Law Without Nations?
Title | Law Without Nations? PDF eBook |
Author | Jeremy A. Rabkin |
Publisher | Princeton University Press |
Total Pages | 366 |
Release | 2005 |
Genre | Law |
ISBN | 9780691095301 |
What authority does international law really have for the United States? When and to what extent should the United States participate in the international legal system? This forcefully argued book by legal scholar Jeremy Rabkin provides an insightful new look at this important and much-debated question. Americans have long asked whether the United States should join forces with institutions such as the International Criminal Court and sign on to agreements like the Kyoto Protocol. Rabkin argues that the value of international agreements in such circumstances must be weighed against the threat they pose to liberties protected by strong national authority and institutions. He maintains that the protection of these liberties could be fatally weakened if we go too far in ceding authority to international institutions that might not be zealous in protecting the rights Americans deem important. Similarly, any cessation of authority might leave Americans far less attached to the resulting hybrid legal system than they now are to laws they can regard as their own. Law without Nations? traces the traditional American wariness of international law to the basic principles of American thought and the broader traditions of liberal political thought on which the American Founders drew: only a sovereign state can make and enforce law in a reliable way, so only a sovereign state can reliably protect the rights of its citizens. It then contrasts the American experience with that of the European Union, showing the difficulties that can arise from efforts to merge national legal systems with supranational schemes. In practice, international human rights law generates a cloud of rhetoric that does little to secure human rights, and in fact, is at odds with American principles, Rabkin concludes. A challenging and important contribution to the current debates about the meaning of multilateralism and international law, Law without Nations? will appeal to a broad cross-section of scholars in both the legal and political science arenas.
Order without Law
Title | Order without Law PDF eBook |
Author | Robert C. ELLICKSON |
Publisher | Harvard University Press |
Total Pages | 317 |
Release | 2009-06-30 |
Genre | Law |
ISBN | 0674036433 |
Integrating the current research in law, economics, sociology, game theory and anthropology, this text demonstrates that people largely govern themselves by means of informal rules - social norms - without the need for a state or other central co-ordinator to lay down the law.
Americans Without Law
Title | Americans Without Law PDF eBook |
Author | Mark S. Weiner |
Publisher | NYU Press |
Total Pages | 207 |
Release | 2008-12 |
Genre | Law |
ISBN | 0814793657 |
Americans Without Law shows how the racial boundaries of civic life are based on widespread perceptions about the relative capacity of minority groups for legal behavior, which Mark S. Weiner calls “juridical racialism.” The book follows the history of this civic discourse by examining the legal status of four minority groups in four successive historical periods: American Indians in the 1880s, Filipinos after the Spanish-American War, Japanese immigrants in the 1920s, and African Americans in the 1940s and 1950s. Weiner reveals the significance of juridical racialism for each group and, in turn, Americans as a whole by examining the work of anthropological social scientists who developed distinctive ways of understanding racial and legal identity, and through decisions of the U.S. Supreme Court that put these ethno-legal views into practice. Combining history, anthropology, and legal analysis, the book argues that the story of juridical racialism shows how race and citizenship served as a nexus for the professionalization of the social sciences, the growth of national state power, economic modernization, and modern practices of the self.
Law Without Future
Title | Law Without Future PDF eBook |
Author | Professor Jack Jackson |
Publisher | |
Total Pages | 0 |
Release | 2024-08-27 |
Genre | Law |
ISBN | 9781512826876 |
As the 2000 decision by the Supreme Court to effectively deliver the presidency to George W. Bush recedes in time, its real meaning comes into focus. If the initial critique of the Court was that it had altered the rules of democracy after the fact, the perspective of distance permits us to see that the rules were, in some sense, not altered at all. Here was a "landmark" decision that, according to its own logic, was applicable only once and that therefore neither relied on past precedent nor lay the foundation for future interpretations. This logic, according to scholar Jack Jackson, not only marks a stark break from the traditional terrain of U.S. constitutional law but exemplifies an era of triumphant radicalism and illiberalism on the American Right. In Law Without Future, Jackson demonstrates how this philosophy has manifested itself across political life in the twenty-first century and locates its origins in overlooked currents of post-WWII political thought. These developments have undermined the very idea of constitutional government, and the resulting crisis, Jackson argues, has led to the decline of traditional conservatism on the Right and to the embrace on the Left of a studiously legal, apolitical understanding of constitutionalism (with ironically reactionary implications). Jackson examines Bush v. Gore, the post-9/11 "torture memos," the 2005 Terri Schiavo controversy, the Republican Senate's norm-obliterating refusal to vote on President Obama's Supreme Court nominee Merrick Garland, and the ascendancy of Donald Trump in developing his claims. Engaging with a wide array of canonical and contemporary political thinkers--including St. Augustine, Alexis de Tocqueville, Karl Marx, Martin Luther King Jr., Hannah Arendt, Wendy Brown, Ronald Dworkin, and Hanna Pitkin--Law Without Future offers a provocative, sobering analysis of how these events have altered U.S. political life in the twenty-first century in profound ways--and seeks to think beyond the impasse they have created.
Justice Without Law?
Title | Justice Without Law? PDF eBook |
Author | Jerold S. Auerbach |
Publisher | Oxford University Press, USA |
Total Pages | 199 |
Release | 1984 |
Genre | History |
ISBN | 0195034473 |
An examination of various types of litigation - arbitration, mediation, and conciliation.
The Color of Law: A Forgotten History of How Our Government Segregated America
Title | The Color of Law: A Forgotten History of How Our Government Segregated America PDF eBook |
Author | Richard Rothstein |
Publisher | Liveright Publishing |
Total Pages | 246 |
Release | 2017-05-02 |
Genre | Social Science |
ISBN | 1631492861 |
New York Times Bestseller • Notable Book of the Year • Editors' Choice Selection One of Bill Gates’ “Amazing Books” of the Year One of Publishers Weekly’s 10 Best Books of the Year Longlisted for the National Book Award for Nonfiction An NPR Best Book of the Year Winner of the Hillman Prize for Nonfiction Gold Winner • California Book Award (Nonfiction) Finalist • Los Angeles Times Book Prize (History) Finalist • Brooklyn Public Library Literary Prize This “powerful and disturbing history” exposes how American governments deliberately imposed racial segregation on metropolitan areas nationwide (New York Times Book Review). Widely heralded as a “masterful” (Washington Post) and “essential” (Slate) history of the modern American metropolis, Richard Rothstein’s The Color of Law offers “the most forceful argument ever published on how federal, state, and local governments gave rise to and reinforced neighborhood segregation” (William Julius Wilson). Exploding the myth of de facto segregation arising from private prejudice or the unintended consequences of economic forces, Rothstein describes how the American government systematically imposed residential segregation: with undisguised racial zoning; public housing that purposefully segregated previously mixed communities; subsidies for builders to create whites-only suburbs; tax exemptions for institutions that enforced segregation; and support for violent resistance to African Americans in white neighborhoods. A groundbreaking, “virtually indispensable” study that has already transformed our understanding of twentieth-century urban history (Chicago Daily Observer), The Color of Law forces us to face the obligation to remedy our unconstitutional past.
Law Without Values
Title | Law Without Values PDF eBook |
Author | Albert W. Alschuler |
Publisher | University of Chicago Press |
Total Pages | 340 |
Release | 2000 |
Genre | Biography & Autobiography |
ISBN | 9780226015217 |
Albert Alschuler's study of Holmes is very different from other books about him, in that it is an exercise in debunking him.