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A Sociological Theory of Law (International Library Of Sociology Ser.)
by Niklas LuhmannNiklas Luhmann is recognised as a major social theorist, and his treatise on the sociology of law is a classic text. For Luhmann, law provides the framework of the state, lawyers are the main human resource for the state, and legal theory provides the most suitable base from which to theorize on the nature of society. He explores the concept of law in the light of a general theory of social systems, showing the important part law plays in resolving fundamental problems a society may face. He then goes on to discuss in detail how modern 'positive' – as opposed to ‘natural’ – law comes to fulfil this function. The work as a whole is not only a contribution to legal sociology, but a major work in social theory. With a revised translation, and a new introduction by Martin Albrow.
A Sociology of Constitutions: Constitutions and State Legitimacy in Historical-sociological Perspective
by Chris ThornhillUsing a methodology that both analyzes particular constitutional texts and theories and reconstructs their historical evolution, Chris Thornhill examines the social role and legitimating status of constitutions from the first quasi-constitutional documents of medieval Europe, through the classical period of revolutionary constitutionalism, to recent processes of constitutional transition. A Sociology of Constitutions explores the reasons why modern societies require constitutions and constitutional norms and presents a distinctive socio-normative analysis of the constitutional preconditions of political legitimacy. During the emergence of sociology as an academic discipline the question about the origins, status and functions of constitutions was widely posed. Indeed, for both thematic and methodological reasons, the analysis of constitutions was a central aspect of early sociology. Sociology developed, however ambiguously,as a critical intellectual response to the theories and achievements of the Enlightenment in the eighteenth century, the political dimension of which was centrally focused on the theory and practice of constitutional rule. In its very origins, in fact, sociology might be seen as a counter-movement to the political ideals of the Enlightenment, which rejected the (alleged) normative deductivism of Enlightenment theorists. In this respect, in particular, early sociology was deeply concerned with theories of political legitimacy in the Enlightenment, and it translated the revolutionary analysis of legitimacy in the Enlightenment, focused on the normative claim that singular rights and rationally generalized principles of legal validity were the constitutional basis for legitimate statehood, into an account of legitimacy which observed political orders as obtaining legitimacy through internalistically complex, historically contingent and multi-levelled processes of legal formation and societal motivation and cohesion. This is not to suggest that there existed a strict and unbridgeable dichotomy between the Enlightenment, construed as a body of normative philosophy, and proto-sociological inquiry, defined as a body of descriptive interpretation.
A Sociology of Culture, Taste and Value
by Simon StewartThis book explores sociological debates in relation to culture, taste and value. It argues that sociology can contribute to debates about aesthetic value and to an understanding of how people evaluate.
A Sociology of Justice in Russia (Cambridge Studies in Law and Society)
by Marina Kurkchiyan Agnieszka KubalMuch of the media coverage and academic literature on Russia suggests that the justice system is unreliable, ineffective and corrupt. But what if we look beyond the stereotypes and preconceptions? This volume features contributions from a number of scholars who studied Russia empirically and in-depth, through extensive field research, observations in courts, and interviews with judges and other legal professionals as well as lay actors. A number of tensions in the everyday experiences of justice in Russia are identified and the concept of the 'administerial model of justice' is introduced to illuminate some of the less obvious layers of Russian legal tradition including: file-driven procedure, extreme legal formalism combined with informality of the pre-trial proceedings, followed by ritualistic format of the trial. The underlying argument is that Russian justice is a much more complex system than is commonly supposed, and that it both requires and deserves a more nuanced understanding.
A Sociology of Post-Imperial Constitutions: Suppressed Civil War and Colonized Citizens (Cambridge Studies in Law and Society)
by Chris ThornhillCovering the period from the eighteenth century to the present, A Sociology of Post-Imperial Constitutions combines global history and historical legal sociology to explain how democratic constitutions were created by imperialism and military policies related to imperialism. It challenges common views about the relation between democracy and peace, examining how, in different locations and different periods, the constitutional ordering of citizenship both reflected and perpetuated warfare. It also isolates the features of constitutional systems that have been successful in obviating military violence, separating democracy from its military origins. It discusses how the emergence of democratic government after 1945 depended on a dialectical transformation of the war/law nexus in constitutional rule. It then assesses ways in which, and the reasons why, many contemporary constitutions have begun to remilitarize their societies and to rearticulate military constructs of legitimacy.
A Sociotheological Approach to Catholic Social Teaching: The Role of Religion in Moral Responsibility During COVID-19
by Vivencio O. BallanoThis book introduces Catholic social teaching (CST) and its teaching on the common good to the reader and applies them in the realm of public health to critically analyze the major global issues of COVID-19 that undermine public interest. It uses the sociotheological approach that combines the moral principles of CST and the holistic analysis of modern sociology and also utilizes the secondary literature as the main source of textual data. Specifically, it investigates the corporate moral irresponsibility and some unethical business practices of Big Pharma in the sale and distribution of its anti-COVID vaccines and medicines, the injustice in the inequitable global vaccine distribution, the weakening of the United States Congress’s legislative regulation against the pharmaceutical industry’s overpricing and profiteering, the inadequacy of the World Health Organization’s (WHO) law enforcement system against corruption, and the lack of social monitoring in the current public health surveillance system to safeguard the public good from corporate fraud and white-collar crime. This book highlights the contribution of sociology in providing the empirical foundation of CST’s moral analysis and in crafting appropriate Catholic social action during the pandemic. It is hoped that through this book, secular scholars, social scientists, religious leaders, moral theologians, religious educators, and Catholic lay leaders would be more appreciative of the sociotheological approach to understanding religion and COVID-19. “This book brings into dialogue two bodies of literature: documents of Catholic social teaching, and modern sociology and its core thinkers and texts...The author does especially well to describe how taking ‘the sociotheological turn’...will benefit the credibility and dissemination of Catholic social thought.”- Rev. Fr. Thomas Massaro, S.J., Professor of Moral Theology, Jesuit School of Theology, Santa Clara University, Berkeley, California.
A Sound Approach to Noise and Health (Springer-AAS Acoustics Series)
by Irene Van Kamp Fred WoudenbergThis open access book highlights the negative and positive health effects of chronic exposure to environmental sound. It describes the state of the art in the field from a public health point of view and puts it in a broad societal perspective looking at sound from physical, social, psychological, economic and governance angles. Rather than a mere collection of papers around the theme as usually provided in special issues, this book offers a comprehensive look at the meaning of sound in society and its impacts and provides directions to further advance the field.
A Sourcebook on Equity and Trusts in Australia
by Donald Bryan, M W and Degeling, S E and Donald, M S and Vann, V J M W Bryan S E Degeling V J VannA Sourcebook on Equity and Trusts in Australia can be used as both a freestanding casebook and as a companion to the Equity and Trusts in Australia textbook. This casebook follows the structure of Equity and Trusts in Australia and provides a selection of primary legal materials together with accompanying commentary and discussion, covering the principal areas of equity and the law of trusts taught in Australian law schools. Cases have been carefully selected based on the needs of undergraduate law and Juris Doctor students approaching this subject for the first time. Case extracts give a clear account of the facts and issues considered by the court, and the detailed commentary is accompanied by problems and discussion questions to enhance student learning. Clearly written by authors with extensive experience in the field, A Sourcebook on Equity and Trusts in Australia encourages students to engage with the principles of equity and the law of trusts and to understand how they apply in the real world.
A Sourcebook on Equity and Trusts in Australia
by Simone Degeling Michael Bryan Vicki Vann Scott DonaldA Sourcebook on Equity and Trusts in Australia presents a selection of relevant cases and instructive commentary to introduce students to the study of Australian equity and trusts law. Designed to follow the structure of the third edition of Equity and Trusts in Australia, it can also be used as a freestanding casebook. The third edition has been fully updated to discuss recent landmark decisions, including Ancient Order of Foresters in Victoria Friendly Society Ltd v Lifeplan Australia Friendly Society Ltd (2018) 265 CLR 1 and Smethurst v Commissioner of Police [2020] HCA 14. Extracts are accompanied by detailed commentary, and additional notes and discussion questions throughout each chapter enhance and test students' understanding of complex cases and issues. Written by a team of experienced authors, A Sourcebook on Equity and Trusts in Australia offers an accessible introduction to the application of equity and trusts law.
A Southern Lawyer: Fifty Years at the Bar
by Aubrey Lee BrooksThis is the story of fifty years of legal battles in North Carolina, as experienced by one of the most successful lawyers in the state. It conveys a story of strong local attachment, unwavering political faith, and long and successful service at the bar.Originally published in 1950.A UNC Press Enduring Edition -- UNC Press Enduring Editions use the latest in digital technology to make available again books from our distinguished backlist that were previously out of print. These editions are published unaltered from the original, and are presented in affordable paperback formats, bringing readers both historical and cultural value.
A Spinoza Reader: The Ethics And Other Works
by Benedictus De Spinoza Edwin M. CurleyThis anthology of the work of Baruch de Spinoza (1632-1677) presents the text of Spinoza's masterwork, the Ethics, in what is now the standard translation by Edwin Curley. Also included are selections from other works by Spinoza, chosen by Curley to make the Ethics easier to understand, and a substantial introduction that gives an overview of Spinoza's life and the main themes of his philosophy. Perfect for course use, the Spinoza Reader is a practical tool with which to approach one of the world's greatest but most difficult thinkers, a passionate seeker of the truth who has been viewed by some as an atheist and by others as a religious mystic. <P><P> The anthology begins with the opening section of the Treatise on the Emendation of the Intellect, which has always moved readers by its description of the young Spinoza's spiritual quest, his dissatisfaction with the things people ordinarily strive for--wealth, honor, and sensual pleasure--and his hope that the pursuit of knowledge would lead him to discover the true good. The emphasis throughout these selections is on metaphysical, epistemological, and religious issues: the existence and nature of God, his relation to the world, the nature of the human mind and its relation to the body, and the theory of demonstration, axioms, and definitions. For each of these topics, the editor supplements the rigorous discussions in the Ethics with informal treatments from Spinoza's other works.
A Spirituality Named Compassion: Uniting Mystical Awareness with Social Justice
by Matthew FoxIn A Spirituality Named Compassion, Matthew Fox, the popular and controversial author, establishes a spirituality for the future that promises personal, social, and global healing. Using his own experiences with the pain and lifestyle changes that resulted from an accident, Fox has written an uplifting book on the issues of ecological justice, the suffering of Earth, and the rights of her nonhuman citizens. Fox defines compassion as creativity put to the service of justice and argues that we can achieve compassion for both humanity and the environment as we recognize the interconnectedness of all things. Working toward the creation of a gentler, ecological, and feminist Christianity, Fox marries mysticism and social justice, emphasizing that as we enter a new millennium society needs to realize that spirituality's purpose is to guide us on a path that leads to a genuine love of all our relations and a love for our shared interdependence.
A Stakeholder Approach to Corporate Social Responsibility: Pressures, Conflicts, and Reconciliation
by Philip Kotler François MaonCorporate social responsibility has grown into a global phenomenon that encompasses businesses, consumers, governments, and civil society, and many organizations have adopted its discourse. Yet corporate social responsibility remains an uncertain and poorly defined ambition, with few absolutes. First, the issues that organizations must address can easily be interpreted to include virtually everyone and everything. Second, with their unique, often particular characteristics, different stakeholder groups tend to focus only on specific issues that they believe are the most appropriate and relevant in organizations' corporate social responsibility programs. Thus, beliefs about what constitutes a socially responsible and sustainable organization depend on the perspective of the stakeholder. Third, in any organization, the beliefs of organizational members about their organization's social responsibilities vary according to their function and department, as well as their own managerial fields of knowledge. A Stakeholder Approach to Corporate Social Responsibility provides a comprehensive collection of cutting-edge theories and research that can lead to a more multifaceted understanding of corporate social responsibility in its various forms, the pressures and conflicts that result from these different understandings, and some potential solutions for reconciling them.
A Stolen Life: The Bruce Trevorrow Case
by Antonio ButiOn Christmas Day 1957, Joe Trevorrow walked through the blisteringheat to seek help for his sick baby boy. When relatives agreed to takeBruce to hospital, Joe was relieved — his son was in safe hands — but,within days, Bruce would be living with another family, and Joe wouldnever see his son again. At the age of ten, Bruce would be returned tohis Indigenous family, sparking a lifelong search for an identity thatcould never truly be known and a court case that made history.
A Stone Is Most Precious Where it Belongs: A Memoir of Uyghur Exile, Hope, and Survival
by Gulchehra HojaNAMED A BEST BOOK OF THE YEAR 2023 BY THE NEW YORKERWOMEN'S NATIONAL BOOK ASSOCIATION 2023 Great Group Read This extraordinary memoir shares an insight into the lives of the Uyghurs, a people and culture being systematically destroyed by China—and a woman who gave up everything to help her people. In February 2018, twenty-four members of Gulchehra Hoja's family disappeared overnight. Her crime – and thus that of her family – was her award-winning investigations on the plight of her people, the Uyghurs, whose existence and culture is being systematically destroyed by the Chinese government.A Stone is Most Precious Where it Belongs is Gulchehra&’s stunning memoir, taking us into the everyday world of life under Chinese rule in East Turkestan (more formally known as the Xinjiang Autonomous Region of China), from her idyllic childhood to its modern nightmare. The grandchild of a renowned musician and the daughter of an esteemed archaeologist, Gulchehra grew up with her people&’s culture and history running through her veins. She showed her gifts early on as a dancer, actress, and storyteller, putting her on a path to success as a major television star. Slowly though, she began to understand what China was doing to her people, as well as her own complicity as a journalist. As her rising fame and growing political awakening coincided, she made it her mission to expose the crimes Beijing is committing in the far reaches of its nation, no matter the cost. Reveling in the beauty of East Turkestan and its people – its music, its culture, its heritage, and above all its emphasis on community and family – this groundbreaking memoir gives us a glimpse beyond what the Chinese state wants us to see, showcasing a woman who was willing to risk not just her own life, but also that of everyone she loves, to expose her people&’s story to the world.
A Storm over This Court: Law, Politics, and Supreme Court Decision Making in Brown v. Board of Education (Constitutionalism and Democracy)
by Jeffrey D. HockettOn the way to offering a new analysis of the basis of the Supreme Court’s iconic decision in Brown v. Board of Education, Jeffrey Hockett critiques an array of theories that have arisen to explain it and Supreme Court decision making generally. Drawing upon justices’ books, articles, correspondence, memoranda, and draft opinions, A Storm over This Court demonstrates that the puzzle of Brown’s basis cannot be explained by any one theory. Borrowing insights from numerous approaches to analyzing Supreme Court decision making, this study reveals the inaccuracy of the popular perception that most of the justices merely acted upon a shared, liberal preference for an egalitarian society when they held that racial segregation in public education violates the equal protection clause of the Fourteenth Amendment. A majority of the justices were motivated, instead, by institutional considerations, including a recognition of the need to present a united front in such a controversial case, a sense that the Court had a significant role to play in international affairs during the Cold War, and a belief that the Court had an important mission to counter racial injustice in American politics. A Storm over This Court demonstrates that the infusion of justices’ personal policy preferences into the abstract language of the Constitution is not the only alternative to an originalist approach to constitutional interpretation. Ultimately, Hockett concludes that the justices' decisions in Brown resist any single, elegant explanation. To fully explain this watershed decision—and, by implication, others—it is necessary to employ a range of approaches dictated by the case in question.
A Straightforward Guide to Divorce and the Law
by Sharon FreemanThe book provides practical insight into how the divorce/dissolution process works on a legal level and how you can prepare yourself adequately for these final steps towards ending your marriage/partnership.
A Stranger in the Kingdom: A Novel
by Howard Frank MosherThis novel of murder and its aftermath in a small Vermont town in the 1950s is &“reminiscent of To Kill a Mockingbird . . . Absorbing&” (The New York Times). In Kingdom County, Vermont, the town&’s new Presbyterian minister is a black man, an unsettling fact for some of the locals. When a French-Canadian woman takes refuge in his parsonage—and is subsequently murdered—suspicion immediately falls on the clergyman. While his thirteen-year-old son struggles in the shadow of the town&’s accusations, and his older son, a lawyer, fights to defend him, a father finds himself on trial more for who he is than for what he might have done. &“Set in northern Vermont in 1952, Mosher&’s tale of racism and murder is powerful, viscerally affecting and totally contemporary in its exposure of deep-seated prejudice and intolerance . . . [A] big, old-fashioned novel.&” —Publishers Weekly &“A real mystery in the best and truest sense.&”—Lee Smith, The New York Times Book Review A Winner of the New England Book Award
A Strategic Understanding of UN Economic Sanctions: International Relations, Law and Development (Routledge Advances in International Relations and Global Politics)
by Golnoosh HakimdavarEconomic Sanctions are increasingly used as a legal, non-military technique of combating abusers of international peace. However it remains unclear how the success or failure of these sanctions is measured. This book examines the seldom-explored United Nations’ economic sanctions deliberation process and exposes systematic problems in the measurement of the success or failure of these sanctions. Centering on the key concepts of "peace and security," the author brings the reader’s attention to the discrepancies that exist in the process of decision-making, implementation, and evaluation of UN imposed economic sanctions. She engages international law and development methods to provide proof for the lack of consensus in measures of success and failure, which in turn suggests that sanction implementation on a uniform domestic front are unattainable. This thorough analysis concludes with suggestions for improving the sanctions process, only to clear the path for negating them as a whole and suggest alternative non-coercive measures for mitigating conflict situations and threats to peace and security.
A Street Survival Guide for Public Safety Officers: The Cop Doc's Strategies for Surviving Trauma, Loss, and Terrorism
by Daniel RudofossiAn expansion of Dr. Rudofossi's theory of Police and Public Safety Complex Trauma, this text integrates other models of trauma and loss into a one-of-a-kind intervention model. It offers insider perspectives from police psychologists, police managers, and clinicians describing what police personnel experience on the job, along with expert intervent
A Student's Guide To The Federal Rules Of Civil Procedure, 2023-2024 (Selected Statutes Ser.)
by Steven Baicker-McKee William JanssenWhat Makes A Student's Guide to the Federal Rules of Civil Procedure Different? Text of the Rules, Title 28, and Constitution: The 2023-2024 edition supplies what your students need―the text of the Federal Rules of Civil Procedure (as amended through December 1, 2022), the frequently-consulted sections of the U.S. Judiciary Code (as amended through February 1, 2022), and the text of the U.S. Constitution. Most Rules Supplements available to students contain that same content. But where most supplements stop, A Student’s Guide continues on…. PLUS… Student-Friendly Orientation to Each Rule: What many students often find challenging in studying Civil Procedure―and what is less likely to be found in either a casebook or a conventional study aid―is an understanding of how each Rule "fits" into the master scheme of federal civil practice generally. A Student’s Guide offers students that very guidance. Three features follow the text of each Rule: "How This Rule Fits In" explains for students the broad context of each Rule and the role each plays in federal civil practice; "The Architecture of this Rule" guides students in unpacking the structure of those Rules that are especially long and confusing; “How This Rule Works in Practice” helps students understand each Rule’s application, subpart by subpart, in the real-world, practical life of practicing attorneys. PLUS… Citations to Interpretative Case Law: Also unlike most other Rules Supplements, A Student's Guide provides students with select, leading interpretative case law analyzing the Rules and their subparts (current through February 2023). This, then, converts this resource into a "finding aid” of sorts, as students work through applied problems in the context of the Rules. PLUS… A “Getting Started” Overview to Federal Practice Concepts: Because many of the related core concepts of federal practice are an amalgam of law found in Rules, statutes, constitutional provisions, and case law, A Student's Guide bridges that gulf with quick, orienting discussions of central practice concepts like personal jurisdiction, subject-matter jurisdiction, removal, venue, forum non conveniens, the Erie Doctrine, and claim and issue preclusion. These distillations allow students to acquire a broad view of those related practice contexts. PLUS… A Handy Overview of Federal Appellate Practice: A Student’s Guide also includes a concise, student-friendly overview of federal appellate practice. PLUS… A Helpful Orientation to the Rulemaking Process: A Student’s Guide also includes a brief orientation for students to the process of federal rulemaking, how the Rules originally came into existence, and how they are amended.
A Student's Guide To The Internal Revenue Code (Sixth Edition)
by Jeffrey A. Maine Richard GershonThis Guide book does not teach substantive tax law, which constantly changes, but rather the language of tax, which largely remains constant. Thus, a student who learns how to read the Internal Revenue Code effectively will be able to understand each new tax reform. To that end, A Student's Guide to the Internal Revenue Code: • Examines statutory organization and language; • Introduces basic tax constants to provide a frame of reference from which to view tax law, no matter what future tax reform might bring; • Teaches how to use and research the cases, regulations, and Internal Revenue proclamations; • Provides numerous problems and exam questions which students can use to test their ability to apply the language of the Internal Revenue Code; and • Provides sample answers to problems and exams for students to monitor their progress.
A Student's Guide to Equity and Trusts
by Judith BrayThis engaging introduction explores the key principles of equity and trusts law and offers students effective learning features. By covering the essentials of each topic, it ensures students have the foundations for successful further study. The law is made relevant to current practice through chapters that define and explain key legal principles. Examples and exercises set the law in context and make the subject interesting and dynamic by showing how these rules apply in real life. Key facts sections and summaries help students remember the crucial points of each topic and practical exercises offer students the opportunity to apply the law. Exploring clearly and concisely the subject's key principles, this should be every equity student's first port of call.
A Student's Guide to Equity and Trusts
by Judith BrayThis engaging introduction explores the key principles of equity and trusts law and offers students effective learning features. By covering the essentials of each topic, it ensures students have the foundations for success. The law is made relevant to current practice through chapters that define and explain key legal principles, and examples and exercises set the law in context and make the subject interesting and dynamic by showing how these rules apply in real life. Key facts sections and summaries help students remember the crucial points of each topic and practical exercises offer students the opportunity to apply the law. This updated edition offers added features, in particular comprehensive lists of further reading and also a glossary of key terms. Every chapter has been updated and new case law has been added. Exploring clearly and concisely the subject's key principles, this should be every equity student's first port of call.
A Student's Guide to Law School: What Counts, What Helps, and What Matters (Chicago Guides To Academic Life Ser.)
by Andrew B. AyersLaw school can be a joyous, soul-transforming challenge that leads to a rewarding career. It can also be an exhausting, self-limiting trap. It all depends on making smart decisions. When every advantage counts, A Student’s Guide to Law School is like having a personal mentor available at every turn. As a recent graduate and an appellate lawyer, Andrew Ayers knows how high the stakes are—he’s been there, and not only did he survive the experience, he graduated first in his class. In A Student’s Guide to Law School he shares invaluable insight on what it takes to make a successful law school journey. Originating in notes Ayers jotted down while commuting to his first clerkship with then-Judge Sonia Sotomayor, and refined throughout his first years as a lawyer, A Student’s Guide to Law School offers a unique balance of insider’s knowledge and professional advice. Organized in four parts, the first part looks at tests and grades, explaining what’s expected and exploring the seven choices students must make on exam day. The second part discusses the skills needed to be a successful law student, giving the reader easy-to-use tools to analyze legal materials and construct clear arguments. The third part contains advice on how to use studying, class work, and note-taking to find your best path. Finally, Ayers closes with a look beyond the classroom, showing students how the choices they make in law school will affect their career—and even determine the kind of lawyer they become. The first law school guide written by a recent top-ranked graduate, A Student’s Guide to Law School is relentlessly practical and thoroughly relevant to the law school experience of today’s students. With the tools and advice Ayers shares here, students can make the most of their investment in law school, and turn their valuable learning experiences into a meaningful career.