While there is no shortage of of books on the environment there are few introductory texts that outline the social theory that informs human geographical approaches to the interactions between ecology and society. Students arriving at university often lack the understanding of history, economics, politics, sociology and philosophy that contemporary human geography requires. Environments in a Changing World addresses this deficit, providing foundation knowledge in a form that is accessible to first year students and applied to the understanding of both contemporary environmental issues and the challenge of sustainability. Students are challenged to develop and defend their own ethical and political positions on sustainability and respond to the need for new forms of ecological citizenship.
Across the globe, the domain of the litigator and the judge has radically expanded, making it increasingly difficult for those who study comparative and international politics, public policy and regulation, or the evolution of new modes of governance to avoid encountering a great deal of law and courts. In On Law, Politics, and Judicialization, two of the world's leading political scientists present the best of their research, focusing on how to build and test a social science oflaw and courts. The opening chapter features Shapiro's classic 'Political Jurisprudence,' and Stone Sweet's 'Judicialization and the Construction of Governance,' pieces that critically redefined research agendas on the politics of law and judging. Subsequent chapters take up diverse themes: thestrategic contexts of litigation and judging; the discursive foundations of judicial power; the social logic of precedent and appeal; the networking of legal elites; the lawmaking dynamics of rights adjudication; the success and diffusion of constitutional review; the reciprocal impact of courts and legislatures; the globalization of private law; methods, hypothesis-testing, and prediction in comparative law; and the sources and consequences of the creeping 'judicialization of politics' aroundthe world. Chosen empirical settings include the United States, the GATT-WTO, France and Germany, Imperial China and Islam, the European Union, and the transnational world of the Lex Mercatoria. Written for a broad, scholarly audience, the book is also recommended for use in graduate and advancedundergraduate courses in law and the social sciences.
The Law-Growth Nexus
Author: Kenneth W. Dam
Publisher: Brookings Institution Press
An increasingly popular view holds that institutions--in particular, the rule of law--are the keys to unlocking the developing world's full growth potential. But what exactly does this mean? Which legal institutions matter and why? How can policymakers use this knowledge to promote growth? In The Law-Growth Nexus, Kenneth Dam brings five decades of experience as a legal scholar and policymaker to bear upon these questions. After reviewing the burgeoning literature on legal institutions and economic development, Dam unpacks the "rule of law" concept. Successive chapters analyze enforcement, contracts, and property rights—the three concepts that collectively define rule of law—and examine their roles in the real estate and financial sectors. Dam uses an extended analysis of China to assess the importance of the rule of law. This case study illustrates several of the book's central themes, including the difficulty of building a strong, independent judiciary and firstclass financial sector. The stark fact is that many parts of what we call the developing world have stopped developing, while other regions have seen a slowdown in once-promising growth. Could new or better legal institutions help jumpstart these economies? In exploring this question, Th e Law-Growth Nexus goes beyond regression results to examine the underlying mechanisms through which the law, the judiciary, and the legal profession influence the economy. The result is essential reading for analysts and policymakers facing the challenges of legal and economic reform.
Precedent in English Law
Author: Rupert Cross, J. W. Harris
Publisher: Clarendon Press
This fourth edition of Precedent in English Law presents a basic guide to the current doctrine of precedent in England, set in the wider context of the jurisprudential problems which any treatment of this topic involves. Such problems include the nature of _ratio_ _decidendi_ of a precedent and of its binding force, the significance of precedents alongside other sources of law, their role in legal reasoning, and the account which must be taken of them by any general theory of law. Considerable re-writing has been undertaken to update case-law and take account of the possible implications for the doctrine of precedent of the impact of European Community law, making it an indispensable work of reference for readers interested in the past history, present state, and future developments of English rules of precedent.
Author: Saul Brenner, Harold J. Spaeth
Publisher: Cambridge University Press
This book presents a full-length empirical study of why US Supreme Court justices have chosen to alter precedent.
Offers accounts of over four hundred cases argued before the Supreme Court, including Marbury v. Madison, Scott v. Sandford, and Brown v. Board of Education.
A obra 'Teoria do Direito' é atualmente exposta a uma constante transformação social, não lhe restando outra alternativa a não ser repensar seu objeto ante a sociedade. Nesta obra, é empreendida uma leitura crítica dos principais eixos temáticos e escolas do Direito com uma perspectiva inovadora teórica. A abordagem histórica em si já é uma grande contribuição para Thomas Vesting, uma vez que realizada de modo coerente em sede da teoria da evolução e dos meios de comunicação.
Author: Ronald Dworkin
Publisher: Harvard University Press
A renowned legal scholar presents a theory of law based on Anglo-American legal principles and practices, juridical interpretations, legal precedence, and a forcefully argued concept of political and legal integrity
Este livro aborda o Supremo Tribunal Federal e o Superior Tribunal de Justiça e como tornam-se reféns de um sistema desgastado.
A landmark work of political and legal philosophy, Ronald Dworkin's Taking Rights Seriously was acclaimed as a major work on its first publication in 1977 and remains profoundly influential in the 21st century. A forceful statement of liberal principles - championing the legal, moral and political rights of the individual against the state - Dworkin demolishes prevailing utilitarian and legal-positivist approaches to jurisprudence. Developing his own theory of adjudication, he applies this to controversial public issues, from civil disobedience to positive discrimination. Elegantly written and cuttingly insightful, Taking Rights Seriously is one of the most important works of public thought of the last fifty years.
The Supreme Court
Author: Jeffrey Rosen, Thirteen/WNET
A leading Supreme Court expert recounts the personal and philosophical rivalries that forged our nation's highest court and continue to shape our daily lives The Supreme Court is the most mysterious branch of government, and yet the Court is at root a human institution, made up of very bright people with very strong egos, for whom political and judicial conflicts often become personal. In this compelling work of character-driven history, Jeffrey Rosen recounts the history of the Court through the personal and philosophical rivalries on the bench that transformed the law—and by extension, our lives. The story begins with the great Chief Justice John Marshall and President Thomas Jefferson, cousins from the Virginia elite whose differing visions of America set the tone for the Court's first hundred years. The tale continues after the Civil War with Justices John Marshall Harlan and Oliver Wendell Holmes, who clashed over the limits of majority rule. Rosen then examines the Warren Court era through the lens of the liberal icons Hugo Black and William O. Douglas, for whom personality loomed larger than ideology. He concludes with a pairing from our own era, the conservatives William H. Rehnquist and Antonin Scalia, only one of whom was able to build majorities in support of his views. Through these four rivalries, Rosen brings to life the perennial conflict that has animated the Court—between those justices guided by strong ideology and those who forge coalitions and adjust to new realities. He illuminates the relationship between judicial temperament and judicial success or failure. The stakes are nothing less than the future of American jurisprudence.
I Cannot express, my beloved son Laurentius, the delight with which I witness your progress in knowledge, and the earnest desire I have that you should be a wise man: not one of those of whom it is said, “Where is the wise? where is the scribe? where is the disputer of this world? hath not God made foolish the wisdom of this world?” but one of those of whom it is said, “The multitude of the wise is the welfare of the world,” and such as the apostles wishes those to become, whom he tells,” I would have you wise unto that which is good, and simple concerning evil.” Now, just as no one can exist of himself, so no one can be wise of himself, but only by the enlightening influence of Him of whom it is written,” All wisdom cometh from the Lord.” Aeterna Press
Networks and States
Author: Milton L. Mueller
Publisher: MIT Press
When the prevailing system of governing divides the planet into mutually exclusive territorial monopolies of force, what institutions can govern the Internet, with its transnational scope, boundless scale, and distributed control? Given filtering/censorship by states and concerns over national cybersecurity, it is often assumed that the Internet will inevitably be subordinated to the traditional system of nation-states. In Networks and States, Milton Mueller counters this, showing how Internet governance poses novel and fascinating governance issues that give rise to a global politics and new transnational institutions. Drawing on theories of networked governance, Mueller provides a broad overview of Internet governance from the formation of ICANN to the clash at the World Summit on the Information Society (WSIS), the formation of the Internet Governance Forum, the global assault on peer-to-peer file sharing, and the rise of national-level Internet control and security concerns. Internet governance has become a source of conflict in international relations. Networks and States explores the important role that emerging transnational institutions could play in fostering global governance of communication-information policy.
Author: Louis Fisher
Publisher: Princeton University Press
Who makes constitutional law? Is constitutional doctrine the monopoly of the courts? In accessible and persuasive prose Louis Fisher explains that constitutional law is not solely or even primarily the Supreme Court's "final word" but rather a richly political convergence of separate interpretations. With a broad range of examples, he argues that constitutional principles emerge from a dialogue among all three branches of government--executive, legislative, and judicial. Important contributions also come from the states and the general public. Fisher identifies executive and legislative initiatives in many areas of constitutional significance. Where there is litigation, the Court generally upholds these initiatives or may avoid making a constitutional decision by using "threshold devices." On those rare occasions when the Supreme Court exercises judicial review and strikes down a presidential or congressional action, it is usually only a matter of time before the proposal is revived and the dialogue begins again. Originally published in 1988. The Princeton Legacy Library uses the latest print-on-demand technology to again make available previously out-of-print books from the distinguished backlist of Princeton University Press. These editions preserve the original texts of these important books while presenting them in durable paperback and hardcover editions. The goal of the Princeton Legacy Library is to vastly increase access to the rich scholarly heritage found in the thousands of books published by Princeton University Press since its founding in 1905.
This text provides an introduction to U.S. law. It is intended for law students, lawyers, and legal scholars from foreign countries; U.S. non-law graduate and undergraduate college students; and anyone else who seeks a "big picture" of the law and legal system, including U.S. law students. Not a casebook, it explains the major substantive areas of the law in narrative form and includes citations to cases and sources for additional detail. In addition, the book has chapters on the essential basic history and governmental structure necessary to understand the legal system; the legal profession; the theory and practice of the adversary system of justice; and statutory interpretation and caselaw reasoning.