- Table View
- List View
Rawls and Law (Philosophers And Law Ser.)
by Thom BrooksJohn Rawls (1921-2002) is widely held to be amongst the most important political philosophers for over a century. This volume, which is the first work of its kind to publish in one place the most influential essays in the field, features articles on a wide range of subjects including constitutionalism, democratic theory, egalitarianism, feminism, global justice, political liberalism, the rule of law, and public reason. The collection informs scholars and students coming to the study of Rawls's work for the first time of the importance and complexity of Rawl's ideas, and sheds light on how these ideas might be further improved and applied.
Rawlsian Explorations in Religion and Applied Philosophy (G - Reference, Information and Interdisciplinary Subjects)
by Daniel A. DombrowskiTo probe the underlying premises of a liberal political order, John Rawls felt obliged to use a philosophical method that abstracted from many of the details of ordinary life. But this very abstraction became a point of criticism, as it left unclear the implications of his theory for public policies and life in the real political world. Rawlsian Explorations in Religion and Applied Philosophy attempts to ferret out those implications, filling the gap between Rawls’s own empyrean heights and the really practical public policy proposals made by government planners, lobbyists, and legislators. Among the topics examined are natural rights, the morality of war, the treatment of mentally deficient humans and nonhuman sentient creatures, the controversies over legacy and affirmative action in college admissions, and the place of religious belief in a democratic society. The final chapter explores how Rawls’s own religious beliefs, as revealed in two works posthumously published in 2009, played into his formulation of his theory of justice.
Rawls's Political Liberalism (Columbia Themes in Philosophy)
by Martha C. Nussbaum Thom BrooksWidely hailed as one of the most significant works in modern political philosophy, John Rawls's Political Liberalism (1993) defended a powerful vision of society that respects reasonable ways of life, both religious and secular. These core values have never been more critical as anxiety grows over political and religious difference and new restrictions are placed on peaceful protest and individual expression.This anthology of original essays suggests new, groundbreaking applications of Rawls's work in multiple disciplines and contexts. Thom Brooks, Martha Nussbaum, Onora O'Neill (University of Cambridge), Paul Weithman (University of Notre Dame), Jeremy Waldron (New York University), and Frank Michelman (Harvard University) explore political liberalism's relevance to the challenges of multiculturalism, the relationship between the state and religion, the struggle for political legitimacy, and the capabilities approach. Extending Rawls's progressive thought to the fields of law, economics, and public reason, this book helps advance the project of a free society that thrives despite disagreements over religious and moral views.
Rawls’s A Theory Of Justice
by Jon MandleA Theory of Justice, by John Rawls, is widely regarded as the most important twentieth-century work of Anglo-American political philosophy. It transformed the field by offering a compelling alternative to the dominant utilitarian conception of social justice. The argument for this alternative is, however, complicated and often confusing. In this book Jon Mandle carefully reconstructs Rawls's argument, showing that the most common interpretations of it are often mistaken. For example, Rawls does not endorse welfare-state capitalism, and he is not a 'luck egalitarian' as is widely believed. Mandle also explores the relationship between A Theory of Justice and the developments in Rawls's later work, Political Liberalism, as well as discussing some of the most influential criticisms in the secondary literature. His book will be an invaluable guide for anyone seeking to engage with this ground-breaking philosophical work.
Re-conceiving Property Rights in the New Millennium: Towards a New Sustainable Land Relations Policy
by Ben ChigaraThis book constitutes volume two of a two volume examination of development community land issues in Southern Africa. Following from volume one Southern African Development Community Land Issues, this book considers the possibility of a new, sustainable land relations policy for Southern African Development Community States (SADC) that are currently mired up in land disputes that have become subject of domestic, regional and international tribunals. Chigara demonstrates that land relations in the SADC have always been, and will perhaps remain, a matter for constitutional regulation. Because constitutional laws are distinctive from other laws only by constitutional design, legal contests appear to be the least likely means for settlement in the sub-region. Only human rights inspired policies, that respond to the call for social justice by acknowledging both the current and the underlying contexts to the disputes, hold the most potential to resolve these disputes. The book recommends efficient pedagogical counter-apartheid-rule psychological distortions regarding the significance of human dignity (PECAPDISH) as a pre-requisite and corollary to the dismantling of the salient physical legacy of apartheid-rule in affected SADC States. The book shows that PECAPDISH’s potential and benefits would be enormous. The book will be of interest to students and researchers of Property and Conveyancing Law, Human Rights Law, and Land Law.
Re-envisioning Sovereignty: The End of Westphalia? (Law, Ethics And Governance Ser.)
by Trudy JacobsenSovereignty, as a concept, is in a state of flux. In the course of the last century, traditional meanings have been worn away while the limitations of sovereignty have been altered as transnational issues compete with domestic concerns for precedence. This volume presents an interdisciplinary analysis of conceptions of sovereignty. Divided into six overarching elements, it explores a wide range of issues that have altered the theory and practice of state sovereignty, such as: human rights and the use of force for human protection purposes, norms relating to governance, the war on terror, economic globalization, the natural environment and changes in strategic thinking. The authors are acknowledged experts in their respective areas, and discuss the contemporary meaning and relevance of sovereignty and how it relates to the constitution of international order.
The Re-Evolution of American Street Gangs
by Dale L. June Mohamad Khatibloo Gregorio EstevaneThe problem of gangs and gang subculture is a growing threat to the stability of neighborhoods and entire communities. During the past two decades, gang members have increasingly migrated from large urban centers to suburban areas and other countries. This book addresses the intricacies and diversities of street gangs, drawing on the expertise of h
Re-Examining The Crime Drop
by Stephen FarrallThe crime drop is one of the most important puzzles in contemporary criminology: since the early-1990s many countries appear to exhibit a pronounced decline in crime rates. While there have been many studies on the topic, this book argues that the current crime drop literature relies too heavily on a single methodological approach, and in turn, provides a new method for examining the falling rates of crime, based on ideas from political science and comparative historical social science. Farrall's original new research forwards an understanding of trends in crime and responses to them by questioning the received theoretical assumptions. The book therefore encourages a 'deepening' in the nature of the sorts of studies which have been undertaken so far. Firmly grounded in Political Science, this innovative study is a must read for scholars of Critical Criminology, Criminological Theory, and Politics.
Re: How to Use Story-based Strategy to Win Campaigns, Build Movements and Change the World
by Doyle Canning Patrick ReinsboroughThis unique book explores how culture, media, memes and narrative intertwine with social change strategies, and offers practical methods to amplify progressive causes in the popular culture.
Re-imagining Hate Crime: Transphobia, Visibility and Victimisation (Palgrave Hate Studies)
by Ben ColliverThis book draws upon empirical data to offer a fresh and unique perspective on hate crime victimisation, using transphobic hate crime as a case study. It adopts the lens of ‘visibility’ as a way of understanding hate crime victimisation and to challenge dominant theoretical and conceptual perspectives of hate crime. In adopting this lens, key aspects of victimisation are explored, including the hierarchical nature of hate crime victimisation that afford visibility to particular types of victimisation and to particular groups of people to make them ‘legitimate’ victims. In challenging these notions, this book highlights the pervasive, everyday nature of much hate crime and introduces the concept of ‘micro-crimes’ as a way to conceptualise the nature of victimisation that is often overshadowed by discussions around ‘microaggressions’ and more socially recognisable forms of ‘hate crime’. Key ideas relating to space, place and identity performance are drawn upon throughout these analyses and discussions to provide a nuanced overview and conceptualisation of hate crime victimisation.
Re-Imagining the Trust
by Lionel SmithAlthough the trust is generally seen as a creation of the common law tradition, modern civilian systems are increasingly interested in incorporating the trust institution. This collection of essays explores multiple civilian experiences with the trust. The reform of Quebec's trust institution attracted worldwide attention in 1994. Louisiana's 1964 Trust Code stands in an uneasy relationship with its general law of property. Israel has had a fascinating pluralist experience of multiples trusts. The People's Republic of China passed a Trust Law in 2001 and the development of the trust in this important economy is a matter of great interest and some controversy. France adopted a trust in 2007, and in Italy, trusts can be created through the choice of foreign governing law, under the Hague Trusts Convention. The concluding chapter draws conclusions from all the essays and sets out challenges for future research in the comparative law of trusts.
Re-Making Kozarac
by Sebina Sivac-BryantThis book explores agency, reconciliation and minority return within the context of ethnic cleansing in Bosnia. It focuses on a community in North-West Bosnia, which successfully reversed the worst episode of ethnic cleansing prior to Srebrenica by fighting for return, and then establishing one of the only successful examples of contested minority return in the town of Kozarac. The book is a result of a longitudinal, decade-long study of a group of people who discovered a remarkable level of agency and resilience, largely without external support, and despite many of the people and institutions who were responsible for their violent expulsion remaining in place. Re-Making Kozarac considers how a community's traumatic experiences were utilised as a motivational vehicle for return, and contrasts their pragmatic approach to local compromise with the ill-informed and largely unsuccessful international projects that try to cast them as powerless victims. Importantly, the book offers critical reflections on the interventions of the trauma and reconciliation industries, which can be more harmful than is currently realised. It will be of great interest to scholars of criminology, anthropology and international relations.
Re-Politicising International Investment Law in Latin America through the Duty to Regulate Paradigm (European Yearbook of International Economic Law #14)
by María José Luque MacíasThis book offers insights into how international investment law (IIL) has frustrated states’ protection of human rights in Latin America, and IIL has generally abstained from dealing with inter-regime frictions. In these circumstances, this study not only argues that IIL should be an object of contention and debate (‘politicisation’). It also contends that Latin American countries have traditionally been the frontrunners in the politicisation of international legal instruments protecting foreign investment, questioning whether the paradigms informing their claims’ articulation are adequate to frame this debate. It demonstrates that the so-called ‘right to regulate’ is the paradigm now prevalently used to challenge IIL, but that it is inadequate from a human rights perspective. Hence, the book calls for a re-politicisation of IIL in Latin America through a re-conceptualization of how states’ regulation of foreign investment is understood under international human rights law, which entails viewing it as an international duty. After determining what the ‘duty to regulate’ constitutes in relation to the right to water and indigenous peoples’ right to lands based on human rights doctrine, the book analyses the extent to which Latin American countries are currently re-politicising IIL through an articulation of this international duty, and arbitral tribunals’ responses to their argumentative strategies. Based on these findings, the book not only proposes investment treaties’ reform to anchor the ‘duty to regulate’ paradigm in IIL, and in the process, to induce tribunals’ engagement with human rights arguments when they come to underpin respondent states’ defences in investor-state dispute settlement (ISDS). In addition, drawing upon the (now likely defunct) idea of creating a regional ISDS tribunal, the book briefly reflects on options available to such a tribunal in terms of dealing with troubling normative/institutional interactions between regimes during ISDS proceedings.
Re-reading Foucault: On Law, Power And Rights
by Ben GolderLaw, Rights and Power: Re-Reading Foucault is the first collection in English to fully address the relevance of Foucault’s thought for law. Michel Foucault is the best known and most cited of the late twentieth-century’s ‘theory’ academics. His work continues to animate a range of different critical work across intellectual disciplines in the arts, humanities and social sciences. There has, however, been relatively little examination of the legal implications and applications of Foucault’s work. This book fills that gap, providing an in-depth analysis of Foucault’s thought as it pertains to the crucial questions of law, government and rights. This collection engages with key legal themes as they emerge, both in Foucault’s work and in the contemporary scholarship that surrounds it. These include: the opposition between ‘law’ and ‘the juridical’; legal ways of organising and processing knowledge; sovereignty; punishment; bio-politics and governmentality; security; resistance; and, judgment. Including contributions from acknowledged experts on Foucault’s work, as well as pieces by younger scholars, Law, Rights and Power: Re-Reading Foucault will be of considerable interest across a range of disciplines, including law, sociology, criminology, international relations, political theory, and philosophy.
Re-Reasoning Ethics: The Rationality of Deliberation and Judgment in Ethics (Basic Bioethics)
by Barry Hoffmaster Cliff HookerHow developing a more expansive, non-formal conception of reason produces richer ethical understandings of human situations, explored and illustrated with many real examples.In Re-Reasoning Ethics, Barry Hoffmaster and Cliff Hooker enhance and empower ethics by adopting a non-formal paradigm of rational deliberation as intelligent problem-solving and a complementary non-formal paradigm of ethical deliberation as problem-solving design to promote human flourishing. The non-formal conception of reason produces broader and richer ethical understandings of human situations, not the simple, constrained depictions provided by moral theories and their logical applications in medical ethics and bioethics. Instead, it delivers and vindicates the moral judgment that complex, contextual, and dynamic situations require.Hoffmaster and Hooker demonstrate how this more expansive rationality operates with examples, first in science and then in ethics. Non-formal reason brings rationality not just to the empirical world of science but also to the empirical realities of human lives. Among the many real cases they present is that of how women at risk of having children with genetic conditions decide whether to try to become pregnant. These women do not apply the formal principle of maximizing expected utility (as advised by genetic counselors) and instead imagine scenarios of what their lives could be like with an affected child and assess whether they could accept the worst of these scenarios.Hoffmaster and Hooker explain how moral compromise and a liberated, extended, and enriched reflective equilibrium expand and augment rational ethical deliberation and how that deliberation can rationally design ethical practices, institutions, and policies.
Re-thinking Intellectual Property: The Political Economy of Copyright Protection in the Digital Era (Routledge Research in Intellectual Property)
by YiJun TianCopyright laws, along with other Intellectual Property Rights (IPRs), constitute the legal foundation for the "global knowledge-based economy" and copyright law now plays an increasingly important role in the creation of business fortunes, the access to and dissemination of knowledge, and human development in general. This book examines major problems in the current IPR regime, particularly the copyright regime, in the context of digitization, knowledge economy, and globalization. The book contends that the final goals of IP law and policy-making are to enhance the progress of science and economic development, and the use and even-distribution of intellectual resource at the global level. By referring to major international IP consensus, recent developments in regional IP forums and the successful experiences of various countries, YiJun Tian is able to provide specific theoretical, policy and legislative suggestions for addressing current copyright challenges. The book contends that each nation should strengthen the coordination of its IP protection and development strategies, adopt a more systematic and heterogeneous approach, and make IP theory, policy, specific legal mechanisms, marketing forces and all other available measures work collectively to deal with digital challenges and in a way that contributes to the establishment of a knowledge equilibrium international society.
Re-thinking Legal Education under the Civil and Common Law: A Road Map for Constructive Change (Legal Pedagogy)
by Richard GrimesWhilst educational theory has developed significantly in recent years, much of the law curriculum remains content-driven and delivered traditionally, predominantly through lecture format. Students are, in the main, treated as empty vessels to be filled by the eminent academics of the day. Re-thinking Legal Education under the Common and Civil Law draws on the experience of teachers, practitioners and students across the world who are committed to developing a more effective learning process. Little attention has, historically, been paid to the importance of the application of theory, the role of reflective learning, the understanding and acquisition of lawyering skills and the development of professional responsibility and wider ethical values. With contributions from across the global north and south, this book examines the history of educating our lawyers, the influences and constraints that may shape the curriculum, the means of delivering it and the models that could be used to tackle current shortcomings. The whole is intended to represent what might be desirable and possible if we are to produce lawyers that are fit for purpose in the 21st century, be that in either in civil or common law jurisdictions. This book will be of direct assistance to those who wish to understand the theory and practice of legal pedagogy in an experiential context. It will be essential reading for academics, researchers and teachers in the fields of law and education, particularly those concerned with curriculum design and developing interactive teaching methods. It is likely to be of interest to law students too – particularly those who value a more direct engagement in their learning.
Re-Thinking the Political Economy of Punishment: Perspectives on Post-Fordism and Penal Politics (New Advances in Crime and Social Harm)
by Alessandro De GiorgiThe political economy of punishment suggests that the evolution of punitive systems should be connected to the transformations of capitalist economies: in this respect, each 'mode of production' knows its peculiar 'modes of punishment'. However, global processes of transformation have revolutionized industrial capitalism since the early 1970s, thus configuring a post-Fordist system of production. In this book, the author investigates the emergence of a new flexible labour force in contemporary Western societies. Current penal politics can be seen as part of a broader project to control this labour force, with far-reaching effects on the role of the prison and punitive strategies in general.
Reaching Key Financial Reporting Decisions
by Tony Hines Vivien Beattie Stella FearnleyThe regulatory framework for financial reporting, auditing and governance has changed radically in recent years, as a result of problems identified from the Enron scandal and more recently from the drive to implement global standards. In a key regulatory change, a company audit committee is now expected to play a significant role in agreeing the contents of the financial statements and overseeing the activities of the auditors. Finance Directors, Audit Committee Chairs and Audit Engagement Partners are required to discuss and negotiate financial reporting and auditing issues, a significant process leading to the agreement of the published numbers and disclosures, and to the issuing of the auditor's report which accompanies them, but which is entirely unobservable by third parties.Reaching Key Financial Reporting Decisions: How Directors and Auditors Interact is a fascinating, behind-the-scenes examination of this closed process. The authors draw on the results of face to face interviews, and an extensive survey of finance directors, audit committee chairs and audit partners, and present nine company case studies highlighting the process of discussion and negotiation and the methods by which the agreed financial reporting outcome was reached. Detailed analysis of the case studies:Allows those involved in the process to benchmark their behaviours against those of othersEnables a comparison between the previous and current regulatory environments to see what has changed, and sheds light on the sorts of behaviours the current regulatory framework encouragesEvaluates the effectiveness of the changed regulatory regime, providing evidence relevant to current policy debates concerning the value of audit, IFRS and the relative merit of rules-based versus principles-based accounting standards in relation to professional judgement and complianceThe unprecedented access and unique insights offered by this book make it invaluable for audit firm staff and partners, audit committee chairs and company directors involved in agreeing the published financial statements, as well as those who have an interest in the financial statements, but do not have access to the negotiation process.
Reaching the Bar
by Robin SaxWomen account for 30% of the 1.14 million attorneys currently practicing in the U.S., and in 2007, 48% of all juris doctor degrees were awarded to women. Despite the growing appearance of women at the bar, the law is still a profession dominated by older white men. While some of the challenges an aspiring lawyer faces are the same regardless of gender, other issues are particular hurdles for woman attorneys. Reaching the Bar provides the perspectives of women lawyers to their peers and to women just getting started in their legal careers. From their first torts class to their final case studies, women at law have to make choices about what specialty degrees to pursue, whether or when to have children, and how they are going to respond to sexism in the workplace and the courtroom. These books provide a forum for women at all levels to describe and examine those choices Reaching the Bar features stories from each stage of a lawyer's career - beginning with the law school students and clerks, through the corporate stages from junior associate to senior partner, then on to late-stage careers like judges or professors. Reaching the Bar blends inspirational, funny and dramatic stories, with the constant theme of seasoned women looking back at their experiences and sharing what they've learned.
Reacting to the Past: The Needs of Others
by Kelly McFallReacting to the Past is an award-winning series of immersive role-playing games that actively engage students in their own learning. <p><p>Students assume the roles of historical characters to practice critical thinking, primary source analysis, and both written and spoken argument. Reacting games are flexible enough to be used across the curriculum, from first-year general education classes and discussion sections of lecture classes to capstone experiences and honors programs.
Reactions To the Law by Minority Religions (Routledge Inform Series on Minority Religions and Spiritual Movements)
by Eileen Barker and James T. RichardsonMuch has been written about the law as it affects new and minority religions, but relatively little has been written about how such religions react to the law. This book presents a wide variety of responses by minority religions to the legal environments within which they find themselves. An international panel of experts offer examples from North America, Europe and Asia demonstrating how religions with relatively little status may resort to violence or passive acceptance of the law; how they may change their beliefs or practices in order to be in compliance with the law; or how they may resort to the law itself in order to change their legal standing, sometimes by forging alliances with those with more power or authority to achieve their goals. The volume concludes by applying theoretical insights from sociological studies of law, religion and social movements to the variety of responses. The first systematic collection focussing on how minority religions respond to efforts at social control by various governmental agents, this book provides a vital reference for scholars of religion and the law, new religious movements, minority religions and the sociology of religion.
Read Dangerously: The Subversive Power of Literature in Troubled Times
by Azar NafisiThe New York Times bestselling author of Reading Lolita in Tehran returns with a guide to the power of literature in turbulent times, arming readers with a resistance reading list, ranging from James Baldwin to Zora Neale Hurston to Margaret Atwood."[A] stunning look at the power of reading. ... Provokes and inspires at every turn." —Publishers Weekly (starred review)"Remarkable. ... Audacious." —The ProgressiveWhat is the role of literature in an era when one political party wages continual war on writers and the press? What is the connection between political strife in our daily lives, and the way we meet our enemies on the page in fiction? How can literature, through its free exchange, affect politics?In this galvanizing guide to literature as resistance, Nafisi seeks to answer these questions. Drawing on her experiences as a woman and voracious reader living in the Islamic Republic of Iran, her life as an immigrant in the United States, and her role as literature professor in both countries, she crafts an argument for why, in a genuine democracy, we must engage with the enemy, and how literature can be a vehicle for doing so.Structured as a series of letters to her father, who taught her as a child about how literature can rescue us in times of trauma, Nafisi explores the most probing questions of our time through the works of Toni Morrison, Salman Rushdie, James Baldwin, Margaret Atwood, and more.
Read My Lips: Why Americans Are Proud to Pay Taxes
by Vanessa S. WilliamsonConventional wisdom holds that Americans hate taxes. But the conventional wisdom is wrong. Bringing together national survey data with in-depth interviews, Read My Lips presents a surprising picture of tax attitudes in the United States. Vanessa Williamson demonstrates that Americans view taxpaying as a civic responsibility and a moral obligation. But they worry that others are shirking their duties, in part because the experience of taxpaying misleads Americans about who pays taxes and how much. Perceived "loopholes" convince many income tax filers that a flat tax might actually raise taxes on the rich, and the relative invisibility of the sales and payroll taxes encourages many to underestimate the sizable tax contributions made by poor and working people.Americans see being a taxpayer as a role worthy of pride and respect, a sign that one is a contributing member of the community and the nation. For this reason, the belief that many Americans are not paying their share is deeply corrosive to the social fabric. The widespread misperception that immigrants, the poor, and working-class families pay little or no taxes substantially reduces public support for progressive spending programs and undercuts the political standing of low-income people. At the same time, the belief that the wealthy pay less than their share diminishes confidence that the political process represents most people.Upending the idea of Americans as knee-jerk opponents of taxes, Read My Lips examines American taxpaying as an act of political faith. Ironically, the depth of the American civic commitment to taxpaying makes the failures of the tax system, perceived and real, especially potent frustrations.
Reading American Indian Law: Foundational Principles
by Grant Christensen Melissa L. TatumThe study of American Indian law and policy usually focuses on federal statutes and court decisions, with these sources forming the basis for most textbooks. Virtually ignored is the robust and growing body of scholarly literature analyzing and contextualizing these primary sources. Reading American Indian Law is designed to fill that void. Organized into four parts, this book presents 16 of the most impactful law review articles written during the last three decades. Collectively, these articles explore the core concepts underlying the field: the range of voices including those of tribal governments and tribal courts, the role property has played in federal Indian law, and the misunderstandings between both people and sovereigns that have shaped changes in the law. Structured with flexibility in mind, this book may be used in a wide variety of classroom settings including law schools, tribal colleges, and both graduate and undergraduate programs.