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Author: Victoria Nourse Publisher: Harvard University Press ISBN: 0674974271 Category : Law Languages : en Pages : 272
Book Description
American law schools extol democracy but teach little about its most basic institution, the Congress. Interpreting statutes is lawyers’ most basic task, but law professors rarely focus on how statutes are made. This misguided pedagogy, says Victoria Nourse, undercuts the core of legal practice. It may even threaten the continued functioning of American democracy, as contempt for the legislature becomes entrenched in legal education and judicial opinions. Misreading Law, Misreading Democracy turns a spotlight on lawyers’ and judges’ pervasive ignorance about how Congress makes law. Victoria Nourse not only offers a critique but proposes reforming the way lawyers learn how to interpret statutes by teaching legislative process. Statutes are legislative decisions, just as judicial opinions are decisions. Her approach, legislative decision theory, reverse-engineers the legislative process to simplify the task of finding Congress’s meanings when statutes are ambiguous. This theory revolutionizes how we understand legislative history—not as an attempt to produce some vague notion of legislative intent but as a surgical strike for the best evidence of democratic context. Countering the academic view that the legislative process is irrational and unseemly, Nourse makes a forceful argument that lawyers must be educated about the basic procedures that define how Congress operates today. Lawmaking is a sequential process with political winners and losers. If lawyers and judges do not understand this, they may well embrace the meanings of those who opposed legislation rather than those who supported it, making legislative losers into judicial winners, and standing democracy on its head.
Author: Victoria Nourse Publisher: Harvard University Press ISBN: 0674974271 Category : Law Languages : en Pages : 272
Book Description
American law schools extol democracy but teach little about its most basic institution, the Congress. Interpreting statutes is lawyers’ most basic task, but law professors rarely focus on how statutes are made. This misguided pedagogy, says Victoria Nourse, undercuts the core of legal practice. It may even threaten the continued functioning of American democracy, as contempt for the legislature becomes entrenched in legal education and judicial opinions. Misreading Law, Misreading Democracy turns a spotlight on lawyers’ and judges’ pervasive ignorance about how Congress makes law. Victoria Nourse not only offers a critique but proposes reforming the way lawyers learn how to interpret statutes by teaching legislative process. Statutes are legislative decisions, just as judicial opinions are decisions. Her approach, legislative decision theory, reverse-engineers the legislative process to simplify the task of finding Congress’s meanings when statutes are ambiguous. This theory revolutionizes how we understand legislative history—not as an attempt to produce some vague notion of legislative intent but as a surgical strike for the best evidence of democratic context. Countering the academic view that the legislative process is irrational and unseemly, Nourse makes a forceful argument that lawyers must be educated about the basic procedures that define how Congress operates today. Lawmaking is a sequential process with political winners and losers. If lawyers and judges do not understand this, they may well embrace the meanings of those who opposed legislation rather than those who supported it, making legislative losers into judicial winners, and standing democracy on its head.
Author: Victoria Nourse Publisher: Harvard University Press ISBN: 0674971418 Category : Art Languages : en Pages : 272
Book Description
Victoria Nourse argues that lawyers must be educated on the basic procedures that define how Congress operates today. Lawmaking creates winners and losers. If lawyers and judges do not understand this, they may embrace the meanings of those who opposed legislation, turning legislative losers into judicial winners and standing democracy on its head.
Author: Richard A. Posner Publisher: Harvard University Press ISBN: 0674286030 Category : Law Languages : en Pages : 432
Book Description
Judges and legal scholars talk past one another, if they have any conversation at all. Academics criticize judicial decisions in theoretical terms, which leads many judges to dismiss academic discourse as divorced from reality. Richard Posner reflects on the causes and consequences of this widening gap and what can be done to close it.
Author: Benjamin I. Page Publisher: University of Chicago Press ISBN: 022672493X Category : Political Science Languages : en Pages : 400
Book Description
America faces daunting problems—stagnant wages, high health care costs, neglected schools, deteriorating public services. How did we get here? Through decades of dysfunctional government. In Democracy in America? veteran political observers Benjamin I. Page and Martin Gilens marshal an unprecedented array of evidence to show that while other countries have responded to a rapidly changing economy by helping people who’ve been left behind, the United States has failed to do so. Instead, we have actually exacerbated inequality, enriching corporations and the wealthy while leaving ordinary citizens to fend for themselves. What’s the solution? More democracy. More opportunities for citizens to shape what their government does. To repair our democracy, Page and Gilens argue, we must change the way we choose candidates and conduct our elections, reform our governing institutions, and curb the power of money in politics. By doing so, we can reduce polarization and gridlock, address pressing challenges, and enact policies that truly reflect the interests of average Americans. Updated with new information, this book lays out a set of proposals that would boost citizen participation, curb the power of money, and democratize the House and Senate.
Author: Sanford Levinson Publisher: Oxford University Press ISBN: 0195365577 Category : Law Languages : en Pages : 260
Book Description
Levinson here argues that too many of our Constitution's provisions promote either unjust or ineffective government. Under the existing blueprint, we can neither rid ourselves of incompetent presidents nor assure continuity of government following catastrophic attacks. Worse, our Constitution is the most difficult to amend or update in the world. Levinson boldly challenges the Americans to undertake a long overdue public discussion on how they might best reform this most hallowed document and construct a constitution adequate to our democratic values.
Author: Christopher J. Peters Publisher: Oxford University Press ISBN: 0199749957 Category : Law Languages : en Pages : 377
Book Description
Law often purports to require people, including government officials, to act in ways they think are morally wrong or harmful. What is it about law that can justify such a claim? In A Matter of Dispute: Morality, Democracy, and Law, Christopher J. Peters offers an answer to this question, one that illuminates the unique appeal of democratic government, the peculiar structure of adversary adjudication, and the contested legitimacy of constitutional judicial review. Peters contends that law should be viewed primarily as a device for avoiding or resolving disputes, a function that implies certain core properties of authoritative legal procedures. Those properties - competence and impartiality - give democracy its advantage over other forms of government. They also underwrite the adversary nature of common-law adjudication and the duties and constraints of democratic judges. And they ground a defense of constitutionalism and judicial review against persistent objections that those practices are "counter-majoritarian" and thus nondemocratic. This work canvasses fundamental problems within the diverse disciplines of legal philosophy, democratic theory, philosophy of adjudication, and public-law theory and suggests a unified approach to unraveling them. It also addresses practical questions of law and government in a way that should appeal to anyone interested in the complex and often troubled relationship among morality, democracy, and the rule of law. Written for specialists and non-specialists alike, A Matter of Dispute explains why each of us individually, and all of us collectively, have reason to obey the law - why democracy truly is a system of government under law.
Author: Loren J. Samons Publisher: Univ of California Press ISBN: 0520251687 Category : History Languages : en Pages : 328
Book Description
"This is unlike any recent work I know of. It offers a challenging, often refreshing, and what will certainly be a controversial assessment of classical Athenian democracy and its significance to modern America. Samons is willing to tread where few other classicists are willing to go in print. He reminds readers that the Athenian democracy offers just as many negative lessons as positive ones, and topics like the popular vote, the dangers of state payments to individual citizens, the naturally acquisitive foreign policy of democratic governments, and the place of religion in democracy all come up for discussion and criticism. Samons has written an original and very provocative book."—James Sickinger, author of Public Records and Archives in Classical Athens "Professor Samons' lively and challenging account of ancient Athens raises important questions about democracy, ancient and modern. It will surely arouse keen interest and debate."—Donald Kagan, author of The Peloponnesian War "In this elegantly written, carefully researched, and perceptive book, Samons presents a penetrating analysis of ancient Athenian democracy's dark sides. His book is as much about the errors and weaknesses of our own political system as it is about those of ancient Athens. Whether or not we agree with his critique and conclusions, this book is not merely thought-provoking: it is annoyingly discomforting, forcing us to re-examine firm beliefs and to discard easy solutions."—Kurt A. Raaflaub, author of Discovery of Freedom in Ancient Greece "In this marvelously unfashionable book, Samons debunks much of what passes in the current-day academy as scholarship on classical Athens, demonstrating that it is an ideologically-driven apology for a radically defective form of government. In the process, he casts light on the perspicacity of America's founding fathers and on the unthinking populism that threatens in our own day to ruin their legacy."—Paul A. Rahe, author of Republics Ancient and Modern: Classical Republicanism and the American Revolution "We are in the greatest age of democracy since antiquity and in the most need of guidance about the wisdom of government by majority vote. Precisely for that reason Professor Samons offers a bold and unbridled look at the nature and history of democracies, ancient and modern. He reminds us that we are capable of doing as much evil as good when constitutional protections and republican oversight are not there to moderate the instant desires of the majority. This is an engaging, provocative, and timely study of ancient Athens and modern America that should serve as a cautionary reminder to both romantic scholars and zealous diplomats."—Victor Davis Hanson, author of The Other Greeks
Author: Lawrence Lessig Publisher: HarperCollins ISBN: 0062945734 Category : Law Languages : en Pages : 450
Book Description
“An impassioned call to all Americans to fight for equal representation.” — Kirkus Reviews “This bracing report on the state of American politics offers valuable insights for the 2020 elections.” — Publishers Weekly “A thoughtful, illuminating, nonpartisan, and pragmatic analysis of the changes needed to restore power to the public… In this bold and compelling book, Lessig both scrutinizes the laws and forces that led us to this point and guides us towards visionary changes that can reset and restore our faith in our democracy. Given the complexities of the tasks at hand, this a must-read and a much-needed wake up call.” — Booklist “Lessig tells it with skill, citing a plethora of studies and historical examples to make a persuasive case about the unrepresentativeness of America’s political institutions.” — New York Time Book Review “Lessig paints a searing portrait of a defective political system that is nonetheless full of hope, community spirit, self-empowered individuals, and ways to fix what is broken.” — Foreign Affairs “Lessig is right that a representative American democracy, desirable in itself, would also solve most of the problems that now seem insoluble. It is hard to imagine a more thoughtful and appealing companion in the hard work to move our system to where it ought to be: in our own hands.” — Timothy Snyder, bestselling author of On Tyranny and The Road to Unfreedom “Lessig, a leading proponent of campaign finance reform, now aims at something even bigger: fixing our broken system of representative democracy. This book is brimming with promising and provocative proposals to fix campaign finance, gerrymandering, the electoral college, the filibuster, and the mind-numbing effects of cable news and social media. It is a bold and bracing repair manual for government of, by, and for the people.” — Michael J. Sandel, bestselling author of What Money Can’t Buy “Lessig is a modern-day Paul Revere with a warning we must heed: Our representative democracy no longer represents us. The change we need is deep and serious. And it can’t be fixed with by one election, party, or politician. This urgent book offers not only a clear-eyed explanation of the forces that broke our politics, but a thoughtful and, yes, patriotic vision of how we create a government that’s truly by and for the people. We ignore his alarm at our own peril.” — David Daley, bestselling author of Ratf**ked and Unrigged “Everything Lessig writes should be carefully read. Read it, consider it, and most important, act on it. Our democracy is at stake.” — Nancy MacLean, bestselling author of Democracy in Chains “The American experiment in representative government is on life support. In his brilliant book, Lessig provides the medical record and a recommended course of care to save the patient. Every American should read it ... stat!” — Roger McNamee bestselling author of Zucked “Full of original, provocative insights and surprising stories, this book is for all who seek to create effective democracy in America.” — Frances Moore Lappé, bestselling author of Diet for a Small Planet and coauthor with Adam Eichen of Daring Democracy “Lessig proposes the making of a nonpartisan politics to breathe life into the corpse of America’s dysfunctional democracy. He does so with fierce and plainspoken clarity. A challenging work of the political imagination, unsweetened with pious cant.” — Lewis H. Lapham, editor and founder of Lapham’s Quarterly “Lessig is the thinking man’s popular reformer and this book is a powerful, patriotic and above all useful guide to the fixes for American representative democracy. Agree or disagree, it every citizen should read this book.” — Tim Wu, bestselling author of The Curse of Bigness “Lessig has long been the leading voice on how corruption undermines American democracy. In this book, he trains his trademark wit and incisiveness on an even bigger problem: Our political institutions, he shows, are deeply unrepresentative. Thankfully, Lessig has an original plan for how to build on the principles of the Founding Fathers to make our institutions serve all Americans.” — Yascha Mounk, author of The People vs. Democracy “American democracy is buckling under the weight of the public’s deep cynicism. Lessig’s book brings clarity to the many factors feeding this civic deterioration, from our warped campaign finance system to the increasingly balkanized media to the pernicious power of our ‘vetocracy.’ Charting a new course that can revitalize our Republic will demand a reckoning with these deep-seated challenges. This book is a clarion call to do just that.” — Representative John P. Sarbanes “This book is a tour de force by one of America’s most interesting thinkers about democracy. Lessig finds democratic sclerosis not only in the institutions and arrangements of government, but also among we the people. Although Lessig considers familiar policy proposals such as campaign finance reform and breaking up social media monopolies, conventional reforms are far from enough to solve the problem of a democracy under extreme stress. He offers proposals aimed at getting us out of our silos, educated, organized, and deliberating toward a more perfect union.” — Richard L. Hasen, author of Election Meltdown “This book brilliantly diagnoses some of the fundamental ailments of American democracy. Lessig provides an original and illuminating analysis of how we have been led astray by our reliance on public opinion polling in a fractured media and social media landscape. This book is a must-read for anyone trying to understand — and indeed hoping to reclaim — our democracy.” — Deb Roy, Professor of Media Arts & Sciences, MIT and Co-founder & Executive Chairman, Cortico “In classic Lessig fashion, this book connects one of society’s biggest challenges—the impact of technology on our society and democracy—to the evolution of our constitution to show how we’ve lost our voice in our system of government. But as the reader descends into a spiral of despair, he pulls them up with the hope of potential interventions that could successfully enact positive change.” — Joi Ito, Director, MIT Media Lab “Lessig has long been a leader in the fight to save our democracy. In this book, Larry again brings his characteristic, inspirational passion and insight to the most pressing challenge of our time—the fate of our Republic. His new insights into “unrepresentativeness” are a distinctive contribution to the national discussion—in particular, his contention that the problem is not just “they” but also “us”. If you’re concerned about our democracy, it’s a proverbial must-read. And along with his deep thinking, Larry brings a keen sense of humor and awareness of the absurd that made us wryly chuckle out loud.” — Katherine M. Gehl and Michael E. Porter, authors of Why Competition in the Politics Industry Is Failing America: A strategy for reinvigorating our democracy. “Lessig eloquently advances his diagnosis of our democratic condition. He then helps us understand how remedies might be possible. A book of lasting importance.” — James Fishkin, Stanford University professor and author of Democracy When the People Are Thinking “A sweeping analysis by one of America’s most astute and passionate political voices. Lessig shows how America suffers both from a dysfunctional government and from the deficiencies of an increasingly polarized and poorly-informed public. More importantly, he points us toward the reforms we need to repair our representative democracy by making elected officials more responsive to the public and making the public more worthy of responding to. A compelling new contribution to the most important discussion of our time.” — Martin Gilens, Professor of Public Policy, UCLA Luskin School of Public Affairs “Hard-hitting analysis… Lessig persuasively supports his argument that the U.S. political system is unrepresentative.” — EMissourian.com
Author: David Harsanyi Publisher: Simon and Schuster ISBN: 1621572277 Category : Political Science Languages : en Pages : 158
Book Description
Democracy may be one of the most admired ideas ever concocted, but what if it’s also one of the most harebrained? After many years of writing about democracy for a living, David Harsanyi has concluded that it’s the most overrated, overused, and misunderstood idea in political life. The less we have of it the better. “Democracy” is not synonymous with “freedom.” It is not the opposite of tyranny. In fact, the Founding Fathers knew that democracy can lead to tyranny. That’s why they built so many safeguards against it into the Constitution. Democracy, Harsanyi argues, has made our government irrational, irresponsible, and invasive. It has left the American people with only two options—domination by the majority or a government that can’t possibly work. The modern age has imbued democracy with the mystique of infallibility. But Harsanyi reminds us that the vast majority of political philosophers, including the founders, have thought that responsible, limited government based on direct majority rule over a large, let alone continental scale was a practical impossibility. In The People Have Spoken, you’ll learn: Why the Framers of our Constitution were intent on establishing a republic, not a “democracy” How democracy undermines self-government How shockingly out of touch with reality most voters really are Why democracy is an economic wrecking ball—and an invitation to a politics of envy and corruption How the great political philosophers from Plato and Aristotle to Burke and Tocqueville predicted with uncanny accuracy that democracy could lead to tyranny Harsanyi warns that if we don’t recover the Founders’ republican vision, “democracy” might very well spell the end of American liberty and prosperity.
Author: Victoria Nourse
Author: Victoria Nourse
Author: Victoria Nourse
Author: Richard A. Posner
Author: Benjamin I. Page
Author: Sanford Levinson
Author: Christopher J. Peters
Author: Loren J. Samons
Author: Lawrence Lessig
Author: Steven H. Shiffrin
Author: David Harsanyi