Legal and Political Texts PDF Download

Author:
Publisher:
ISBN:
Category :
Languages : en
Pages : 0

View

Book Description

Author: Cass R. Sunstein
Publisher: Oxford University Press
ISBN: 0195353498
Category : Law
Languages : en
Pages : 233

View

Book Description
The most glamorous and even glorious moments in a legal system come when a high court recognizes an abstract principle involving, for example, human liberty or equality. Indeed, Americans, and not a few non-Americans, have been greatly stirred--and divided--by the opinions of the Supreme Court, especially in the area of race relations, where the Court has tried to revolutionize American society. But these stirring decisions are aberrations, says Cass R. Sunstein, and perhaps thankfully so. In Legal Reasoning and Political Conflict, Sunstein, one of America's best known commentators on our legal system, offers a bold, new thesis about how the law should work in America, arguing that the courts best enable people to live together, despite their diversity, by resolving particular cases without taking sides in broader, more abstract conflicts. Sunstein offers a close analysis of the way the law can mediate disputes in a diverse society, examining how the law works in practical terms, and showing that, to arrive at workable, practical solutions, judges must avoid broad, abstract reasoning. Why? For one thing, critics and adversaries who would never agree on fundamental ideals are often willing to accept the concrete details of a particular decision. Likewise, a plea bargain for someone caught exceeding the speed limit need not--indeed, must not--delve into sweeping issues of government regulation and personal liberty. Thus judges purposely limit the scope of their decisions to avoid reopening large-scale controversies. Sunstein calls such actions incompletely theorized agreements. In identifying them as the core feature of legal reasoning--and as a central part of constitutional thinking in America, South Africa, and Eastern Europe-- he takes issue with advocates of comprehensive theories and systemization, from Robert Bork (who champions the original understanding of the Constitution) to Jeremy Bentham, the father of utilitarianism, and Ronald Dworkin, who defends an ambitious role for courts in the elaboration of rights. Equally important, Sunstein goes on to argue that it is the living practice of the nation's citizens that truly makes law. For example, he cites Griswold v. Connecticut, a groundbreaking case in which the Supreme Court struck down Connecticut's restrictions on the use of contraceptives by married couples--a law that was no longer enforced by prosecutors. In overturning the legislation, the Court invoked the abstract right of privacy; the author asserts that the justices should have appealed to the narrower principle that citizens need not comply with laws that lack real enforcement. By avoiding large-scale issues and values, such a decision could have led to a different outcome in Bowers v. Hardwick, the decision that upheld Georgia's rarely prosecuted ban on sodomy. And by pointing to the need for flexibility over time and circumstances, Sunstein offers a novel understanding of the old ideal of the rule of law. Legal reasoning can seem impenetrable, mysterious, baroque. This book helps dissolve the mystery. Whether discussing the interpretation of the Constitution or the spell cast by the revolutionary Warren Court, Cass Sunstein writes with grace and power, offering a striking and original vision of the role of the law in a diverse society. In his flexible, practical approach to legal reasoning, he moves the debate over fundamental values and principles out of the courts and back to its rightful place in a democratic state: the legislatures elected by the people.

Author: Council of Europe
Publisher: Manhattan Publishing Company
ISBN:
Category : Sports & Recreation
Languages : en
Pages : 232

View

Book Description

Author: United States
Publisher:
ISBN:
Category : Campaign funds
Languages : en
Pages : 160

View

Book Description

Author: Keith E. Whittington
Publisher:
ISBN: 9780415680356
Category : Law
Languages : en
Pages : 0

View

Book Description
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: Normann Witzleb
Publisher: Routledge
ISBN: 1000747395
Category : Computers
Languages : en
Pages : 206

View

Book Description
In this multidisciplinary book, experts from around the globe examine how data-driven political campaigning works, what challenges it poses for personal privacy and democracy, and how emerging practices should be regulated. The rise of big data analytics in the political process has triggered official investigations in many countries around the world, and become the subject of broad and intense debate. Political parties increasingly rely on data analytics to profile the electorate and to target specific voter groups with individualised messages based on their demographic attributes. Political micro-targeting has become a major factor in modern campaigning, because of its potential to influence opinions, to mobilise supporters and to get out votes. The book explores the legal, philosophical and political dimensions of big data analytics in the electoral process. It demonstrates that the unregulated use of big personal data for political purposes not only infringes voters’ privacy rights, but also has the potential to jeopardise the future of the democratic process, and proposes reforms to address the key regulatory and ethical questions arising from the mining, use and storage of massive amounts of voter data. Providing an interdisciplinary assessment of the use and regulation of big data in the political process, this book will appeal to scholars from law, political science, political philosophy and media studies, policy makers and anyone who cares about democracy in the age of data-driven political campaigning.

Author: Louise I. Gerdes
Publisher: Greenhaven Publishing LLC
ISBN: 0737776552
Category : Young Adult Nonfiction
Languages : en
Pages : 113

View

Book Description
The passage of Citizens United by the Supreme Court in 2010 sparked a renewed debate about campaign spending by large political action committees, or Super PACs. Its ruling said that it is okay for corporations and labor unions to spend as much as they want in advertising and other methods to convince people to vote for or against a candidate. This book provides a wide range of opinions on the issue. Includes primary and secondary sources from a variety of perspectives; eyewitnesses, scientific journals, government officials, and many others.

Author: Sanford J. Ungar
Publisher: New York : Dutton
ISBN:
Category : Law
Languages : en
Pages : 328

View

Book Description

Author: Stephen D. CARPENTER
Publisher:
ISBN:
Category :
Languages : en
Pages : 368

View

Book Description

Author: Sonia Alonso
Publisher: CIS
ISBN: 8474765927
Category : Political Science
Languages : en
Pages : 151

View

Book Description
This book is a manual on content analysis of political texts. The first part is a self-help text for students and researchers who want to test their own research hypotheses by using this methodological tool. The second part is aimed at students and researchers interested in applying a specific approach to content analysis of political texts: the coding of elections programs. The book discusses in particular the coding system of the Manifesto Project. The third part presents a summary of the main questions and research hypotheses which have been examined in political science using Manifesto Project data, and offers numerous suggestions on how to use the data for a specific research project.