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Author: Keith E. Whittington
Publisher:
Published: 2012
Total Pages: 0
ISBN-13: 9780415680356
DOWNLOAD EBOOK →A new title in the Routledge Major Works series, Critical Concepts in Political Science, this is a four-volume collection of cutting-edge and canonical research on law and politics.
Author: Keith E. Whittington
Publisher: OUP Oxford
Published: 2010-06-11
Total Pages: 828
ISBN-13: 0191616281
DOWNLOAD EBOOK →The study of law and politics is one of the foundation stones of the discipline of political science, and it has been one of the most productive areas of cross-fertilization between the various subfields of political science and between political science and other cognate disciplines. This Handbook provides a comprehensive survey of the field of law and politics in all its diversity, ranging from such traditional subjects as theories of jurisprudence, constitutionalism, judicial politics and law-and-society to such re-emerging subjects as comparative judicial politics, international law, and democratization. The Oxford Handbook of Law and Politics gathers together leading scholars in the field to assess key literatures shaping the discipline today and to help set the direction of research in the decade ahead.
Author: Leslie Johns
Publisher: Cambridge University Press
Published: 2022-06-09
Total Pages: 583
ISBN-13: 1108833705
DOWNLOAD EBOOK →Teaches how and why states make, break, and uphold international law using accessible explanations and contemporary international issues.
Author: Herbert Jacob
Publisher: Yale University Press
Published: 1996-01-01
Total Pages: 420
ISBN-13: 9780300063790
DOWNLOAD EBOOK →This comprehensive book compares the intersection of political forces and legal practices in five industrial nations--the United States, England, France, Germany, and Japan. The authors, eminent political scientists and legal scholars, investigate how constitutional courts function in each country, how the adjudication of criminal justice and the processing of civil disputes connect legal systems to politics, and how both ordinary citizens and large corporations use the courts. For each of the five countries, the authors discuss the structure of courts and access to them, the manner in which politics and law are differentiated or amalgamated, whether judicial posts are political prizes or bureaucratic positions, the ways in which courts are perceived as legitimate forms for addressing political conflicts, the degree of legal consciousness among citizens, the kinds of work lawyers do, and the manner in which law and courts are used as social control mechanisms. The authors find that although the extent to which courts participate in policymaking varies dramatically from country to country, judicial responsiveness to perceived public problems is not a uniquely American phenomenon.
Author: Mauro Zamboni
Publisher: Springer Science & Business Media
Published: 2007-10-25
Total Pages: 171
ISBN-13: 3540739262
DOWNLOAD EBOOK →This book reconstructs and classifies, according to ideal-typical models, the different positions taken by the major contemporary legal theories as to whether and how law relates to politics. It presents a possible explanation as to why different legal theories, though often reaching diametric results, somehow must still begin from common basic points.
Author: David Dyzenhaus
Publisher: Duke University Press
Published: 1998
Total Pages: 340
ISBN-13: 9780822322443
DOWNLOAD EBOOK →Articles previously published in the Canadian journal of law and jurisprudence.
Author: Anne Orford
Publisher: Cambridge University Press
Published: 2021-08-05
Total Pages: 395
ISBN-13: 1108480942
DOWNLOAD EBOOK →Explores the ideological, political, and economic stakes of struggles over international law's history and its relation to empire and capitalism.
Author: Jonathan Sumption
Publisher: Profile Books
Published: 2019-08-29
Total Pages: 77
ISBN-13: 1782836225
DOWNLOAD EBOOK →A SUNDAY TIMES BESTSELLER In the past few decades, legislatures throughout the world have suffered from gridlock. In democracies, laws and policies are just as soon unpicked as made. It seems that Congress and Parliaments cannot forge progress or consensus. Moreover, courts often overturn decisions made by elected representatives. In the absence of effective politicians, many turn to the courts to solve political and moral questions. Rulings from the Supreme Courts in the United States and United Kingdom, or the European court in Strasbourg may seem to end the debate but the division and debate does not subside. In fact, the absence of democratic accountability leads to radicalisation. Judicial overreach cannot make up for the shortcomings of politicians. This is especially acute in the field of human rights. For instance, who should decide on abortion or prisoners' rights to vote, elected politicians or appointed judges? Expanding on arguments first laid out in the 2019 Reith Lectures, Jonathan Sumption argues that the time has come to return some problems to the politicians.
Author: Eileen Braman
Publisher: University of Virginia Press
Published: 2009-10-29
Total Pages: 258
ISBN-13: 0813928370
DOWNLOAD EBOOK →Are judges' decisions more likely to be based on personal inclinations or legal authority? The answer, Eileen Braman argues, is both. Law, Politics, and Perception brings cognitive psychology to bear on the question of the relative importance of norms of legal reasoning versus decision markers' policy preferences in legal decision-making. While Braman acknowledges that decision makers' attitudes—or, more precisely, their preference for policy outcomes—can play a significant role in judicial decisions, she also believes that decision-makers' belief that they must abide by accepted rules of legal analysis significantly limits the role of preferences in their judgements. To reconcile these competing factors, Braman posits that judges engage in "motivated reasoning," a biased process in which decision-makers are unconsciously predisposed to find legal authority that is consistent with their own preferences more convincing than those that go against them. But Braman also provides evidence that the scope of motivated reasoning is limited. Objective case facts and accepted norms of legal reasoning can often inhibit decision makers' ability to reach conclusions consistent with their preferences.
Author: Graeme Orr
Publisher: Routledge
Published: 2010
Total Pages: 292
ISBN-13: 9781862878037
DOWNLOAD EBOOK →This book is the first dedicated monograph on the law on democratic politics in Australia. It synthesises the law on elections, with a central focus on political parties, parliamentary elections and referenda at Federal and State levels.It unearths the rules that apply to elections and referenda, campaigning and political broadcasting, and political parties and money. It explains them in their political context and, while it draws on some local government case law, its focus is parliamentary politics. The longest chapter of the book is devoted to the role of courts in overseeing elections, particularly the jurisdiction of petitioning or challenging election outcomes.Orr uses all five sources of electoral law, its development, expression and interpretation, in Australia: constitutions; courts and tribunals; legislation; parliamentary committees; and electoral commissions. He documents the extraordinary detail of the legislation (there has to be a pencil in each electoral booth!) and the array of obscure cases the law has given rise to. Supported under a grant from The Law Foundation of South Australia.
