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Judging Law and Policy: Courts and Policymaking in the American Political System
by Amy Steigerwalt Robert M. HowardTo what extent do courts make social and public policy and influence policy change? This innovative text analyzes this question generally and in seven distinct policy areas that play out in both federal and state courts—tax policy, environmental policy, reproductive rights, sex equality, affirmative action, school finance, and same-sex marriage. The authors address these issues through the twin lenses of how state and federal courts must and do interact with the other branches of government and whether judicial policy-making is a form of activist judging. Each chapter uncovers the policymaking aspects of judicial process by investigating the current state of the law, the extent of court involvement in policy change, the responses of other governmental entities and outside actors, and the factors which influenced the degree of implementation and impact of the relevant court decisions. Throughout the book, Howard and Steigerwalt examine and analyze the literature on judicial policy-making as well as evaluate existing measures of judicial ideology, judicial activism, court and legal policy formation, policy change and policy impact. This unique text offers new insights and areas to research in this important field of American politics.
A Scientific Approach to Ethics: Developing Greater Respect for Ethics in Business and Society
by Maxim StorchevoyThis book suggests that normative ethics should be developed as a social science, and that this will improve its reputation in business and society. Storchevoy defines four criteria of a good scientific method (clear definitions, correct logic, empirical verification, accurate measurement) and demonstrates how normative ethics can make use of them. He provides a historical review of the methodological evolution of normative ethics and outlines how it was moving in a nonlinear way towards this scientific development by the 16th century. A Scientific Approach to Ethics challenges the reputation of ethics among many within business and business schools as unscientific and argues that it can come to be seen as a scientific discipline able to reveal universal moral truth.
A Scientific Approach to Ethics: Developing Greater Respect for Ethics in Business and Society
by Maxim StorchevoyThis book suggests that normative ethics should be developed as a social science, and that this will improve its reputation in business and society. Storchevoy defines four criteria of a good scientific method (clear definitions, correct logic, empirical verification, accurate measurement) and demonstrates how normative ethics can make use of them. He provides a historical review of the methodological evolution of normative ethics and outlines how it was moving in a nonlinear way towards this scientific development by the 16th century. A Scientific Approach to Ethics challenges the reputation of ethics among many within business and business schools as unscientific and argues that it can come to be seen as a scientific discipline able to reveal universal moral truth.
Economic Foundations of Law second edition
by Stephen SpurrEconomic Foundations of Law (2nd ed.) provides an economic analysis of the major areas of the law: property law, torts, contracts, criminal law, civil procedure, corporation law and financial markets, taxation and labor law. In line with current trends in legal scholarship, discussion is focused on economic principles such as risk aversion, efficiency, opportunity cost, moral hazard, rent-seeking behaviour and economies of scale. Accessible, comprehensive and well written, this book uses extensive practical examples and explanations to illustrate key points. There are numerous applications to lawyers and the legal profession, with detailed discussions of subjects as diverse as the proposed market for transplantable human organs, the market for adoptions, the market for bail bonds, the unanticipated effects of Megan’s law, and issues of racial profiling. Fully updated and revised, a new chapter on labor law has also been included.
Economic Foundations of Law second edition
by Stephen SpurrEconomic Foundations of Law (2nd ed.) provides an economic analysis of the major areas of the law: property law, torts, contracts, criminal law, civil procedure, corporation law and financial markets, taxation and labor law. In line with current trends in legal scholarship, discussion is focused on economic principles such as risk aversion, efficiency, opportunity cost, moral hazard, rent-seeking behaviour and economies of scale. Accessible, comprehensive and well written, this book uses extensive practical examples and explanations to illustrate key points. There are numerous applications to lawyers and the legal profession, with detailed discussions of subjects as diverse as the proposed market for transplantable human organs, the market for adoptions, the market for bail bonds, the unanticipated effects of Megan’s law, and issues of racial profiling. Fully updated and revised, a new chapter on labor law has also been included.
Ethical Issues in Youth Work
by Sarah BanksThis fully updated new edition of Ethical Issues in Youth Work presents a comprehensive overview and discussion of a range of ethical challenges facing youth workers in their everyday practice. The first part offers a clear outline of the nature of professional ethics, relevant ethical theories and an overview of the policy and organisational context of youth work. The second part is grounded firmly in practice, with experts in the field exploring specific issues that raise ethical difficulties for youth workers, such as: • when to breach confidentiality • information sharing in inter-professional contexts • the ethics of youth participation and active citizenship • how to balance the roles of control, empowerment and education • negotiating personal and professional values, interests and commitments in youth work • dilemmas for faith-based and black and minority ethnic workers • issues for practitioner researchers. Ethical Issues in Youth Work offers a timely and unique insight into both the dilemmas of youth work practice and some of the more recent challenges faced by youth workers and all those working with young people in the light of current public attitudes and government policies towards young people.
Ethical Issues in Youth Work
by Sarah BanksThis fully updated new edition of Ethical Issues in Youth Work presents a comprehensive overview and discussion of a range of ethical challenges facing youth workers in their everyday practice. The first part offers a clear outline of the nature of professional ethics, relevant ethical theories and an overview of the policy and organisational context of youth work. The second part is grounded firmly in practice, with experts in the field exploring specific issues that raise ethical difficulties for youth workers, such as: • when to breach confidentiality • information sharing in inter-professional contexts • the ethics of youth participation and active citizenship • how to balance the roles of control, empowerment and education • negotiating personal and professional values, interests and commitments in youth work • dilemmas for faith-based and black and minority ethnic workers • issues for practitioner researchers. Ethical Issues in Youth Work offers a timely and unique insight into both the dilemmas of youth work practice and some of the more recent challenges faced by youth workers and all those working with young people in the light of current public attitudes and government policies towards young people.
Commonwealth Caribbean Business Law
by Natalie Persadie Rajendra RamloganCommonwealth Caribbean Business Law breaks away from the traditional English approach of treating business law primarily as the law of contract and agency. The book takes a panoramic view of the foundation of various legal systems with a subsequent examination of different areas of legal liability that may affect business activities. These areas include contract law, agency, tort law, criminal law, and internet law as significant challenges confronting the business sector. The book primarily targets the development of business law in several Caribbean Commonwealth jurisdictions but also, where appropriate, embraces the jurisprudence of other Commonwealth nations such as the United Kingdom, Canada and Australia. With respect to internet law, the proliferation of judicial pronouncements emerging from the United States provided the platform for the only non-Commonwealth treatment of a topic. The approach of the book is to use excerpts from judgments so as to allow students, particularly the non-legal student, to understand legal principles as espoused by the judiciary without the filtering bias of authors.
Introduction to Critical Legal Theory
by Ian WardIntroduction to Critical Legal Theory provides an accessible introduction to the study of law and legal theory. It covers all the seminal movements in classical, modern and postmodern legal thought, engaging the reader with the ideas of jurists as diverse as Aristotle, Hobbes and Kant, Marx, Foucault and Dworkin. At the same time, it impresses the interdisciplinary nature of critical legal thought, introducing the reader to the philosophy, the economics and the politics of law. This new edition focuses even more intently upon the narrative aspect of critical legal thinking and the re-emergence of a distinctive legal humanism, as well as the various related challenges posed by our 'new' world order. Introduction to Critical Theory is a comprehensive text for both students and teachers of legal theory, jurisprudence and related subjects.
Introduction to Critical Legal Theory
by Ian WardIntroduction to Critical Legal Theory provides an accessible introduction to the study of law and legal theory. It covers all the seminal movements in classical, modern and postmodern legal thought, engaging the reader with the ideas of jurists as diverse as Aristotle, Hobbes and Kant, Marx, Foucault and Dworkin. At the same time, it impresses the interdisciplinary nature of critical legal thought, introducing the reader to the philosophy, the economics and the politics of law. This new edition focuses even more intently upon the narrative aspect of critical legal thinking and the re-emergence of a distinctive legal humanism, as well as the various related challenges posed by our 'new' world order. Introduction to Critical Theory is a comprehensive text for both students and teachers of legal theory, jurisprudence and related subjects.
Philosophy of Law: An Introduction
by Mark TebbitPhilosophy of Law: An Introduction provides an ideal starting point for students of philosophy and law. Setting it clearly against the historical background, Mark Tebbit quickly leads readers into the heart of the philosophical questions that dominate philosophy of law today. He provides an exceptionally wide-ranging overview of the contending theories that have sought to resolve these problems. He does so without assuming prior knowledge either of philosophy or law on the part of the reader. The book is structured in three parts around the key issues and themes in philosophy of law: What is the law? – the major legal theories addressing the question of what we mean by law, including natural law, legal positivism and legal realism. The reach of the law – the various legal theories on the nature and extent of the law’s authority, with regard to obligation and civil disobedience, rights, liberty and privacy. Criminal law – responsibility and mens rea, intention, recklessness and murder, legal defences, insanity and philosophies of punishment. This new third edition has been thoroughly updated to include assessments of important developments in philosophy and law in the early years of the twenty-first century. Revisions include a more detailed analysis of natural law, new chapters on common law and the development of positivism, a reassessment of the Austin–Hart dispute in the light of recent criticism of Hart, a new chapter on the natural law–positivist controversy over Nazi law and legality, and new chapters on criminal law, extending the analysis of the dispute over the viability of the defences of necessity and duress.
Philosophy of Law: An Introduction
by Mark TebbitPhilosophy of Law: An Introduction provides an ideal starting point for students of philosophy and law. Setting it clearly against the historical background, Mark Tebbit quickly leads readers into the heart of the philosophical questions that dominate philosophy of law today. He provides an exceptionally wide-ranging overview of the contending theories that have sought to resolve these problems. He does so without assuming prior knowledge either of philosophy or law on the part of the reader. The book is structured in three parts around the key issues and themes in philosophy of law: What is the law? – the major legal theories addressing the question of what we mean by law, including natural law, legal positivism and legal realism. The reach of the law – the various legal theories on the nature and extent of the law’s authority, with regard to obligation and civil disobedience, rights, liberty and privacy. Criminal law – responsibility and mens rea, intention, recklessness and murder, legal defences, insanity and philosophies of punishment. This new third edition has been thoroughly updated to include assessments of important developments in philosophy and law in the early years of the twenty-first century. Revisions include a more detailed analysis of natural law, new chapters on common law and the development of positivism, a reassessment of the Austin–Hart dispute in the light of recent criticism of Hart, a new chapter on the natural law–positivist controversy over Nazi law and legality, and new chapters on criminal law, extending the analysis of the dispute over the viability of the defences of necessity and duress.
Research Methods in Law
by Dawn WatkinsExplaining in clear terms some of the main methodological approaches to legal research, the chapters in this edited collection are written by specialists in their fields, researching in a variety of jurisdictions. Covering a range of topics from Feminist Approaches to Law and Economics, each contributor addresses the topic of ‘lay decision makers in the legal system’ from their particular methodological perspective, explaining how they would approach the issue and discussing the suitability of their particular method. This focus on one main topic allows the reader to draw comparisons between methods with relative ease. The broad range of contributors makes Research Methods in Law well suited to an international audience, and it is ideal reading for PhD students in law, undergraduate dissertation students in law, LL.M Research students and early year researchers.
Unlocking Equity and Trusts
by Mohamed RamjohnUnlocking Equity and Trusts will help you grasp the main concepts of Equity and Trusts with ease. Containing accessible explanations in clear and precise terms that are easy to understand, it provides an excellent foundation for learning and revising. The information is clearly presented in a logical structure and the following features support learning helping you to advance with confidence: Clear learning outcomes at the beginning of each chapter set out the skills and knowledge you will need to get to grips with the subject Key Facts summaries throughout each chapter allow you to progressively build and consolidate your understanding End-of-chapter summaries provide a useful check-list for each topic Cases and judgments are highlighted to help you find them and add them to your notes quickly Frequent activities and self-test questions are included so you can put your knowledge into practice Sample essay questions with annotated answers prepare you for assessment Glossary of legal terms clarifies important definitions The Unlocking the Law series is designed specifically to make the law accessible. Each chapter opens with a list of aims and objectives, and contains diagrams to aid learning. Cases and judgments are prominently displayed, as are primary source quotations. Summaries help check your understanding of each chapter, there is a glossary of legal terminology. New features include problem questions with guidance on answering, as well as essay questions and answer plans, plus cases and materials exercises. All titles in the series follow the same formula and include the same features so students can move easily from one subject to another. The series covers all the core subjects required by the Bar Council and the Law Society for entry onto professional qualifications as well as popular option units. The series website www.unlockingthelaw.co.uk provides free resources such as multiple choice questions, key questions and answers, revision podcasts and cases and materials exercises.
Unlocking Equity and Trusts
by Mohamed RamjohnUnlocking Equity and Trusts will help you grasp the main concepts of Equity and Trusts with ease. Containing accessible explanations in clear and precise terms that are easy to understand, it provides an excellent foundation for learning and revising. The information is clearly presented in a logical structure and the following features support learning helping you to advance with confidence: Clear learning outcomes at the beginning of each chapter set out the skills and knowledge you will need to get to grips with the subject Key Facts summaries throughout each chapter allow you to progressively build and consolidate your understanding End-of-chapter summaries provide a useful check-list for each topic Cases and judgments are highlighted to help you find them and add them to your notes quickly Frequent activities and self-test questions are included so you can put your knowledge into practice Sample essay questions with annotated answers prepare you for assessment Glossary of legal terms clarifies important definitions The Unlocking the Law series is designed specifically to make the law accessible. Each chapter opens with a list of aims and objectives, and contains diagrams to aid learning. Cases and judgments are prominently displayed, as are primary source quotations. Summaries help check your understanding of each chapter, there is a glossary of legal terminology. New features include problem questions with guidance on answering, as well as essay questions and answer plans, plus cases and materials exercises. All titles in the series follow the same formula and include the same features so students can move easily from one subject to another. The series covers all the core subjects required by the Bar Council and the Law Society for entry onto professional qualifications as well as popular option units. The series website www.unlockingthelaw.co.uk provides free resources such as multiple choice questions, key questions and answers, revision podcasts and cases and materials exercises.
Language and Law: A resource book for students (Routledge English Language Introductions)
by Alan Durant Janny HC LeungLanguage plays an essential role both in creating law and in governing its implementation. Providing an accessible and comprehensive introduction to this subject, Language and Law: describes the different registers and genres that make up spoken and written legal language and how they develop over time; analyses real-life examples drawn from court cases from different parts of the world, illustrating the varieties of English used in the courtroom by speakers occupying different roles; addresses the challenges presented to our notions of law and regulation by online communication; discusses the complex role of translation in bilingual and multilingual jurisdictions, including Hong Kong and Canada; and provides readings from key scholars in the discipline, including Lawrence Solan, Peter Goodrich, Marianne Constable, David Mellinkoff, and Chris Heffer. With a wide range of activities throughout, this accessible textbook is essential reading for anyone studying language and law or forensic linguistics. Sections A, B, and C of this book are freely available as a downloadable Open Access PDF under a Creative Commons Attribution-Non Commercial-No Derivatives 4.0 license available at http://www.taylorfrancis.com/books/e/9781315436258
Constitutional Futures Revisited: Britain's Constitution to 2020 (PDF)
by Robert HazellThe UK is going through a period of unprecedented constitutional change. There is much unfinished business, and further changes still to come. Where are these changes taking us? In this book, leading political scientists and lawyers forecast the impact of these changes on the UK's key institutions and the constitution as a whole.
Justice, Crime, and Ethics
by Michael C. Braswell Belinda R. McCarthy Bernard J. McCarthyJustice, Crime, and Ethics, a leading textbook in criminal justice programs, examines ethical dilemmas pertaining to the administration of criminal justice and professional activities in the field. This ninth edition continues to deliver a broad scope of topics, focusing on law enforcement, legal practice, sentencing, corrections, research, crime control policy, and philosophical issues. The book’s robust coverage encompasses contentious issues such as capital punishment, prison corruption, and the use of deception in police interrogation. The ninth edition includes new material on juvenile justice, corporate crime, and prosecutorial misconduct. The “Policy and Ethics” feature and new “Ethical Dilemma” feature added to most chapters illuminate the ethics of institutions as well as individuals. Students of criminal justice, as well as instructors and professionals in the field, continue to rely on this thorough, dependable resource on ethical decision making in the criminal justice system.
Constitutional & Administrative Law
by Hilaire BarnettHilaire Barnett’s Constitutional and Administrative Law has provided generations of students with reliable, accessible and comprehensive coverage of the Public Law syllabus. Mapped to the common course outline, it equips students with an understanding of the constitution’s past, present and future by analysing and illustrating the political and socio-historical contexts which have shaped the major legal rules and principles of public law, as well as on-going constitutional reform. The 12th edition will address key recent developments including: The referendum result on the UK’s membership of the EU and its ongoing impact on constitutional and administrative law The continuing process of devolution to the nations Terrorism and national security Future developments, particularly in relation to 'Brexit' will be discussed in regular updates to the companion website.
Constitutional & Administrative Law
by Hilaire BarnettHilaire Barnett’s Constitutional and Administrative Law has provided generations of students with reliable, accessible and comprehensive coverage of the Public Law syllabus. Mapped to the common course outline, it equips students with an understanding of the constitution’s past, present and future by analysing and illustrating the political and socio-historical contexts which have shaped the major legal rules and principles of public law, as well as on-going constitutional reform. The 12th edition will address key recent developments including: The referendum result on the UK’s membership of the EU and its ongoing impact on constitutional and administrative law The continuing process of devolution to the nations Terrorism and national security Future developments, particularly in relation to 'Brexit' will be discussed in regular updates to the companion website.
Contemporary Moral Issues: Diversity and Consensus
by Lawrence M. HinmanContemporary Moral Issues is an anthology that provides a selection of readings on contemporary social issues revolving around three general themes: Matters of Life and Death, Matters of Equality and Diversity, and Expanding the Circle, which includes duties beyond borders, living together with animals, and environmental ethics. The text contains a number of distinctive, high-profile readings and powerful narratives, including Jonathan Foer's "Eating Animals," Eva Feder Kittay's "On the Ethics of Selective Abortion for Disability," and Susan M. Wolf's "Confronting Assisted Suicide and Euthanasia: My Father's Death." Each set of readings is accompanied by an extensive introduction, a bibliographical essay, pre-reading questions, and discussion questions.
Morality and Moral Controversies: Readings in Moral, Social and Political Philosophy
by Steven Scalet John ArthurMorality and Moral Controversies provides students with the tools to understand the philosophical ideas that are shaping our world today. This comprehensive anthology includes classic and contemporary readings in moral theory and the most current applied ethics debates emphasizing international concerns. Through analyzing these readings such as Supreme Court decisions, students will grasp the scope of various philosophical discussions Supreme Court justices must have. Morality and Moral Controversies challenges readers to critically assess leading controversies in moral, social, and political philosophy. Upon completing this book, readers will be able to: Understand philosophical ideas that are shaping our world today. Confront conflicts faced when given the choice of morality. Apply various philosophical ideas to politics, religion, economics, relationships, and medicine. Discuss basic philosophical arguments.
Morality and Moral Controversies: Readings in Moral, Social and Political Philosophy
by Steven Scalet John ArthurMorality and Moral Controversies provides students with the tools to understand the philosophical ideas that are shaping our world today. This comprehensive anthology includes classic and contemporary readings in moral theory and the most current applied ethics debates emphasizing international concerns. Through analyzing these readings such as Supreme Court decisions, students will grasp the scope of various philosophical discussions Supreme Court justices must have. Morality and Moral Controversies challenges readers to critically assess leading controversies in moral, social, and political philosophy. Upon completing this book, readers will be able to: Understand philosophical ideas that are shaping our world today. Confront conflicts faced when given the choice of morality. Apply various philosophical ideas to politics, religion, economics, relationships, and medicine. Discuss basic philosophical arguments.
Social Media and the Law: A Guidebook for Communication Students and Professionals
by Daxton StewartSocial media platforms like Facebook, Twitter, Instagram, YouTube, and Snapchat allow users to connect with one another and share information with the click of a mouse or a tap on a touchscreen—and have become vital tools for professionals in the news and strategic communication fields. But as rapidly as these services have grown in popularity, their legal ramifications aren’t widely understood. To what extent do communicators put themselves at risk for defamation and privacy lawsuits when they use these tools, and what rights do communicators have when other users talk about them on social networks? How can an entity maintain control of intellectual property issues—such as posting copyrighted videos and photographs—consistent with the developing law in this area? How and when can journalists and publicists use these tools to do their jobs without endangering their employers or clients? Including two new chapters that examine First Amendment issues and ownership of social media accounts and content,?Social Media and the Law brings together thirteen media law scholars to address these questions and more, including current issues like copyright, online impersonation, anonymity, cyberbullying, sexting, and live streaming. Students and professional communicators alike need to be aware of laws relating to defamation, privacy, intellectual property, and government regulation—and this guidebook is here to help them navigate the tricky legal terrain of social media.
Social Media and the Law: A Guidebook for Communication Students and Professionals
by Daxton StewartSocial media platforms like Facebook, Twitter, Instagram, YouTube, and Snapchat allow users to connect with one another and share information with the click of a mouse or a tap on a touchscreen—and have become vital tools for professionals in the news and strategic communication fields. But as rapidly as these services have grown in popularity, their legal ramifications aren’t widely understood. To what extent do communicators put themselves at risk for defamation and privacy lawsuits when they use these tools, and what rights do communicators have when other users talk about them on social networks? How can an entity maintain control of intellectual property issues—such as posting copyrighted videos and photographs—consistent with the developing law in this area? How and when can journalists and publicists use these tools to do their jobs without endangering their employers or clients? Including two new chapters that examine First Amendment issues and ownership of social media accounts and content,?Social Media and the Law brings together thirteen media law scholars to address these questions and more, including current issues like copyright, online impersonation, anonymity, cyberbullying, sexting, and live streaming. Students and professional communicators alike need to be aware of laws relating to defamation, privacy, intellectual property, and government regulation—and this guidebook is here to help them navigate the tricky legal terrain of social media.