government policies on the Italian American community, and addresses the modern problem of identifying threats in a largely loyal and peaceful population.
Searching for the State in British Legal Thought: Competing Conceptions of the Public Sphere
by Janet McleanJanet McLean explores how the common law has personified the state and how those personifications affect and reflect the state's relationship to bureaucracy, sovereignty and civil society, the development of public law norms, the expansion and contraction of the public sphere with nationalization and privatization, state responsibility and human rights. Treating legal thought as a variety of political thought, she discusses writers such as Austin, Maitland, Dicey, Laski, Robson, Hart, Griffith, Mitchell and Hayek in the context of both legal doctrine and broader intellectual movements.
Searching for W.P.M. Kennedy: The Biography of an Enigma
by Martin L. FriedlandBorn in Ireland in 1879, W.P.M. Kennedy was a distinguished Canadian academic and the leading Canadian constitutional law scholar for much of the twentieth century. Despite his trailblazing career and intriguing personal life, Kennedy’s story is largely a mystery. Weaving together a number of key events, Martin L. Friedland’s lively biography discusses Kennedy’s contributions as a legal and interdisciplinary scholar, his work at the University of Toronto where he founded the Faculty of Law, as well as his personal life, detailing stories about his family and important friends, such as Prime Minister Mackenzie King. Kennedy earned a reputation in some circles for being something of a scoundrel, and Friedland does not shy away from addressing Kennedy’s exaggerated involvement in drafting the Irish constitution, his relationships with female students, and his quest for recognition. Throughout the biography, Friedland interjects with his own personal narratives surrounding his interactions with the Kennedy family, and how he came to acquire the private letters noted in the book. The result is a readable, accessible biography of an important figure in the history of Canadian intellectual life.
Season of Blood: A Rwandan Journey
by Fergal KeaneIn his powerful account of the Rwandan genocide, Fergal Keane rejects the widely held perception that the slaughter was the simple consequence of tribal antagonisms, and instead blames unscrupulous politicians for fomenting ethnic rivalry.
Sebald's Vision (Literature Now)
by Carol JacobsW. G. Sebald's writing has been widely recognized for its intense, nuanced engagement with the Holocaust, the Allied bombing of Germany in WWII, and other episodes of violence throughout history. Through his inventive use of narrative form and juxtaposition of image and text, Sebald's work has offered readers new ways to think about remembering and representing trauma.In Sebald's Vision, Carol Jacobs examines the author's prose, novels, and poems, illuminating the ethical and aesthetic questions that shaped his remarkable oeuvre. Through the trope of "vision," Jacobs explores aspects of Sebald's writing and the way the author's indirect depiction of events highlights the ethical imperative of representing history while at the same time calling into question the possibility of such representation. Jacobs's lucid readings of Sebald's work also consider his famous juxtaposition of images and use of citations to explain his interest in the vagaries of perception. Isolating different ideas of vision in some of his most noted works, including Rings of Saturn, Austerlitz, and After Nature, as well as in Sebald's interviews, poetry, art criticism, and his lecture Air War and Literature, Jacobs introduces new perspectives for understanding the distinctiveness of Sebald's work and its profound moral implications.
Secession and Statehood: Lessons from Spain and Catalonia (Routledge Research in International Law)
by Ana Gemma López Martín José Antonio UncetaThis book analyses the complex phenomenon of secession as a form of creation of States from the perspective of international law. As opposed to other approaches based on the analysis of the political foundation of the secessionist processes or on the construction of a legal basis that justifies the existing practice, the aim is to provide an explanation of secession as a practice covered neither by the legal regime of the United Nations for the self-determination of colonial peoples nor by the regulations and guidelines relating to the human rights of minorities and indigenous populations, both in the UN and in regional organisations (Organization of American States, Council of Europe or African Union). It is stated that secession is a practice that does not comply with international peremptory norms – such as those that prohibit going against the territorial integrity of the States, the use of force or intervention in the internal affairs of other States. Even being aware of the inevitable consequences of the effective creation of States and other de facto entities on trade relations, communications and the rights of individuals, among other matters, secession is a practice that should lead to an obligation of nonrecognition by States and by international organisations. As an example of this practice, the secessionist process in Catalonia since 2014 is explained and studied.
The Second Amendment: A Biography
by Michael Waldman<P>By the president of the prestigious Brennan Center for Justice at NYU School of Law, the life story of the most controversial, volatile, misunderstood provision of the Bill of Rights. <P>At a time of renewed debate over guns in America, what does the Second Amendment mean? This book looks at history to provide some surprising, illuminating answers. <P>The Amendment was written to calm public fear that the new national government would crush the state militias made up of all (white) adult men--who were required to own a gun to serve. Waldman recounts the raucous public debate that has surrounded the amendment from its inception to the present. As the country spread to the Western frontier, violence spread too. But through it all, gun control was abundant. <P>In the 20th century, with Prohibition and gangsterism, the first federal control laws were passed. In all four separate times the Supreme Court ruled against a constitutional right to own a gun.The present debate picked up in the 1970s--part of a backlash to the liberal 1960s and a resurgence of libertarianism. A newly radicalized NRA entered the campaign to oppose gun control and elevate the status of an obscure constitutional provision. In 2008, in a case that reached the Court after a focused drive by conservative lawyers, the US Supreme Court ruled for the first time that the Constitution protects an individual right to gun ownership. Famous for his theory of "originalism," Justice Antonin Scalia twisted it in this instance to base his argument on contemporary conditions. <P>In The Second Amendment: A Biography, Michael Waldman shows that our view of the amendment is set, at each stage, not by a pristine constitutional text, but by the push and pull, the rough and tumble of political advocacy and public agitation.
The Second Amendment and Gun Control: Freedom, Fear, and the American Constitution (Controversies in American Constitutional Law)
by Kevin Yuill Joe StreetThe Second Amendment, by far the most controversial amendment to the US Constitution, will soon celebrate its 225th anniversary. Yet, despite the amount of ink spilled over this controversy, the debate continues on into the 21st century. Initially written with a view towards protecting the nascent nation from more powerful enemies and preventing the tyranny experienced during the final years of British rule, the Second Amendment has since become central to discussions about the balance between security and freedom. It features in election contests and informs cultural discussions about race and gender. This book seeks to broaden the discussion. It situates discussion about gun controls within contemporary debates about citizenship, culture, philosophy and foreign policy as well as in the more familiar terrain of politics and history. It features experts on the Constitution as well as chapters discussing the symbolic importance of Annie Oakley, the role of firearms in race, and filmic representations of armed Hispanic girl gangs. It asks about the morality of gun controls and of not imposing them. The collection presents a balanced view between those who favour more gun controls and those who would prefer fewer of them. It is infused with the belief that through honest and open debate the often bitter cultural divide on the Second Amendment can be overcome and real progress made. It contains a diverse range of perspectives including, uniquely, a European perspective on this most American of issues.
The Second Amendment on Trial: Critical Essays on District of Columbia v. Heller
by Saul Cornell Nathan KozuskanichOn the final day of its 2008 term, a sharply divided U.S. Supreme Court issued a 5-to-4 decision striking down the District of Columbia's stringent gun control laws as a violation of the Second Amendment. Reversing almost seventy years of settled precedent, the high court reinterpreted the meaning of the "right of the people to keep and bear arms" to affirm an individual right to own a gun in the home for purposes of self-defense. The landmark ruling not only opened a new chapter in the contentious history of gun rights and gun control but also revealed both the strengths and problems of originalist constitutional theory and jurisprudence. This volume brings together some of the best scholarship on the Heller case, with essays by legal scholars and historians representing a range of ideological viewpoints and applying different interpretive frameworks. Following the editors' introduction, which describes the issues involved and the arguments on each side, the essays are organized into four sections. The first includes two of the most important historical briefs filed in the case, while the second offers different views of the role of originalist theory. Section three presents opposing interpretations of the ruling and its relationship to modern constitutional doctrine. The final section explores historical research post-Heller, including new findings on patterns of gun ownership in colonial and Revolutionary America. In addition to the editors, contributors include Nelson Lund, Joyce Lee Malcolm, Jack Rakove, Reva B. Siegel, Cass R. Sunstein, Kevin M. Sweeney, and J. Harvie Wilkinson III.
The Second Amendment Primer: A Citizen's Guidebook to the History, Sources, and Authorities for the Constitutional Guarantee of the Right to Keep and Bear Arms
by Les AdamsSo much of the debate about the Second Amendment is in scholarly journals and academic papers written by scholars and judges, or directed towards other scholars, law professors, attorneys, and judges. Trying to wade through the extensive footnotes and references to legal cases and historical precedents known only to the academic elite is more than enough to make anyone feel hopeless.With The Second Amendment Primer, Les Adams finally provides an accessible discussion of the Second Amendment. It is a "primer" because it is elementary. Chronologically arranged, it traces the development of the right to keep and bear arms from its birth in ancient Greece to its addition in the U.S. Constitution. Supplemental essays discuss the Second Amendment's interpretation in today's world from the viewpoints of both firearms enthusiasts as well as those who would limit the amendment's purview.Although The Second Amendment Primer is aimed at the average reader, Adams's facts are detailed and well-documented. Reference margin notes, an extensive bibliography, and a comprehensive subject index showcase the author's research and show more curious readers how to continue on their path to understanding exactly what the Second Amendment is saying. Using this "citizen's guide" as a stepping stone, anyone can become a successful scholar of the right to bear arms.
Second-Best Justice: The Virtues of Japanese Private Law
by J. Mark RamseyerIt’s long been known that Japanese file fewer lawsuits per capita than Americans do. Yet explanations for the difference have tended to be partial and unconvincing, ranging from circular arguments about Japanese culture to suggestions that the slow-moving Japanese court system acts as a deterrent. With Second-Best Justice, J. Mark Ramseyer offers a more compelling, better-grounded explanation: the low rate of lawsuits in Japan results not from distrust of a dysfunctional system but from trust in a system that works—that sorts and resolves disputes in such an overwhelmingly predictable pattern that opposing parties rarely find it worthwhile to push their dispute to trial. Using evidence from tort claims across many domains, Ramseyer reveals a court system designed not to find perfect justice, but to “make do”—to adopt strategies that are mostly right and that thereby resolve disputes quickly and economically. An eye-opening study of comparative law, Second-Best Justice will force a wholesale rethinking of the differences among alternative legal systems and their broader consequences for social welfare.
The Second Chair
by John LescroartIn the latest of his acclaimed novels featuring Dismas Hardy, John Lescroart skillfully and subtly weaves together a story of a privileged youth on trial for murder, and an entire city on the brink of panic, taking this popular series to new heights of stylish suspense.
The Second Chair: A courtroom thriller (Dismas Hardy #No. 10)
by John LescroartSan Francisco is a city on the brink of panic...John Lescroart skilfully and subtly weaves together a story of a privileged youth on trial for murder, and an entire city on the brink of panic, taking this popular series to new heights of stylish suspense. Perfect for fans of Lee Child and John Sandford. 'Lescroart plays out clues with the patience and cunning of a master fly fisherman' - Orlando SentinelTo the outside world, it looks like Dismas Hardy is finally on top. A managing partner at his thriving law firm but beneath the surface bravado, Hardy has lost his faith in the law. Now he has a high-profile and challenging case: a seventeen-year-old arrested for the double slaying of his girlfriend and his English teacher. As the case moves swiftly to trial, Hardy can't even turn to his old friend Abe Glitsky for help. San Francisco has been seized by a wave of violence and an embattled Glitsky must somehow stop the criminal upsurge while being hounded by a hostile media. With the city on the verge of panic, Hardy's search for the truth takes him down a perilous path. With very little belief in his young client's innocence, and even less in the legal system, Hardy has to conquer his own demons if he is to clear his client... and save himself.What readers are saying about The Second Chair:'Once again, Lescroart proves he is the master of this genre''The Second Chair is second to none''John Lescroart weaves a tangled web of suspense back and forth with thick intensity'
A Second Chance for Europe: Economic, Political and Legal Perspectives of the European Union
by Jo RitzenThis book calls upon us to rethink and reboot the European Union. The authors dissect the EU's many vulnerabilities: how some Member States are backsliding on the rule of law, freedom of the press, and control of corruption - and how globalization's 'discontents' are threatening the liberal international order. It examines the need for a common immigration policy; the need to rethink the unsustainable debt overhang of some Eurozone countries; and the need to use education to foster a European identity. Given the sum total of these vulnerabilities, the book argues, the EU may not survive beyond 2025 in its present form - that is, unless decisive action is taken. In turn, the book puts forward a number of workable solutions: a European economic model to secure full employment; a stronger European Court of Human Rights to counter systemic violations; a points-based immigration policy; clear exit options for the Eurozone; and an Open Education Area with a common second language. These solutions may reduce the number of EU countries, but would increase cohesion and overall survivability.
A Second Collection
by Bernard Lonergan Robert M. Doran SJ John DadoskyFor the edition of A Second Collection prepared for the Collected Works of Bernard Lonergan, editors Robert M. Doran and John D. Dadosky have added archival materials directly related to almost every one of the papers, bringing the reader closer to the original compositions. The papers date from 1966 to 1973, and span the most creative period in Lonergan's development. Two major themes run through these papers: the primacy of the fourth, existential level of human consciousness, and the significance of historical mindedness with all its implications for culture, hermeneutics, and phenomenological thinking. The theme of conversion makes a grand entrance in 'Theology in Its New Context,' a paper that charted the course for the unfolding of Method in Theology. This new edition makes extensive use of original manuscripts, variants in drafts of the essays, and hand-written corrections.
A Second Collection
by William F.J. Ryan Bernard J. Tyrrell Bernard LonerganThis collection of essays, addresses, and one interview come from the years 1966-73, a period during most of which Bernard Lonergan was at work completing his Method in Theology. The eighteen chapters cover a wide spectrum of interest, dealing with such general topics as 'The Absence of God in Modern Culture' and 'The Future of Christianity,' narrowing down through items such as 'Belief: Today's Issue' and more specialized theological and philosophical studies, to one on his own community in the church ('The Response of the Jesuit ...') and the illuminating comment on his great work Insight ('Insight Revisited').This book is a reprint of the first edition published in 1974, edited by William F.J. Ryan and Bernard J. Tyrrell of Gonzaga University, Spokane. The editors contribute an important introduction in which they emphasize that Lonergan's central concern is intentionality analysis, and that two major themes run through the papers: first, the clear emergence of the primacy of the fourth level of human consciousness, the existential level, the level of evaluation and love; secondly, the significance of historical consciousness. These papers, then, besides the unity they possess by appearing within the same seven year period, share a specific unity of theme.Bernard Lonergan (1904-1984), a professor of theology, taught at Regis College, Harvard University, and Boston College. An established author known for his Insight and Method in Theology, Lonergan received numerous honorary doctorates, was a Companion of the Order of Canada in 1971 and was named as an original members of the International Theological Commission by Pope Paul VI.
The Second Creation: Fixing the American Constitution in the Founding Era
by Jonathan GienappAmericans widely believe that the U.S. Constitution was almost wholly created when it was drafted in 1787 and ratified in 1788. Jonathan Gienapp recovers the unknown story of the Constitution’s second creation in the decade after its adoption—a story with explosive implications for current debates over constitutional originalism and interpretation.
The Second Formation of Islamic Law
by Guy BurakThe Second Formation of Islamic Law is the first book to deal with the rise of an official school of law in the post-Mongol period. The author explores how the Ottoman dynasty shaped the structure and doctrine of a particular branch within the Hanafi school of law. In addition, the book examines the opposition of various jurists, mostly from the empire's Arab provinces, to this development. By looking at the emergence of the concept of an official school of law, the book seeks to call into question the grand narratives of Islamic legal history that tend to see the nineteenth century as the major rupture. Instead, an argument is formed that some of the supposedly nineteenth-century developments, such as the codification of Islamic law, are rooted in much earlier centuries. In so doing, the book offers a new periodization of Islamic legal history in the eastern Islamic lands.
The Second Founding: An Introduction to the Fourteenth Amendment
by Ilan WurmanIn The Second Founding: An Introduction to the Fourteenth Amendment, Ilan Wurman provides an illuminating introduction to the original meaning of the Fourteenth Amendment's famous provisions 'due process of law,' 'equal protection of the laws,' and the 'privileges' or 'immunities' of citizenship. He begins by exploring the antebellum legal meanings of these concepts, starting from Magna Carta, the Statutes of Edward III, and the Petition of Right to William Blackstone and antebellum state court cases. The book then traces how these concepts solved historical problems confronting framers of the Fourteenth Amendment, including the comity rights of free blacks, private violence and the denial of the protection of the laws, and the notorious abridgment of freedmen's rights in the Black Codes. Wurman makes a compelling case that, if the modern originalist Supreme Court interpreted the Amendment in 'the language of the law,' it would lead to surprising and desirable results today.