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Articles 1 à 20 sur 898
Par Thomas Sowell. 1980
With a new preface by the author, this reissue of Thomas Sowell's classic study of decision making updates his seminal…
work in the context of The Vision of the Annointed, Sowell, one of America's most celebrated public intellectuals, describes in concrete detail how knowledge is shared and disseminated throughout modern society. He warns that society suffers from an ever-widening gap between firsthand knowledge and decision makinga gap that threatens not only our economic and political efficiency, but our very freedom because actual knowledge gets replaced by assumptions based on an abstract and elitist social vision f what ought to be.Knowledge and Decisions, a winner of the 1980 Law and Economics Center Prize, was heralded as a ”landmark work” and selected for this prize ”because of its cogent contribution to our understanding of the differences between the market process and the process of government.” In announcing the award, the center acclaimed Sowell, whose ”contribution to our understanding of the process of regulation alone would make the book important, but in reemphasizing the diversity and efficiency that the market makes possible, [his] work goes deeper and becomes even more significant.”Par Patrick Wohl. 2024
When an obscure primary election met the culture wars In 1990, a suburban Chicago race for the Republican Party nomination…
for state representative unexpectedly became a national proxy battle over abortion in the United States. But the hard-fought primary also illustrated the overlooked importance of down-ballot contests in America’s culture wars. Patrick Wohl offers the dramatic account of a rollercoaster campaign that, after attracting political celebrities and a media circus, came down to thirty-one votes, a coin toss to determine the winner, and a recount fight that set a precedent for how to count dimpled chads. As the story unfolds, Wohl provides a rare nuts-and-bolts look at an election for state office from its first days through the Illinois Supreme Court decision that decided the winner--and set the stage for a decisive 1992 rematch. A compelling political page-turner, Down Ballot takes readers behind the scenes of a legendary Illinois election.Par Mathew John, Vishwas H. Devaiah, Pritam Baruah, Moiz Tundawala, Niraj Kumar. 2023
This yearbook is a compilation of thematically arranged essays that critically analyse emerging developments, issues, and perspectives in the field…
of comparative law. It comprises three parts wherein the first part focuses on public law and its related issues, the second part engages with issues in the field of private law, and the third part discusses general themes in comparative law. The yearbook includes papers on comparative study between universalism and Asian exceptionalism under human rights perspective, reclaiming the German concept of the rule of law “Rechtsstaat”, the Guarantee Clause in global constitutionalism, administrative justice, constitution and culture, and the category of the ’stranger’ in modern legal and political thought. The Yearbook touches upon various issues, e.g., forest protection and the idea of Justice, the application of defamation law on politicians, the intersection of customary law relating to child marriage in different countries, hybrid statehood and Buddhist nationalism. Further, scholarly work on the themes of comparative law, customary law, environmental law, and constitutional law is also highlighted.The yearbook intends to seamlessly tie together discussions on both public and private law aspects of comparative law. It encourages readers to gain a nuanced understanding of the working of the law, legal systems and legal cultures while aiding deliberations on the constituents of an ideal system of law.Par Elana Stein Hain. 2024
Circumventing the Law probes the rabbinic logic behind the use of loopholes, the legal phenomenon of finding and using gaps…
within law to achieve otherwise illegal outcomes. The logic of ha’aramah, a subset of rabbinic legal circumventions mostly defined as a tool for private life, underpins both well-known circumventions, such as selling leaven before Passover, and lesser-known mechanisms, such as designating an animal intended for sacrifice “blemished” before birth to allow it to be slaughtered for food instead. Elana Stein Hain traces the development of these loopholes over time, revealing that rabbinic literature does not consistently accept or reject loopholes. Instead, rabbinic Judaism applies categories of evasion (prohibited), avoidance (permitted), and avoision (contested) to loopholes on a case-by-case basis. The intended outcome of a given loophole determines its classification, as does the legal integrity of the circumventive process in question.Yet these understandings of loopholes are not static—instead, rabbinic attitudes toward loopholing change over time. Early works display an objective, performative understanding of the self and of intention, but evolve over time to reflect more subjective and intimate understanding of the self and intention. This evolution redefines what legal integrity means in Jewish legal philosophy.Circumventing the Law brings readers through the Second Temple period to the modern era to see how loopholing has evolved over millennia. With a focus on late antiquity, Stein Hain explores tannaitic literature, the Palestinian Talmud, and contemporaneous Greco-Roman and Persian thought to show that when warranted, Jewish rhetoric and philosophy around understandings of loopholes was a unique phenomenon that relied on changes in understanding the definition of integrity itself, a key finding for scholars of Jewish Studies and of religious and of secular law writ large.Par Kasper Drazewski. 2024
Can we regulate something that doesn’t exist yet? Can Europe create its own Silicon Valley? Who gets to create technological…
value in today’s world? Whatever happened to the once-flourishing idea of rags to riches? Will new and exciting innovations only ever come from big tech companies? Can the EU establish its own flexible framework for boosting innovation, e.g. by facilitating the transformative use of technologies and data?This book seeks to answer these questions by exploring the differences in copyright culture in Europe and the United States, with its flexible fair use framework. The findings are anything but obvious, and decades of case law on both sides of the Atlantic tell a story of judges going to great lengths to deal with new challenges while navigating the imperfections of statutory law – both where it is too broadly formulated and where it is too prescriptive.How can the population’s creative potential best be fostered? What do software innovations have in common with the evolution of living organisms? What are the vulnerabilities of distributed creativity? Answers are sought in the processes that came into being during the early years of the digital revolution and were then forced to take a back seat as control of the means of production was increasingly placed in the hands of tech companies. The findings and insights presented here are highly relevant for today’s digital policymaking. Market concentration processes in innovation haven’t ceased; they are ongoing. And in an age where data-driven services are creating and reinforcing global oligopolies, the question posed by the U.S. Supreme Court in Google v. Oracle is now more relevant than ever: who should hold the keys to digital innovation?Par Andrew Gumbel. 2016
The updated edition of Steal This Vote—a rollicking history of US voter suppression and fraud from Jacksonian democracy to Citizens…
United and beyond. In Down for the Count, award-winning journalist Andrew Gumbel explores the tawdry history of elections in the United States. From Jim Crow to Tammany Hall to the Bush v. Gore Florida recount, it is a chronicle of votes bought, stolen, suppressed, lost, miscounted, thrown into rivers, and litigated up to the Supreme Court. Gumbel then uses this history to explain why America is now experiencing the biggest backslide in voting rights in more than a century. First published in 2005 as Steal This Vote, this thoroughly revised and updated edition reveals why America faces so much trouble running clean, transparent elections. And it demonstrates how the partisan battles now raging over voter IDs, campaign spending, and minority voting rights fit into a long, largely unspoken tradition of hostility to the very notion of representative democracy. Interviewing Democrats, Republicans, and a range of voting rights activists, Gumbel offers an engaging and accessible analysis of how our democratic integrity is so often corrupted by racism, money, and power. In an age of high-stakes electoral combat, billionaire-backed candidacies, and bottom-of-the-barrel campaigning, this book is more important than ever. &“In a riveting and frightening account, Gumbel . . . traces election fraud in America from the 18th century to the present . . . [the issues he] so winningly addresses are crucial to the future of democracy.&” —Publishers Weekly, on Steal This VotePar Bede Harris. 2024
This book examines whether Australia’s constitution should be reformed so as to enable the country to fulfil its obligations under…
the United Nations Declaration on the Rights of Indigenous Peoples, which it ratified in 2009. The book surveys the history of the constitutional status of Australia’s Indigenous peoples from the time of colonisation through to the current debate on ‘Indigenous constitutional recognition’. However, it argues that the term ‘Indigenous constitutional recognition', implying that mere acknowledgement of the existence of Indigenous peoples is sufficient to meet their legitimate expectations, misrepresents the nature of the project the country needs to engage in. The book argues that Australia should instead embark upon a reform programme directed towards substantive, and not merely symbolic, constitutional change. It argues that only by the inclusion in the constitution of enforceable constitutional rights can the power imbalance between Indigenous Australians and the rest of society be addressed. Taking a comparative approach and drawing upon the experience of other jurisdictions, the book proposes a comprehensive constitutional reform programme, and includes the text of constitutional amendments designed to achieve the realisation of the rights of Australia’s Indigenous peoples. It ends with a call to improve the standard of civics education so as to overcome voter apprehension towards constitutional change.Par Daniel Briggs, Luke Telford, Anthony Lloyd, Anthony Ellis. 2023
Based upon global data and following on from Lockdown: Social Harm in the COVID-19 Era, this book discusses the rise of surveillance…
capitalism and new forms of control and exclusion throughout the Covid-19 pandemic. It particularly addresses the use of vaccine passports, mandates and the new forms of capital extraction and political control that emerged throughout the pandemic. The book also explicates how the ‘vaccine hesitant’ became marginalized in both mainstream discourse and through regulatory interventions. Whilst the book addresses the wider political economy within which so-called ‘anti-vaxxers’ were ostracized, it also explores the complex nature of their sentiments. The book closes by considering The New Futures of Exclusion, outlining the forms of surveillance and control that may be implemented in the future particularly in light of the challenges brought by global warming and the energy transition. It is a broadly accessible text, particularly appealing to policymakers, general readers and academics in sociology, political sociology, politics, human geography, political economy, criminology, social policy, psychology, history, and infectious diseases and medicine.Par José Franco-Chasán. 2023
Pedro Dorado Montero was one of Spain’s most relevant authors. He contributed to modern Criminal law and Penology with a…
very unique theory: the Protective Law for Criminals. In a time when neoclassical penal theories and new positivist theories clashed, Dorado Montero’s proposal served as a bridge between the criminal law conceptions of the 19th and 20th centuries.In order to explore his role in the introduction of positivism within Spain and the subsequent success of this trend, this book addresses several aspects. The first three analyzed are his scholarly career, the historical and international context in which he lived, and the various European and other international influences he was exposed to. On this basis, two major points are then discussed.Firstly, Dorado Montero has been traditionally included within the movement known as correccionalismo. However, his legal-philosophical and criminal thought indicates otherwise. It seems to lie closer to positivism than to neoclassical positions. This research aims at challenging the accuracy of the ‘eclectic’ label which traditional historiography has applied to him.In turn, Dorado Montero described a reality in which every moral value and legal representation was a mere product of mankind’s imagination. Man is responsible for the elaboration of morals, law and culture in his own mind. Thus, for him, there were as many moral and legal orders as there were human beings on the planet. Such a claim is polemic even today. Unsurprisingly, the author received criticism from both neoclassical and positivist schools. Thus, the existence of a ‘Doradian positivism’ is explored. Despite the growing interest in these topics over the last few decades, Dorado Montero has somehow been overlooked – even though his Derecho protector de los criminales described the criminal law of the future as well, one that will have to face the new neurological, medical, psychological and genetic challenges of our time.Par Steven D. Jamar, Lateef Mtima. 2024
Par Thomas Brewer. 2023
This textbook introduces and explains the issues around climate change and its mitigation. It includes topics across disciplines and can…
be used as a single-volume text by students studying a range of subjects. Among the topics included are: ·How to adopt significant mitigation measures now to avoid the most catastrophic long-term consequences of climate change.·Reducing the rates of highly potent, short-lived emissions of methane gas and black carbon particulates—reductions that are necessary to meet the temperature targets of the Paris Agreements.·Implementing wide-ranging adaptation measures to reduce the deaths and economic costs of extreme heat waves, droughts, wildfires, hurricanes, and floods.·Recognizing the unusually rapid warming in the Arctic, which is disrupting weather patterns in the northern hemisphere and currents in the Atlantic Ocean, causing world-wide sea-level rise, and also causing methane leaks in the Arctic region—leaks that could eventually lead to irreversible global warming consequences. Meeting these challenges effectively requires action by both governments and businesses. The book examines the national and local governmental policies—and business practices—that are needed in sector-specific chapters. An objective of the book is to inform readers about specific problems resulting from climate change—and the wide range of potential government policies and business practices, changes in technologies, and changes in public attitudes and actions that can reduce the emissions and otherwise lessen their impacts. Indeed, a central message is that understanding the issues posed by climate change requires no less than an understanding of climate science, micro- and macro-economics, technologies for mitigation and adaptation measures, as well as politics and law at many governmental levels from local to global. The author has included short case studies that illustrate and integrate multiple analytic perspectives. The book is therefore appropriate for students, professionals, and general audiences with wide-ranging interests and backgrounds.Par Egan K. Green, Ronald G. Lynch, Scott R. Lynch. 2024
The Police Manager provides a roadmap for the challenges that police administrators face in their day-to-day duties, including considerations for…
dealing with subordinate officers and for interacting with the public. Covering a wide range of topics, from fiscal management to use-of-force policies, this text prepares readers for the tasks that police managers are confronted with. Readers benefit by gaining a thorough understanding of the complexities involved in an occupation that creates demands from the public, from public officials, and from other police officers. The book delivers information on these issues, with chapters dedicated to leadership styles and planning for leadership loss, as well civil liability considerations. New material in this edition covers specific challenges for small and underexamined police agencies such as university police departments. The Police Manager is an ideal textbook for college students hoping to work in police administration in the future, and is useful for current police managers who know that their jobs require a constant influx of ideas for overcoming new challenges.Par Bradley D. Edwards, Lawrence F. Travis III. 2024
Introduction to Criminal Justice, Tenth Edition, offers a student-friendly description of the criminal justice process—outlining the decisions, practices, people, and…
issues involved. It provides a solid introduction to the mechanisms of the criminal justice system, with balanced coverage of the issues presented by each facet of the process, including a thorough review of practices and controversies in law enforcement, the criminal courts, and corrections. In this revision, Edwards updates the statistics and research findings throughout. New sections include the impact of the COVID-19 pandemic, the recent shift to NIBRS crime reporting, and the increasing attacks on the legitimacy of the criminal justice system. This edition has also expanded coverage of police use of force and technological improvements. Selected chapters now include a case study box to demonstrate how certain laws, programs, and technologies have been used in particular situations. Appropriate for all U.S. criminal justice programs, this text offers great value for students and instructors.Par Jacqueline R. Kanovitz, Jefferson L. Ingram, Christopher J. Devine. 2024
Constitutional Law for Criminal Justice, Sixteenth Edition, offers criminal justice professionals the training they need to recognize the constitutional principles…
that apply to their daily work. Jacqueline R. Kanovitz, Jefferson L. Ingram, and Christopher J. Devine provide a comprehensive, well-organized, and up-to-date analysis of constitutional issues that affect the U.S. justice system. Chapter 1 of Part I summarizes the organization and content of the Constitution, the Bill of Rights, and the Fourteenth Amendment. The next eight chapters cover the constitutional principles that regulate investigatory detentions, traffic stops, arrests, use of force, search and seizure, technologically assisted surveillance, the Wiretap Act, interrogations and confessions, self-incrimination, witness identification procedures, the right to counsel, procedural safeguards during criminal trials, First Amendment issues relevant to law enforcement, and capital punishment. The final chapter covers the constitutional rights of criminal justice professionals in the workplace, their protection under Title VII of the Civil Rights Act, and their accountability under 42 U.S.C. § 1983 for violating the constitutional rights of others. Part II contains abstracts of key judicial decisions exemplifying how the doctrines covered in earlier chapters are being applied by the courts. The combination of text and cases creates flexibility in structuring class time. This book makes complex concepts accessible to students in all levels of criminal justice education. The chapters begin with an outline and end with a summary. Key Terms and Concepts are defined in the Glossary. Tables, figures, and charts are used to synthesize and simplify information. The result is an incomparably clear, student-friendly textbook that has remained a leader in criminal justice education for more than 50 years. The accompanying Instructor and Student Resources website provides free digital materials designed to test student knowledge and save time when preparing lessons. Resources include: Student access to practical quizzes including multiple-choice and true-or-false questions, and case studies with interactive questions and answers to test and apply knowledge A downloadable comprehensive study guide, glossary, and appendix including the text of the United States Constitution to enhance understanding of each chapter alongside study Step-by-step Instructor Guides and premade lesson slides that correspond to the chapters in an editable format to saving valuable time on lesson preparation Instructor access to test-bank questions for further exam practiceThis book critically analyses the way in which traditional sociocultural and legal biases might be perpetuated against those with unknown…
– or unknowable – genetic ancestries. It looks to law and works of literature across differing eras and genres focussing upon such concepts as inherited stigma, illegitimacy, orphanisation, adoption, othering, reunion, and the ‘right’ to access truths that relate to one’s original identity. Law’s role in such matters is often limited (or usurped) by custom, practice, or lingering superstitious beliefs; the importance of oral and written testimony is therefore highlighted. Characters include abandoned or orphaned figures from folk and fairy tales, Romantic and Victorian monsters and heroes, Dickensian waifs, Edwardian rescue orphans, and dystopia-set ‘rebels.‘ Their insights and experiences are mirrored in various present day scenarios that speak to familial human rights abuses, not least forced adoptions and bars on accessing original information. This cross-disciplinary book drawing on Law, Literature, Sociology, Critical Adoption Studies should be of interest to those interested in and those who have been affected in some way by adoption, origin deprivation, or reunion.Par Mortimer Sellers, Stephan Kirste. 2023
This encyclopedia covers all topics in the philosophy of law and social philosophy, including the history, theory, and leading theorists…
in both fields. Featuring specially commissioned entries by an international team of the world's most respected scholars, including more than 700 entries ensuring its place as the definitive reference work on the Philosophy of Law and Social Philosophy.The encyclopedia provides: 1) a clear concise expert definition and explanation of the key concepts in the field, written by leading scholars; 2) an essential reference for experts and newcomers alike, with entries ranging from short definitions of key terms to extended explorations of major topics; 3) an investigation of questions that have traditionally defined the field, but also more recent developments, significantly updating the fields of the philosophy of law and social philosophy; 4) introductions to theories and research developed in all the world's languages and legal traditions.The Lived Experiences of Claiming Wrongful Conviction in Prison focuses on the lived experience of maintaining innocence in the prison…
environment and highlights the struggles and pain that such a claim can cause. Using the little utilised means of conducting an interview via a series of letters, the book details the experiences of 64 prisoners maintaining innocence in England and Wales, and examines in depth what is unique to this population. The chapters cover coping mechanisms, relationships maintained with relatives, relationships formed with prisoners and staff, and the perceived effect of their claims on matters of progression and parole. It draws on material from criminology, sociology, law, and psychology to provide a holistic account of this population’s experiences. The Lived Experiences of Claiming Wrongful Conviction in Prison will be of great interest to students and scholars across the disciplines of criminology, criminal justice, law, sociology, and psychology.Par Richard L. Abel. 2024
Chronicling and analyzing resistance to the threat that autocracy poses to American liberal democracy, this book provides the definitive account…
of Trump’s assault on truth and his populist attacks on expertise, as well as scientific and legal opposition to them. This book is about the threat of autocracy, which antedated Donald Trump and will persist after he leaves the stage. Pandering to populists, autocrats attack professional expertise in an Orwellian world, where “ignorance is strength” and where, as Hannah Arendt wrote, people “believe everything and nothing.” Trump sought to inflame xenophobia by blaming China for the pandemic and closing U.S. borders, then declaring victory and, when that proved premature, wrongly blaming the number of tests for escalating cases. He sought to muzzle government scientists and denounced those who defied or evaded his directives as members of the “deep state,” preferring to rely on inexpert buddies. He elevated obscure scientists who promoted quack cures and opposed effective preventive measures while sidelining the few reputable experts, who nevertheless courageously resisted political interference. In addition to these, as this book documents, independent scientists, scientific journals and professional associations also outspoken, often more so. Even the pharmaceutical industry sought to preserve the integrity of a federal bureaucracy that assured the public the drugs they consumed were safe and efficacious. Following Trump’s numerous efforts to distort and undermine expertise, this book describes and evaluates the resilience of scientific and legal defenses of truth. This definitive account and analysis of the Trump’s populist rejection of truth and expertise will appeal to scholars, students and others with interests in politics, populism and the rule of law and, more specifically, to those concerned with resisting the threat that autocracy poses to liberal democracy.Par Giuditta Cordero-Moss. 2024
Par Saqib Khan. 2024
This book is a historical study of the development of agrarian class relations among the tribal population in Tripura. Tracing…
the evolution of Tripura and its agrarian relations from monarchy in the nineteenth century to democracy in the twentieth century, the book discusses the nature of the erstwhile princely state of Tripura, analyses the emergence of differentiation within tribes, and documents the emergence of the tribal movement in the state. It specifically focuses on the tribal movement led by the Ganamukti Parishad, beginning with the historic revolt of 1948-51 against state repression on the tribal people, followed by the mass movements in the 1950s and 1960s, which were founded on a recognition of class relations and the slogan of unity across the tribal and non-tribal (Bengali) peasantry. The first of its kind, the book will be indispensable for students and researchers of tribal studies, agrarian studies, exclusion studies, tribe-class relationships, minority studies, sociology, development studies, history, political science, north-east India studies, and South Asian studies. It will also be useful for activists and policymakers working in the area.