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A New Introduction to Jurisprudence: Legality, Legitimacy and the Foundations of the Law
by Paul Cliteur Afshin EllianA New Introduction to Jurisprudence takes one of the central problems of law and jurisprudence as its point of departure: what is the law? Adopting an intermediate position between legal positivism and natural law, this book reflects on the concept of ‘liberal democracy’ or ‘constitutional democracy’. In five chapters the book analyses: (i) the idea of higher law, (ii) liberal democracy as a legitimate model for the state, (iii) the separation of church and state or secularism as essential for the democratic state, (iv) the universality of higher law principles, (v) the history of modern political thought. This interdisciplinary approach to jurisprudence is relevant for legal scholars, philosophers, political theorists, public intellectuals, historians, and politicians.
A New Introduction to Legal Method
by Paul Cliteur Afshin EllianA New Introduction to Legal Method provides a comprehensive overview of legal science and the scientific character of legal knowledge. In five chapters, the book analyses and explores: (i) legal methodology in general, the main features of different schools of thought, and the nature of science in general; (ii) American realism, which offers an ideal starting point for law students to reflect on the material they are about to study critically; (iii) rationalism, empiricism, and logical positivism, in particular the work of Karl Popper; (iv) criticisms of essentialism; (v) the ideological and philosophical background of contemporary liberal interpretation. The inclusion of Dutch, French, and German literature sources makes this law title differ from previous writings on legal science. This textbook is ideal for students of legal method, and will be of great interest to those studying legal science, jurisprudence, legal research,and legal skills.
A New Juvenile Justice System: Total Reform for a Broken System (Families, Law, and Society #6)
by Charles J. Ogletree Jr. Nancy E. DowdA New Juvenile Justice System aims at nothing less than a complete reform of the existing system: not minor change or even significant overhaul, but the replacement of the existing system with a different vision. The authors in this volume--academics, activists, researchers, and those who serve in the existing system--all respond in this collection to the question of what the system should be. Uniformly, they agree that an ideal system should be centered around the principle of child well-being and the goal of helping kids to achieve productive lives as citizens and members of their communities. Rather than the existing system, with its punitive, destructive, undermining effect and uneven application by race and gender, these authors envision a system responsive to the needs of youth as well as to the community's legitimate need for public safety. How, they ask, can the ideals of equality, freedom, liberty, and self-determination transform the system? How can we improve the odds that children who have been labeled as "delinquent" can make successful transitions to adulthood? And how can we create a system that relies on proven, family-focused interventions and creates opportunities for positive youth development? Drawing upon interdisciplinary work as well as on-the-ground programs and experience, the authors sketch out the broad parameters of such a system. Providing the principles, goals, and concrete means to achieve them, this volume imagines using our resources wisely and well to invest in all children and their potential to contribute and thrive in our society.
A New Leaf: The End of Cannabis Prohibition
by Nushin Rashidian Alyson MartinTwo award-winning journalists offer a &“cogent, well-sourced and ambitious analysis of the slow decline of cannabis prohibition in the United States&” (Kirkus Reviews). In November 2012, voters in Colorado and Washington passed landmark measures to legalize the production and sale of cannabis for social use—a first in the United States and the world. Once vilified as a &“gateway drug,&” cannabis is now legal for medical use in eighteen states and Washington, DC. Yet the federal government refuses to acknowledge these broader societal shifts. 49.5 percent of all drug-related arrests involve the sale, manufacture, or possession of cannabis. In the first book to explore the new landscape of cannabis in the United States, investigative journalists Alyson Martin and Nushin Rashidian demonstrate how recent cultural and legal developments tie into cannabis&’s complex history and thorny politics. Reporting from nearly every state with a medical cannabis law, Martin and Rashidian interview patients, growers, doctors, entrepreneurs, politicians, activists, and regulators. A New Leaf moves from the federal cannabis farm at the University of Mississippi to the headquarters of the ACLU to Oregon&’s World Famous Cannabis Café. The result is a lucid account of how cannabis legalization is changing the lives of millions of Americans and easing the burden of the &“war on drugs&” both domestically and internationally.
A New Meaning-Mission Fit: Aligning Life and Work in Business (Future of Business and Finance)
by Michelle French-HollowayThis book offers a clear process for managers, professionals, and future leaders to help discover their personal meaning in life and apply it to their work. The author uses research outcomes and theories to refute the contemporary philosophy that stresses following an individual’s passion alone when choosing a particular job or career. Instead, she recommends employing a personal meaning-oriented approach to life and work, and then becoming passionate about one’s work organically.The book also highlights the positive outcomes to organizations and societies when individuals engage with finding meaning in work, focusing on physical and emotional health and satisfaction. The author provides numerous examples of leaders who have aligned their personal meaning and organizational mission, also known as “meaning-mission fit,” and the relationship of this alignment to their emotional well-being. Together, the research, theory, and evidence in this book equip leaders and managers with an inspiring model to find their own meaning-mission fit, as well as create opportunities for the employees to do the same.
A New Model for Housing Finance: Public and Private Sectors Working Together to Build Affordability
by Murtaza BaxamusaA New Model for Housing Finance presents a thought-provoking solution to the housing crisis that follows the division of public and private money on housing costs and benefits. It brings a practical perspective on why housing is unaffordable, and what can be done about it using public and private capital. This book re-examines the foundation of housing finance in the United States with the aim to shift the paradigm from the public and private sectors working in silos, to working together. Through brief yet rigorous chapters, the book assesses the policy failures of both public and private sectors by drawing attention to the continuing human impacts of this man-made crisis, finally calling for a new model of financing housing through public–private partnerships. The limited impact and false hope of planning interventions, as well as the widespread economic impacts of the global pandemic of 2020, demonstrate the urgent need for change in our approach to housing policy, and this book lays out a path forward. It will be of interest to anyone working in or studying housing, social justice, urban planning, urban studies, and public policy.
A New Perspective on Human Mobility in the South (Global Migration Issues #3)
by Rudolf Anich Jonathan Crush Susanne Melde John O. OuchoThis book offers innovative insights on South-South human mobility. It features a collection of papers that highlight often overlooked mobility patterns among and within regions in the global South as well as address critical realities faced by South-South migrants. This publication thoroughly investigates key issues of the migration debate, spanning from the terminological and contextual meaning of migration and development. It also critically examines some of the key features that human mobility in the global South is characterized by, including the prevalence of intra-regional and labor mobility, the role of diasporas communities in developing countries, South-South remittances patterns, the influence of environmental factors on the decision to migrate and the rising number of child migrants. By carefully moving the lens from the frequently examined South-North and North-North movements to human mobility within the Southern regions of the world, this book questions the traditional conception of the migration paradigm. It offers knowledge and insights that will help to expand the debate as well as stimulate further research on this important topic and, hopefully, promote future activities aimed at the protection of migrants and their families living in the South. As a result, it is an ideal resource for migration scholars, policy-makers and development practitioners.
A New Psychology for Sustainability Leadership: The Hidden Power of Ecological Worldviews
by Steve ScheinDuring the last decade, the sustainability position in multinational corporations has grown in influence. Much literature has explored how corporations can play an important role in solving the environmental challenges facing the planet. However, until now, there has been little research on sustainability leadership at the individual level. In this book, Schein explores the deeper psychological motivations of sustainability leaders. He shows how these motivations relate to overall effectiveness and capacity to lead transformational change and he explores the ways in which the complexity of sustainability is driving new approaches to leadership.Drawing on interviews with 75 leaders from over 40 multinational corporations and NGOs, Schein explores how ecological worldviews are developed and expressed in global sustainability practice. By applying key theories from developmental psychology, integral ecology and eco-psychology to sustainability practice, Schein encourages us to think about leadership in a different way. A New Psychology for Sustainability Leadership will be of interest to an interdisciplinary audience of social scientists, educators, corporate executives, and social entrepreneurs. The insights from this book can be usefully integrated into leadership curriculum and development programs to help the next generation of leaders respond to global challenges.
A New Social Ontology of Government: Consent, Coordination, and Authority (Foundations of Government and Public Administration)
by Daniel LittleThis book provides a better understanding of some of the central puzzles of empirical political science: how does “government” express will and purpose? How do political institutions come to have effective causal powers in the administration of policy and regulation? What accounts for both plasticity and perseverance of political institutions and practices? And how are we to formulate a better understanding of the persistence of dysfunctions in government and public administration – failures to achieve public goods, the persistence of self-dealing behavior by the actors of the state, and the apparent ubiquity of corruption even within otherwise high-functioning governments?
A New Stoicism
by Lawrence C. BeckerWhat would stoic ethics be like today if stoicism had survived as a systematic approach to ethical theory, if it had coped successfully with the challenges of modern philosophy and experimental science? A New Stoicism proposes an answer to that question, offered from within the stoic tradition but without the metaphysical and psychological assumptions that modern philosophy and science have abandoned. Lawrence Becker argues that a secular version of the stoic ethical project, based on contemporary cosmology and developmental psychology, provides the basis for a sophisticated form of ethical naturalism, in which virtually all the hard doctrines of the ancient Stoics can be clearly restated and defended. Becker argues, in keeping with the ancients, that virtue is one thing, not many; that it, and not happiness, is the proper end of all activity; that it alone is good, all other things being merely rank-ordered relative to each other for the sake of the good; and that virtue is sufficient for happiness. Moreover, he rejects the popular caricature of the stoic as a grave figure, emotionally detached and capable mainly of endurance, resignation, and coping with pain. To the contrary, he holds that while stoic sages are able to endure the extremes of human suffering, they do not have to sacrifice joy to have that ability, and he seeks to turn our attention from the familiar, therapeutic part of stoic moral training to a reconsideration of its theoretical foundations.
A New Study on the Judicial Administrative System with Chinese Characteristics
by Xianyang Lu Yong'an RenThis book offers a comprehensive introduction to China’s judicial administration system. It presents in-depth analyses of the country’s current judicial administration system, as well as a new theory on the system that is based on the realities of today’s China, and provides guidance on reform. The book examines the system as a whole, as well as various specific aspects of judicial administration, putting forward bold theoretical proposals for improving China’s judicial administration system and judicial system in general.
A New Sublime: Ten Timeless Lessons on the Classics
by Piero BoitaniIn a book &“as bewitching and entertaining as a novel&” a renowned Italian literary critic &“uncovers the unexpected, extraordinary modernity of the classics&” (Piero Dorfles). In A New Sublime, literary critic Piero Boitani reveals the timeless beauty and wisdom of ancient literature, highlighting its profound and surprising connections to the present. Ranging from Homer to Tacitus, with Thucydides, Aristotle, Sophocles, Cicero, and many others in between, Boitani&’s fresh and inspiring insights remind us of the enduring importance and beauty of the classics of the Western canon. Boitani explores what the classics have to say about the mutability and fluidity of identity and matter, the power and position of women in society. He also looks closely at their depictions of force and subjugation, fate and free will, the ethical life, hospitality, love, compassion, and mysticism. Through it all, he shows how the classics can play active roles in our contemporary lives.
A New Theory of Conscientious Objection in Medicine: Justification and Reasonability (Routledge Annals of Bioethics)
by Robert F. CardThis book argues that a conscientiously objecting medical professional should receive an exemption only if the grounds of an objector’s refusal are reasonable. It defends a detailed, contextual account of public reasonability suited for healthcare, which builds from the overarching concept of Rawlsian public reason. The author analyzes the main competing positions and maintains that these other views fail precisely due to their systematic inattention to the grounding reasons behind a conscientious objection; he argues that any such view is plausible to the extent that it mimics the ‘reason-giving requirement’ for conscience objections defended in this work. Only reasonable objections can defeat the prior professional obligation to assign primacy to patient well-being, therefore one who refuses a patient’s request for a legally available, medically indicated, and safe service must be able to explain the grounds of their objection in terms understandable to other citizens within the public institutional structure of medicine. The book further offers a novel policy proposal to deploy the Reasonability View: establishing conscientious objector status in medicine. It concludes that the Reasonability View is a viable and attractive position in this debate. A New Theory of Conscientious Objection in Medicine: Justification and Reasonability will be of interest to researchers and advanced students working in bioethics, medical ethics, and philosophy of medicine, as well as thinkers interested in the intersections between law, medical humanities, and philosophy.
A New Type of Womanhood: Discursive Politics and Social Change in Antebellum America
by Natasha Kirsten KrausIn A New Type of Womanhood, Natasha Kirsten Kraus retells the history of the 1850s woman's rights movement. She traces how the movement changed society's very conception of "womanhood" in its successful bid for economic rights and rights of contract for married women. Kraus demonstrates that this discursive change was a necessary condition of possibility for U. S. women to be popularly conceived as civil subjects within a Western democracy, and she shows that many rights, including suffrage, followed from the basic right to form legal contracts. She analyzes this new conception of women as legitimate economic actors in relation to antebellum economic and demographic changes as well as changes in the legal structure and social meanings of contract. Enabling Kraus's retelling of the 1850s woman's rights movement is her theory of "structural aporias," which takes the institutional structures of any particular society as fully imbricated with the force of language. Kraus reads the antebellum relations of womanhood, contract, property, the economy, and the nation as a fruitful site for analysis of the interconnected power of language, culture, and the law. She combines poststructural theory, particularly deconstructive approaches to discourse analysis; the political economic history of the antebellum era; and the interpretation of archival documents, including woman's rights speeches, petitions, pamphlets, and convention proceedings, as well as state legislative debates, reports, and constitutional convention proceedings. Arguing that her method provides critical insight not only into social movements and cultural changes of the past but also of the present and future, Kraus concludes A New Type of Womanhood by considering the implications of her theory for contemporary feminist and queer politics.
A Pandemic of Populists
by Wojciech SadurskiOver the last decade, the world has watched in shock as populists swept to power in free elections. From Manila to Warsaw, Brasilia to Budapest, the populist tide has shattered illusions of an inexorable march to liberal democracy. Eschewing simplistic notions of a unified global populism, this book unpacks the diversity and plurality of populisms. It highlights the variety of constitutional and extraconstitutional strategies that populists have used to undermine the institutional fabric of liberal democracy and investigates how ruling populists responded to the Covid-19 crisis. Outlining the rise of populisms and their governing styles, Wojciech Sadurski focuses on what populists in power do, rather than what they say. Confronting one of the most pressing concerns of international politics, this book offers a vibrant, contemporary account of modern populisms and, significantly, considers what we can do to fight back.
A Parent-Partner Status for American Family Law
by Weiner, Merle H. and Knight, Philip H. Merle H. Weiner Philip H. KnightDespite the fact that becoming a parent is a pivotal event, the birth or adoption of a child has little significance for parents' legal relationship to each other. Instead, the law relies upon marriage, domestic partnerships, and contracts to set the parameters of parents' legal relationship. With over forty percent of American children born to unwed mothers and consistently high rates of divorce, this book argues that the law's current approach to regulating parental relationships is outdated. A new legal and social structure is needed to guide parents so they act as supportive partners and to deter uncommitted couples from having children. This book is the first of its kind to propose a new 'parent-partner' status within family law. Included are a detailed discussion of the benefits of the status as well as specific recommendations for legal obligations.
A Passion for Justice: How 'Vinegar Jim' McRuer Became Canada's Greatest Law Reformer
by J. Patrick BoyerThis richly detailed biography illustrates how a determined Canadian seeking justice created an enduring legacy. Through vigorous battles, Jim McRuer’s passion for justice was translated into laws that daily touch and protect the lives of millions today. James Chalmers McRuer was not easy to get along with or even much liked by many lawyers who dubbed him ’Vinegar Jim.’ Yet countless others saw him as heroic, inspirational, a man above and apart from his times. His resolute focus on justice changed the lives of married women with no property rights, children without legal protection, aboriginals caught in the whipsaw of traditional hunting practices and imposed game laws, and prisoners locked away and forgotten. Environmental degradation and those causing it, murderers, stock fraud artists and Cold War spies all came within the ambit of J. C. McRuer’s sharp legal mind and passion for justice. Upon turning 75, McRuer embarked on his most important work of all, becoming Canada’s greatest law reformer and remaining active into his 90s.
A Patent Lie (Michael Seeley Mystery #2)
by Paul GoldsteinA gripping inside look at high-stakes lawyering, A Patent Lie is further evidence that Paul Goldstein is an emerging master of the legal thriller. After being forced from his high-powered Manhattan law firm, Michael Seeley--the tough-but-wounded hero of Errors and Omissions--has set up shop in his native Buffalo. Partly out of need, partly out of pride, Seeley takes on a case for his estranged brother, whose small biotech firm is suing a Swiss pharmaceutical giant over a controversial new AIDS vaccine.
A Pattern of Violence: How the Law Classifies Crimes and What It Means for Justice
by David Alan SklanskyA law professor and former prosecutor reveals how inconsistent ideas about violence, enshrined in law, are at the root of the problems that plague our entire criminal justice system—from mass incarceration to police brutality. We take for granted that some crimes are violent and others aren’t. But how do we decide what counts as a violent act? David Alan Sklansky argues that legal notions about violence—its definition, causes, and moral significance—are functions of political choices, not eternal truths. And these choices are central to failures of our criminal justice system. The common distinction between violent and nonviolent acts, for example, played virtually no role in criminal law before the latter half of the twentieth century. Yet to this day, with more crimes than ever called “violent,” this distinction determines how we judge the seriousness of an offense, as well as the perpetrator’s debt and danger to society. Similarly, criminal law today treats violence as a pathology of individual character. But in other areas of law, including the procedural law that covers police conduct, the situational context of violence carries more weight. The result of these inconsistencies, and of society’s unique fear of violence since the 1960s, has been an application of law that reinforces inequities of race and class, undermining law’s legitimacy. A Pattern of Violence shows that novel legal philosophies of violence have motivated mass incarceration, blunted efforts to hold police accountable, constrained responses to sexual assault and domestic abuse, pushed juvenile offenders into adult prisons, encouraged toleration of prison violence, and limited responses to mass shootings. Reforming legal notions of violence is therefore an essential step toward justice.
A Penny for Your Thoughts (The Million Dollar Mysteries, #1)
by Mindy Starns ClarkBusiness investigator Callie Webber finds herself looking into the sudden death of an old family friend of her employer.
A People Betrayed: A History Of Corruption, Political Incompetence And Social Division In Modern Spain
by Paul PrestonNowhere does the ceaseless struggle to maintain democracy in the face of political corruption come more alive than in Paul Preston’s magisterial history of modern Spain. The culmination of a half-century of historical investigation, A People Betrayed is not only a definitive history of modern Spain but also a compelling narrative that becomes a lens for understanding the challenges that virtually all democracies have faced in the modern world. Whereas so many twentieth-century Spanish histories begin with Franco and the devastating Civil War, Paul Preston’s magisterial work begins in the late nineteenth century with Spain’s collapse as a global power, especially reflected in its humiliating defeat in 1898 at the hands of the United States and its loss of colonial territory. This loss hung over Spain in the early years of the twentieth century, its agrarian economic base standing in stark contrast to the emergence of England, Germany, and France as industrial powers. Looking back to the years prior to 1923, Preston demonstrates how electoral corruption infiltrated almost every sector of Spanish life, thus excluding the masses from organized politics and giving them a bitter choice between apathetic acceptance of a decrepit government or violent revolution. So ineffective was the Republic—which had been launched in 1873—that it paved the way for a military coup and dictatorship, led by Miguel Primo de Rivera in 1923, exacerbating widespread profiteering and fraud. When Rivera was forced to resign in 1930, his fall brought forth a succession of feeble governments, stoking rancorous tensions that culminated in the tragic Spanish Civil War. With astonishing detail, Preston describes the ravages that rent Spain in half between 1936 and 1939. Tracing the frightening rise of Francisco Franco, Preston recounts how Franco grew into Spain’s most powerful military leader during the Civil War and how, after the war, he became a fascistic dictator who not only terrorized the Spanish population through systematic oppression and murder but also enriched corrupt officials who profited from severe economic plunder of Spain’s working class. The dictatorship lasted through World War II—during which Spain sided with Mussolini and Hitler—and only ended decades later, in 1975, when Franco’s death was followed by a painful yet bloodless transition to republican democracy. Yet, as Preston reveals, corruption and political incompetence continued to have a corrosive effect on social cohesion into the twenty-first century, as economic crises, Catalan independence struggles, and financial scandals persist in dividing the country. Filled with vivid portraits of politicians and army officers, revolutionaries and reformers, and written in the “absorbing” (Economist) style for which Preston is so revered, A People Betrayed is the first historical work to examine the continuities of political unrest and national anxiety in Spain up until the present, providing a chilling reminder of just how fragile democracy remains in the twenty-first century.
A People's Constitution: The Everyday Life of Law In The Indian Republic (Histories of Economic Life #7)
by Rohit DeIt has long been contended that the Indian Constitution of 1950, a document in English created by elite consensus, has had little influence on India’s greater population. Drawing upon the previously unexplored records of the Supreme Court of India, A People’s Constitution upends this narrative and shows how the Constitution actually transformed the daily lives of citizens in profound and lasting ways. This remarkable legal process was led by individuals on the margins of society, and Rohit De looks at how drinkers, smugglers, petty vendors, butchers, and prostitutes—all despised minorities—shaped the constitutional culture.The Constitution came alive in the popular imagination so much that ordinary people attributed meaning to its existence, took recourse to it, and argued with it. Focusing on the use of constitutional remedies by citizens against new state regulations seeking to reshape the society and economy, De illustrates how laws and policies were frequently undone or renegotiated from below using the state’s own procedures. De examines four important cases that set legal precedents: a Parsi journalist’s contestation of new alcohol prohibition laws, Marwari petty traders’ challenge to the system of commodity control, Muslim butchers’ petition against cow protection laws, and sex workers’ battle to protect their right to practice prostitution.Exploring how the Indian Constitution of 1950 enfranchised the largest population in the world, A People’s Constitution considers the ways that ordinary citizens produced, through litigation, alternative ethical models of citizenship.
A People's Europe: Turning a Concept into Content (Routledge Revivals)
by Stratos V. KonstadinidisFirst published in 1999. The aim of this book is to assess the impact of the rules of Community law or absence thereof of some issues which directly and intimately affect the level and quality of living in the European Union and to concentrate on problems experienced first- hand by a number of ordinary people working and living within the EU. Thus, the topics covered range from an attempt to define some key features of the nebulous and controversial concept of ‘citizenship of the Union’ to policy networks and implementation of the Union’s structural funds. Furthermore, in assessing and addressing intensity of the integrationist effort needed, academic specialists tackle the sex, religion and race aspects of discrimination within the Union, critically examine the EU immigration and asylum policy and the limited rights and particular treatment that various categories of third country nationals enjoy under Community and/or national law, analyse the external dimension of the Community’s Human Rights policy and seek to establish whether or not any common ground exists between the cultural identities of the Member States.
A Perfect Injustice: Genocide and Theft of Armenian Wealth
by Yair AuronExcept for a short period after the end of the First World War and the ensuing armistice, Turkey has consistently denied that it ever employed a policy of intentional destruction of Armenians. Th e 1913-1914 census put the number of Armenians living in Turkey at close to two million. Today only a few thousand Armenians remain in the city Istanbul and none elsewhere in Turkey. Armenian sites in Turkey, including churches, have been neglected, desecrated, looted, destroyed, or requisitioned for other uses, while Armenian place names have been erased or changed. As with the Jewish Holocaust, Armenian properties that were seized or stolen have not been restored. Sixty and ninety years after these terrible events, Jewish and Armenian victims and their heirs continue to struggle to get their properties back. Th ere has been only partial restitution in the Jewish case and virtually no restitution at all in the Armenian case. No adequate reparation for the deeds committed against the Armenians can ever be made. But resolving claims with respect to stolen property is a symbolic gesture toward victims and their heirs. Th is is unfinished business for Jewish heirs and survivor of the Holocaust, as it is for Armenians. A Perfect Injustice is an essential contribution to understanding why the issue of stolen Armenian wealth remains unresolved after all these years--a topic addressed for the fi rst time in this volume.
A Perilous Path: Talking Race, Inequality, and the Law
by Sherrilyn Ifill Bryan Stevenson Anthony C. Thompson Loretta LynchThis blisteringly candid discussion of the American dilemma in the age of Trump brings together the head of the NAACP Legal Defense Fund, the former attorney general of the United States, a bestselling author and death penalty lawyer, and a star professor for an honest conversation the country desperately needs to hear. Drawing on their collective decades of work on civil rights issues as well as personal histories of rising from poverty and oppression, these leading lights of the legal profession and the fight for racial justice talk about the importance of reclaiming the racial narrative and keeping our eyes on the horizon as we work for justice in an unjust time.