Misreading Law, Misreading Democracy

Author: Victoria Nourse

Publisher: Harvard University Press

ISBN: 0674971418

Category: Law

Page: 259

View: 5386


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.

Conceptions and Misconceptions of Legislation

Author: A. Daniel Oliver-Lalana

Publisher: Springer

ISBN: 3030120686

Category: Law

Page: 335

View: 4388


This volume brings together an international group of legal scholars to discuss different approaches to lawmaking. As well as reflecting the diversity of legisprudence as a re-emerging academic field, it offers a broad overview of current developments and challenges in the theory of legislation, and aspires, moreover, to counterbalance some questionable ideas or misconceptions, widespread among jurists, on what making laws entails. The book is organized into three parts. The first comprises a sample of ‘ways and models of legislation’, ranging from classic legislative ideals to contemporary forms of regulation. The essays in this part, variances of focus notwithstanding, revolve around the notions of legislative rationality, quality, effectiveness, and legitimacy, which may be regarded as the cornerstones of legisprudence. Interwoven with these notions is another core legisprudential concern: the justification of laws. We address it separately in the next part by exploring the connection between lawmaking, argumentation and constitutional democracy: under the heading ‘legislation in a culture of justification’, a number of aspects of this connection are tackled that have not been sufficiently considered so far in legisprudential literature, such as the intricacies of legislative reasoning and balancing, or the justificatory problems posed by special-interest legislation. The under privileged status of legisprudence in legal studies and the need for socially attentive and citizen-oriented legislative research come to the fore in the third part of the book which turns to the relationships between ‘legisprudence, lawyers, and citizens’. All in all, the thirteen articles gathered here provide a stimulating insight into the theory of legislation, and can hopefully contribute to the reconciliation of the study of law and the study of its making.

Fiction and the Languages of Law

Understanding Contemporary Legal Discourse

Author: Karen Petroski

Publisher: Routledge

ISBN: 1351163825

Category: Language Arts & Disciplines

Page: 8

View: 9975


Contemporary legal reasoning has more in common with fictional discourse than we tend to realize. Through an examination of the U.S. Supreme Court’s written output during a recent landmark term, this book exposes many of the parallels between these two special kinds of language use. Focusing on linguistic and rhetorical patterns in the dozens of reasoned opinions issued by the Court between October 2014 and June 2015, the book takes nonlawyer readers on a lively tour of contemporary American legal reasoning and acquaints legal readers with some surprising features of their own thinking and writing habits. It analyzes cases addressing a huge variety of issues, ranging from the rights of drivers stopped by the police to the decision-making processes of the Environmental Protection Agency—as well as the term’s best-known case, which recognized a constitutional right to marriage for same-sex as well as different-sex couples. Fiction and the Languages of Law reframes a number of long-running legal debates, identifies other related paradoxes within legal discourse, and traces them all to common sources: judges’ and lawyers’ habit of alternating unselfconsciously between two different attitudes toward the language they use, and a set of professional biases that tends to prevent scrutiny of that habit.

The Art of Legislating

Author: Virgilio Zapatero Gómez

Publisher: Springer Nature

ISBN: 303023388X

Category: Law

Page: 228

View: 7287


Any contemporary state presents itself as committed to the “rule of law”, and this notion is perhaps the most powerful political ideal within the current global discourse on legal and political institutions. Despite being a contested concept, the rule of law is generally recognised as meaning that government is bound in all its actions by fixed and public rules, and that these rules respect certain formal requirements and are enforced by an independent judiciary. This book focuses on formal legality and the question of how to achieve good laws—a topic that was famously addressed by the 18th century enlightened thinkers, but also by prominent legal scholars of our time. Historically, the canon of “good legislation” demanded generality, publicity and accessibility, and comprehensibility of laws; non-retroactivity; consistency; the possibility of complying with legal obligations and prohibitions; stability; and congruency between enacted laws and their application. All these are valuable ideals that should not be abandoned in today’s legal systems, particularly in view of the silent revolution that is transforming our legality-based “states of law” into jurisdictional states. Such ideals are still worth pursuing for those who believe in representative democracy, in the rule of law and in the dignity of legislation. The idea for the book stemmed from the author’s parliamentary and governmental experience; he was responsible for the Government of Spain’s legislative co-ordination from 1982 to 1993, which were years of intensive legislative production. The more than five hundred laws (and thousands of decrees) elaborated in this period profoundly changed all sectors of the legal order inherited from Franco’s dictatorship, and laid the foundations of a new social and democratic system. For an academic, this was an exciting experience, which offered a unique opportunity to put the theory of legislation to the test. Reflecting and elaborating on this experience, the book not only increases scholarly awareness of how laws are made, but above all, improves the quality of legislation and as a result the rule of law.

Misreading the Bill of Rights: Top Ten Myths Concerning Your Rights and Liberties

Top Ten Myths Concerning Your Rights and Liberties

Author: Kirby Goidel,Craig Freeman,Brian Smentkowski

Publisher: ABC-CLIO

ISBN: 144083234X

Category: Political Science

Page: 243

View: 2825


The Bill of Rights—the first 10 amendments to the U.S. Constitution—are widely misunderstood by many Americans. This book explores the widely held myths about the Bill of Rights, how these myths originated, why they have persisted, and the implications for contemporary politics and policy. • Carefully separates out widely held contemporary beliefs about the Bill of Rights and connects them to debates over meaning, enabling readers to see how the meaning of rights is historically and contextually determined • Explores the Bill of Rights in the context of myths that define the American political culture • Provides an even-handed but incisive analysis of individual myths, pointing out where both the left and the right often misinterpret the true meaning of the Bill of Rights • Places the debates regarding rights in contemporary politics and modern society by considering the complex challenge of protecting individual freedoms in the context of a digital age, international terrorism, and ongoing threats to national security

Misreading the Chinese Character

Images of the Chinese in Euroamerican Drama to 1925

Author: Dave Williams

Publisher: Peter Lang Pub Incorporated

ISBN: 9780820445595

Category: Drama

Page: 286

View: 2200


Despite the wide differences in manifest content, all the portrayals of the Chinese sprang from the Euroamerican need to maintain a race-based separation from the Chinese."--BOOK JACKET.

Democracy and the Rule of Law in China

Author: Keping Yu

Publisher: BRILL

ISBN: 9004182128

Category: Political Science

Page: 299

View: 5503


Democracy and the Rule of Law in China is intended to make debates among prominent Chinese intellectuals and academics over issues of political, constitutional, and legal reform; modes of governance in urban and rural China; and culture and cultural policy available to English-language readers. The writers included in this book are individuals whose views have drawn some attention in the formulation of party and government policy, including the editor, Yu Keping, a prominent party intellectual and vice-director of the Central Compilation and Translation Bureau.

Judging Democracy

Author: Christopher Manfredi,Mark Rush

Publisher: University of Toronto Press

ISBN: 1442604182

Category: Political Science

Page: 160

View: 4925


In Judging Democracy, Christopher Manfredi and Mark Rush challenge assertions that the Canadian and American Supreme Courts have taken radically different approaches to constitutional interpretation regarding general and democratic rights. Three case studies compare Canadian and American law concerning prisoners' voting rights, the scope and definition of voting rights, and campaign spending. These examples demonstrate that the two Supreme Courts have engaged in essentially the same debates concerning the franchise, access to the ballot, and the concept of a "meaningful" vote. They reveal that the American Supreme Court has never been entirely individualistic in its interpretation and protection of constitutional rights and that there are important similarities in the two Supreme Courts' approaches to constitutional interpretation. Furthermore, the authors demonstrate that an astonishing convergence has occurred in the two courts' thinking concerning the integrity of the democratic process and the need for the judiciary to monitor legislative attempts to regulate the political process in order to promote or ensure political equality. Growing numbers of justices in both courts are now wary of legislative attempts to cloak laws designed to protect incumbents through electoral reform. Judging Democracy thus points to a new direction not only in judicial review and constitutional interpretation but also in democratic theory.

Democracy Reborn

The Fourteenth Amendment and the Fight for Equal Rights in Post-Civil War America

Author: Garrett Epps

Publisher: Henry Holt and Company

ISBN: 1466851252

Category: History

Page: 352

View: 4807


A riveting narrative of the adoption of the Fourteenth Amendment, an act which revolutionized the U.S. constitution and shaped the nation's destiny in the wake of the Civil War Though the end of the Civil War and Lincoln's Emancipation Proclamation inspired optimism for a new, happier reality for blacks, in truth the battle for equal rights was just beginning. Andrew Johnson, Lincoln's successor, argued that the federal government could not abolish slavery. In Johnson's America, there would be no black voting, no civil rights for blacks. When a handful of men and women rose to challenge Johnson, the stage was set for a bruising constitutional battle. Garrett Epps, a novelist and constitutional scholar, takes the reader inside the halls of the Thirty-ninth Congress to witness the dramatic story of the Fourteenth Amendment's creation. At the book's center are a cast of characters every bit as fascinating as the Founding Fathers. Thaddeus Stevens, Charles Sumner, Frederick Douglass, Susan B. Anthony, among others, understood that only with the votes of freed blacks could the American Republic be saved. Democracy Reborn offers an engrossing account of a definitive turning point in our nation's history and the significant legislation that reclaimed the democratic ideal of equal rights for all U.S. citizens.

Reading Humanitarian Intervention

Human Rights and the Use of Force in International Law

Author: Anne Orford

Publisher: Cambridge University Press

ISBN: 9781139435710

Category: Law

Page: N.A

View: 8793


During the 1990s, humanitarian intervention seemed to promise a world in which democracy, self-determination and human rights would be privileged over national interests or imperial ambitions. Orford provides critical readings of the narratives that accompanied such interventions and shaped legal justifications for the use of force by the international community. Through a close reading of legal texts and institutional practice, she argues that a far more circumscribed, exploitative and conservative interpretation of the ends of intervention was adopted during this period. The book draws on a wide range of sources, including critical legal theory, feminist and postcolonial theory, psychoanalytic theory and critical geography, to develop ways of reading directed at thinking through the cultural and economic effects of militarized humanitarianism. The book concludes by asking what, if anything, has been lost in the move from the era of humanitarian intervention to an international relations dominated by wars on terror.