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Author: Jonathan Sumption Publisher: Profile Books ISBN: 1782836225 Category : Law Languages : en Pages : 81
Book Description
A SUNDAY TIMES BESTSELLER In the past few decades, legislatures throughout the world have suffered from gridlock. In democracies, laws and policies are just as soon unpicked as made. It seems that Congress and Parliaments cannot forge progress or consensus. Moreover, courts often overturn decisions made by elected representatives. In the absence of effective politicians, many turn to the courts to solve political and moral questions. Rulings from the Supreme Courts in the United States and United Kingdom, or the European court in Strasbourg may seem to end the debate but the division and debate does not subside. In fact, the absence of democratic accountability leads to radicalisation. Judicial overreach cannot make up for the shortcomings of politicians. This is especially acute in the field of human rights. For instance, who should decide on abortion or prisoners' rights to vote, elected politicians or appointed judges? Expanding on arguments first laid out in the 2019 Reith Lectures, Jonathan Sumption argues that the time has come to return some problems to the politicians.
Author: Jonathan Sumption Publisher: Profile Books ISBN: 1782836225 Category : Law Languages : en Pages : 81
Book Description
A SUNDAY TIMES BESTSELLER In the past few decades, legislatures throughout the world have suffered from gridlock. In democracies, laws and policies are just as soon unpicked as made. It seems that Congress and Parliaments cannot forge progress or consensus. Moreover, courts often overturn decisions made by elected representatives. In the absence of effective politicians, many turn to the courts to solve political and moral questions. Rulings from the Supreme Courts in the United States and United Kingdom, or the European court in Strasbourg may seem to end the debate but the division and debate does not subside. In fact, the absence of democratic accountability leads to radicalisation. Judicial overreach cannot make up for the shortcomings of politicians. This is especially acute in the field of human rights. For instance, who should decide on abortion or prisoners' rights to vote, elected politicians or appointed judges? Expanding on arguments first laid out in the 2019 Reith Lectures, Jonathan Sumption argues that the time has come to return some problems to the politicians.
Author: Brian Cowan Publisher: Boydell & Brewer ISBN: 1783276266 Category : History Languages : en Pages : 304
Book Description
The book discusses the 'state trial' as a legal process, a public spectacle, and a point of political conflict - a key part of how constitutional monarchy became constitutional.State trials provided some of the leading media events of later Stuart England. The more important of these trials attracted substantial public attention, serving as pivot points in the relationship between the state and its subjects. Later Stuart England has been known among legal historians for a series of key cases in which juries asserted their independence from judges. In political history, the government's sometimes shaky control over political trials in this period has long been taken as a sign of the waning power of the Crown. This book revisits the process by which the 'state trial' emerged as a legal proceeding, a public spectacle, a point of political conflict, and ultimately, a new literary genre. It investigates the trials as events, as texts, and as moments in the creation of historical memory. By the early nineteenth century, the publication and republication of accounts of the state trials had become a standard part of the way in which modern Britons imagined how their constitutional monarchy had superseded the absolutist pretensions of the Stuart monarchs. This book explores how the later Stuart state trials helped to create that world.tury, the publication and republication of accounts of the state trials had become a standard part of the way in which modern Britons imagined how their constitutional monarchy had superseded the absolutist pretensions of the Stuart monarchs. This book explores how the later Stuart state trials helped to create that world.tury, the publication and republication of accounts of the state trials had become a standard part of the way in which modern Britons imagined how their constitutional monarchy had superseded the absolutist pretensions of the Stuart monarchs. This book explores how the later Stuart state trials helped to create that world.tury, the publication and republication of accounts of the state trials had become a standard part of the way in which modern Britons imagined how their constitutional monarchy had superseded the absolutist pretensions of the Stuart monarchs. This book explores how the later Stuart state trials helped to create that world.
Author: Jens Meierhenrich Publisher: Cambridge University Press ISBN: 1108107656 Category : Political Science Languages : en Pages : 451
Book Description
From the trial of Socrates to the post-9/11 military commissions, trials have always been useful instruments of politics. Yet there is still much that we do not understand about them. Why do governments use trials to pursue political objectives, and when? What differentiates political trials from ordinary ones? Contrary to conventional wisdom, not all political trials are show trials or contrive to set up scapegoats. This volume offers a novel account of political trials that is empirically rigorous and theoretically sophisticated, linking state-of-the-art research on telling cases to a broad argument about political trials as a socio-legal phenomenon. All the contributors analyse the logic of the political in the courtroom. From archival research to participant observation, and from linguistic anthropology to game theory, the volume offers a genuinely interdisciplinary set of approaches that substantially advance existing knowledge about what political trials are, how they work, and why they matter.
Author: Publisher: Transaction Publishers ISBN: 9780765804730 Category : Law Languages : en Pages : 362
Book Description
Political trials take issues of responsibility, conscience, representation, and legitimacy, which are tied in tight political and legal knots, and force us to face questions about our public identity, our standards for public policy, and our sense of history. Ron Christenson explores how political trials, especially those within the rule of law, engage society's conflicting values and loyalties. He examines numerous political trials throughout history, bringing into question basic foundations of law, politics, and society. Christenson classifies political trials according to the issues they generate in the political sphere: partisan trials are spurious legal proceedings but politically expedient; trials of corruption and insanity raise questions of public and personal responsibility; trials of dissenters involve problems of conscience; trials of nationalists highlight the nature of representation and the relationship of the part to the whole; and trials of regimes engage the most fundamental concept of both law and politics--legitimacy. Political Trials brings these considerations to bear on some of the best-known cases in history, including the Gunpowder Plot; the Spanish Inquisition; the Dreyfus affair; the Nuremburg trials; trials of dissenters such as Socrates, Thomas More, Roger Williams, and the Berrigan brothers; and trials of nationalists such as Joan of Arc, Gandhi, Knut Hamsun, and the Irish republicans. Since the first edition appeared, a number of notable political trials have raised critical issues for society. Shocking public exposures about the Guildford 4 and Maguire 7 trials shook the British criminal justice establishment, while in the United States trials concerning the beating of Rodney King led up to the O.J. Simpson spectacle and a host of parallel questions. The trials of right-wing terrorists such as Paul Hill, found guilty of murdering an abortion doctor, and Timothy McVeigh, convicted of the Oklahoma City federal building bombing, parallel the case of left-wing dissenter Karl Armstrong in the 1970s. Finally, the South African Truth and Reconciliation Committee provides a test case of whether a nation can not only remember but grant amnesty and achieve true reconciliation. In examining the dilemmas involved in these trials, Christenson shows how they make a positive contribution to an open and democratic society. Political Trials will be an important addition to the libraries of historians, legal scholars, and political scientists.
Author: Frank Murray Greenwood Publisher: University of Toronto Press ISBN: 1487597908 Category : Law Languages : en Pages : 664
Book Description
]State trials reveal much about a nation's insecurities and shed light on important themes in political, constitutional, and legal history. In Canada, perceived and real threats to the state have ranged from dissent, disaffection, and the emergence of threatening ideologies to insurrection, riot, violent protest, and military invasion. The Canadian State Trials series will explore the role of the law in regulating such threats, from the period of early European settlement to 1971. The first volume and the planned series as a whole present a great deal of new material by prominent Canadian historians and legal scholars. Although certain Canadian political trials and security crises have received scholarly attention in the past, there has never been a comprehensive and systematic examination of the country's surprisingly rich record in this area. The eighteen essays in Volume I examine this record for the period 1608-1837, covering proceedings in New France, the four Atlantic colonies, the Old Province of Quebec, and the two Canadas. They highlight security law during the American revolution, the wars against revolutionary/Napoleonic France, and the War of 1812; comparative treason law; and the trials of David McLane, Robert Gourlay, Francis Collins, and Joseph Howe, among others. The essays, which extensive use of primary sources (the most illuminating of which appear in a documentary appendix), place the examination of the law and its administration during these events in socio-political and comparative context.
Author: Megan Ming Francis Publisher: Cambridge University Press ISBN: 1107037107 Category : History Languages : en Pages : 217
Book Description
This book extends what we know about the development of civil rights and the role of the NAACP in American politics. Through a sweeping archival analysis of the NAACP's battle against lynching and mob violence from 1909 to 1923, this book examines how the NAACP raised public awareness, won over American presidents, secured the support of Congress, and won a landmark criminal procedure case in front of the Supreme Court.
Author: James W McAuley Publisher: SAGE ISBN: 9780803979321 Category : Social Science Languages : en Pages : 244
Book Description
This major new textbook will equip students with a complete understanding of contemporary politics, state and society in the United Kingdom today. Key underlying themes include: The differences between traditional and alternative sites of power and what we mean by political the relationships between politics, society and how individuals become and remain engaged with politics the rapid transformations in contemporary social structures and their impact on social and political life the role of human agency and its significance to social and political action and movements contemporary cultural and social dislocations and their impact on some of the major contested areas of political life today. Key features include: Key concepts and issues Key theorists and writers Discussion questions Comprehensive and accessible, An Introduction to Politics, State & Society is an essential text for all undergraduate students of politics, the contemporary state, power and political sociology.
Author: Paul Nolette Publisher: University Press of Kansas ISBN: 0700620893 Category : Political Science Languages : en Pages : 296
Book Description
“It is one of the happy incidents of the federal system,” Justice Louis Brandeis wrote in 1932, “that a single courageous state may, if its citizens choose, serve as a laboratory, and try novel social and economic experiments without risk to the rest of the country.” It is one of the features of federalism in our day, Paul Nolette counters, that these “laboratories of democracy,” under the guidance of state attorneys general, are more apt to be dictating national policy than conducting contained experiments. In Federalism on Trial, Nolette presents the first broadscale examination of the increasingly nationalized political activism of state attorneys general. Focusing on coordinated state litigation as a form of national policymaking, his book challenges common assumptions about the contemporary nature of American federalism. In the tobacco litigation of the 1990s, a number of state attorneys general managed to reshape one of America’s largest industries—all without the involvement of Congress or the executive branch. This instance of prosecution as a form of regulation is just one case among many in the larger story of American state development. Federalism on Trial shows how new social policy regimes of the 1960s and 1970s—adopting national objectives such as cleaner air, wider access to health care, and greater consumer protections—promoted both “adversarial legalism” and new forms of “cooperative federalism” that enhanced the powers and possibilities open to state attorneys general. Nolette traces this trend—as AGs took advantage of these new circumstances and opportunities—through case studies involving drug pricing, environmental policy, and health care reform. The result is the first full account—far-reaching and finely detailed—of how, rather than checking national power or creating productive dialogue between federal and state policymakers, the federalism exercised by state attorneys general frequently complicates national regulatory regimes and seeks both greater policy centralization and a more extensive reach of the American regulatory state.
Author: American Bar Association. House of Delegates Publisher: American Bar Association ISBN: 9781590318737 Category : Law Languages : en Pages : 216
Book Description
The Model Rules of Professional Conduct provides an up-to-date resource for information on legal ethics. Federal, state and local courts in all jurisdictions look to the Rules for guidance in solving lawyer malpractice cases, disciplinary actions, disqualification issues, sanctions questions and much more. In this volume, black-letter Rules of Professional Conduct are followed by numbered Comments that explain each Rule's purpose and provide suggestions for its practical application. The Rules will help you identify proper conduct in a variety of given situations, review those instances where discretionary action is possible, and define the nature of the relationship between you and your clients, colleagues and the courts.
Author: Thomas Bayly Howell Publisher: Legare Street Press ISBN: 9781020968525 Category : Languages : en Pages : 0
Book Description
Cobbett's State Trials is a collection of some of the most famous and contentious trials in British history. From the trial of King Charles I to the trial of Mary Queen of Scots, this book provides a comprehensive look at the legal system of the time and the rights of the accused. This work has been selected by scholars as being culturally important, and is part of the knowledge base of civilization as we know it. This work is in the "public domain in the United States of America, and possibly other nations. Within the United States, you may freely copy and distribute this work, as no entity (individual or corporate) has a copyright on the body of the work. Scholars believe, and we concur, that this work is important enough to be preserved, reproduced, and made generally available to the public. We appreciate your support of the preservation process, and thank you for being an important part of keeping this knowledge alive and relevant.
Author: Jonathan Sumption
Author: Jonathan Sumption
Author: Brian Cowan
Author: Jens Meierhenrich
Author: 
Author: Frank Murray Greenwood
Author: Megan Ming Francis
Author: James W McAuley
Author: Paul Nolette
Author: American Bar Association. House of Delegates
Author: Thomas Bayly Howell