Responsive Legality

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Responsive Legality

Zach Richards
Responsive Legality Book PDF

Author : Zach Richards
Publisher : Routledge
Page : 142 pages
File Size : 40,8 Mb
Release : 2018-08-06
Category : Law
ISBN : 9780429953057

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Responsive Legality by Zach Richards Pdf

Responsive Legality is an important book about twenty first century justice. It explores the legal and moral values that twenty-first-century public officials use to make their decisions, engaging existing theoretical models of administrative justice and updating them to reflect changed twenty-first-century conditions. Together, these features of twenty-first century public administration are coined ‘responsive legality’. Whereas twentieth-century public officials were generally driven by their concern for bureaucratic rationality, professional treatment, moral judgement and – towards the end of the century – the logics of ‘new managerialism’, the twenty-first-century public official embodies greater complexity in their characteristic pursuit of substantive and procedural justice. In responsive legality, government decision makers show a distinct concern for the protective parameters of the rule of law, a purposive pursuit of fair outcomes and a commitment to flexible decision making.

The Concept of Ideals in Legal Theory

Sanne Taekema
The Concept of Ideals in Legal Theory Book PDF

Author : Sanne Taekema
Publisher : Springer Science & Business Media
Page : 274 pages
File Size : 47,9 Mb
Release : 2002-12-31
Category : Philosophy
ISBN : 904111971X

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The Concept of Ideals in Legal Theory by Sanne Taekema Pdf

Talk about law often includes reference to ideals of justice, equality or freedom. But what do we refer to when we speak about ideals in the context of law? This book explores the concept of ideals by combining an investigation of different theories of ideals with a discussion of the role of ideals in law. A comparison of the theories of Gustav Radbruch and Philip Selznick leads up to a pragmatist theory of legal ideals, which provides an interesting new position in the debate about values in law between legal positivists and natural law thinkers. Attention for law's central ideals enables us to understand law's autonomous character, while at the same time tracing its connection to societal values. Essential reading for anyone interested in the role of values or ideals in law.

Re-Inventing Labour Law Enforcement

Louise Munkholm
Re Inventing Labour Law Enforcement Book PDF

Author : Louise Munkholm
Publisher : Bloomsbury Publishing
Page : 207 pages
File Size : 52,7 Mb
Release : 2020-04-30
Category : Law
ISBN : 9781509926381

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Re-Inventing Labour Law Enforcement by Louise Munkholm Pdf

This monograph investigates current issues in labour law enforcement from a socio-legal perspective. It analyses how local Italian enforcement actors promote the protection of workers in Prato – a city that in recent decades has seen a significant influx of Chinese migrants who run small workshops as part of the local clothing industry. Many of the Chinese firms in Prato fail to live up to core labour standards, such as maximum working hours, health and safety at work and payment of social security contributions. The book analyses the strategies and practices employed by three local enforcement actors (labour inspectors, labour unionists and a new type of labour law consultant) in their efforts to assist Chinese firms in improving their level of labour law compliance. Combining documentary, interview and observational data, the book applies theories of legal culture and legal development to address the interaction between law and society. It focuses on the operational aspects of law by asking three interrelated research questions: How do local enforcement actors promote the protection of workers in Chinese firms in Prato? Which tools are employed, and which rationalities drive the initiatives? The book thereby sheds light upon processes of legal cultural adaptation, informing ongoing international and national debates about what can actually be done to combat contemporary gaps in the protection of workers.

Politics and Administrative Justice

Nick O’Brien
Politics and Administrative Justice Book PDF

Author : Nick O’Brien
Publisher : Policy Press
Page : 169 pages
File Size : 53,5 Mb
Release : 2023-12-20
Category : Law
ISBN : 9781529230611

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Politics and Administrative Justice by Nick O’Brien Pdf

In recent years, failures in health and social care, mental health services, public housing and education have dominated headlines and been the subject of much public debate. The means for addressing such concerns remain notably legalistic and subject to a particular brand of liberal legalism that stifles the possibility of transformational intervention. This book argues that there is urgent need for a radical reassessment of the way the law mediates between citizens and the state. Drawing on historical and comparative research, literary, pictorial and cinematic treatments, and the insights of the disability rights movement, Nick O’Brien examines how the everyday regulation of street-level bureaucracy can play an integral part in reimagining postliberal politics and the role of the law.

Crime, Law and Society

MalcolmM. Feeley
Crime Law and Society Book PDF

Author : MalcolmM. Feeley
Publisher : Routledge
Page : 440 pages
File Size : 46,7 Mb
Release : 2017-07-05
Category : History
ISBN : 9781351570633

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Crime, Law and Society by MalcolmM. Feeley Pdf

Malcolm Feeley‘s work is well-known to scholars around the world and has influenced two generations of criminologists and legal scholars. He has written extensively on crime and the legal process and has published numerous articles in law, history, social science and philosophy journals; two of his books, The Process is the Punishment and Court Reform on Trials, have won awards. This volume brings together many of his better-known articles and essays, as well as some of his lesser-known but nevertheless important contributions, all of which share the common theme of the value of the rule of law, albeit a more sophisticated concept than is commonly embraced. The selections also reveal the full range of his interests and the way in which his research interests have developed.

Law and Society in Transition

Philippe Nonet,Philip Selznick,Robert A. Kagan
Law and Society in Transition Book PDF

Author : Philippe Nonet,Philip Selznick,Robert A. Kagan
Publisher : Routledge
Page : 237 pages
File Size : 47,7 Mb
Release : 2017-07-12
Category : Law
ISBN : 9781351509589

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Law and Society in Transition by Philippe Nonet,Philip Selznick,Robert A. Kagan Pdf

Year by year, law seems to penetrate ever larger realms of social, political, and economic life, generating both praise and blame. Nonet and Selznick's Law and Society in Transition explains in accessible language the primary forms of law as a social, political, and normative phenomenon. They illustrate with great clarity the fundamental difference between repressive law, riddled with raw conflict and the accommodation of special interests, and responsive law, the reasoned effort to realize an ideal of polity. To make jurisprudence relevant, legal, political, and social theory must be reintegrated. As a step in this direction, Nonet and Selznick attempt to recast jurisprudential issues in a social science perspective. They construct a valuable framework for analyzing and assessing the worth of alternative modes of legal ordering. The volume's most enduring contribution is the authors' typology-repressive, autonomous, and responsive law. This typology of law is original and especially useful because it incorporates both political and jurisprudential aspects of law and speaks directly to contemporary struggles over the proper place of law in democratic governance. In his new introduction, Robert A. Kagan recasts this classic text for the contemporary world. He sees a world of responsive law in which legal institutions-courts, regulatory agencies, alternative dispute resolution bodies, police departments-are periodically studied and redesigned to improve their ability to fulfill public expectations. Schools, business corporations, and governmental bureaucracies are more fully pervaded by legal values. Law and Society in Transition describes ways in which law changes and develops. It is an inspiring vision of a politically responsive form of governance, of special interest to those in sociology, law, philosophy, and politics.

Living Lawfully

Z. Bankowski
Living Lawfully Book PDF

Author : Z. Bankowski
Publisher : Springer Science & Business Media
Page : 255 pages
File Size : 51,8 Mb
Release : 2013-04-17
Category : Philosophy
ISBN : 9789401720991

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Living Lawfully by Z. Bankowski Pdf

The aim of this book is to explore what it means to live a life under the law. Does a life of law preclude love and does a life of love preclude law? Part of the theme of the book is that social questions also raise individual moral and ethical questions; that to live lawfully implies both a question of how I should live in my relations with my fellows and how society should be organised. These questions must be looked at together. The book explores these questions and in looking at the articulation of law and love touches upon debates in personal morality, aesthetics, epistemology, social and political organisation, institutional design and the form and substance of law. It raises questions that are of interest to students and those working in law, theology, and social and political theory.

Pragmatist Governance

Christopher Ansell
Pragmatist Governance Book PDF

Author : Christopher Ansell
Publisher : Oxford University Press
Page : 294 pages
File Size : 44,6 Mb
Release : 2011-09-29
Category : Philosophy
ISBN : 9780199772438

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Pragmatist Governance by Christopher Ansell Pdf

The philosophy of pragmatism advances an evolutionary, learning-oriented perspective that is problem-driven, reflexive, and deliberative.

The Anthem Companion to Philip Selznick

Paul van Seters
The Anthem Companion to Philip Selznick Book PDF

Author : Paul van Seters
Publisher : Anthem Press
Page : 236 pages
File Size : 42,6 Mb
Release : 2021-08-17
Category : Social Science
ISBN : 9781785278266

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The Anthem Companion to Philip Selznick by Paul van Seters Pdf

The Anthem Companion to Philip Selznick is a collection of essays by renowned authors on the preeminent sociologist, Philip Selznick (1919–2010). He is widely recognized for his major contributions to a number of fields, including general sociology, sociology of organizations, industrial sociology, sociology of law and moral sociology. The contributions in the book cross disciplinary boundaries, bridge disciplinary divides, and display an awareness of and respect for Selznick’s humanist sensibility. Selznick would have felt very comfortable in this company. In that sense, all the chapters of The Anthem Companion to Philip Selznick are true companions to Selznick’s sociology.

Law, Modernity, Postmodernity

Brendan Edgeworth
Law Modernity Postmodernity Book PDF

Author : Brendan Edgeworth
Publisher : Routledge
Page : 445 pages
File Size : 42,9 Mb
Release : 2019-07-30
Category : Law
ISBN : 9781351725613

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Law, Modernity, Postmodernity by Brendan Edgeworth Pdf

This title was first published in 2003. This book examines the interrelationship between the unravelling of the post-war welfare state and legal change. By reference to theorists of postmodernity such as Zygmunt Bauman, Scott Lash and John Urry, and David Harvey, the principal argument is that contemporary law and legal institutions can be best understood as having changed in ways that mirror the recent transformation of the interventionist welfare state and its Fordist, Keynesian economic infrastructure. The key changes identified in the legal field include:- the shift toward marketized regulatory structures as reflected in privatization and deregulation, the attenuation of welfare rights, the privatization of justice, legal polycentricity, the reconfiguration of the welfare state’s social citizenship and the globalization of law. Empirical evidence from a number of jurisdictions is adduced to indicate the general direction of change.

Law, Vulnerability, and the Responsive State

Martha Albertson Fineman,Laura Spitz
Law Vulnerability and the Responsive State Book PDF

Author : Martha Albertson Fineman,Laura Spitz
Publisher : Taylor & Francis
Page : 269 pages
File Size : 44,9 Mb
Release : 2023-10-09
Category : Social Science
ISBN : 9781000968101

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Law, Vulnerability, and the Responsive State by Martha Albertson Fineman,Laura Spitz Pdf

This book considers how vulnerability theory provides the basis for a reconceptualization of the liberal ideas of autonomy, equality, and freedom. Vulnerability theory argues a “vulnerable legal subject” should displace the “liberal legal subject” that currently dominates law and policy. The theory is based on the fundamental empirical realities of the material body and offers an alternative to a social contract or rights-based notion of state responsibility, both of which tend to privilege abstractions such as rationality or dignity. A vulnerability analysis poses law and policy questions based on the “vulnerable legal subject” and requires new thinking about state or governmental responsibility. To achieve a truly comprehensive and inclusive notion of what constitutes social justice or a universal or common good, vulnerability theory mandates a reassessment of both equality and freedom as these concepts are currently conceived. Presenting the work of scholars from a wide range of doctrinal areas, it is this task that the book takes up. In particular, in recognizing that many social or institutional relationships entail uneven positions of dependence and reliance, it maintains that individualized notions of equality or freedom are inadequate and must be reformulated to include a sense of collective or social justice, incorporating asymmetric or unequal allocations of responsibility, and requiring appropriate limitations on the individual. This book’s reorientation of the subject, as well as the central objectives of law and policy, will appeal to scholars and students in law, vulnerability studies, gender studies, critical legal and political theory, politics, philosophy, and sociology.

The Oxford Handbook of Administrative Justice

Marc Hertogh,Richard Kirkham,Robert Thomas,Joe Tomlinson
The Oxford Handbook of Administrative Justice Book PDF

Author : Marc Hertogh,Richard Kirkham,Robert Thomas,Joe Tomlinson
Publisher : Oxford University Press
Page : 745 pages
File Size : 53,6 Mb
Release : 2022
Category : Law
ISBN : 9780190903084

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The Oxford Handbook of Administrative Justice by Marc Hertogh,Richard Kirkham,Robert Thomas,Joe Tomlinson Pdf

"The core animating feature of administrative justice scholarship is the desire to understand how justice is achieved through the delivery of public services and the actions, inactions, and decision-making of administrative bodies. The study of administrative justice also encompasses the redress systems by which people can challenge administrative bodies to seek the correction of injustices. For a long time now, scholars have been interested in administrative justice, but without necessarily framing their work as such. Rather than existing under the rubric of administrative justice, much of the research undertaken has existed within sub-categories of disciplines, such as law, sociology, public policy, politics, and public administration. Consequently, although aspects of the topic have attracted rich contributions across such disciplines, administrative justice has rarely been studied or taught in a manner that integrates these areas of research more systematically. This Handbook signals a major change of approach. Drawing together a group of world-leading scholars of administrative justice from a range of disciplines, The Oxford Handbook of Administrative Justice shows how administrative justice is a vibrant, complex, and contested field that is best understood as an area of inquiry in its own right, rather than through traditional disciplinary silos"--

From Economy to Society

Bettina Lange,Dania Thomas,Austin Sarat
From Economy to Society Book PDF

Author : Bettina Lange,Dania Thomas,Austin Sarat
Publisher : Emerald Group Publishing
Page : 288 pages
File Size : 55,6 Mb
Release : 2013-11-11
Category : Law
ISBN : 9781781907399

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From Economy to Society by Bettina Lange,Dania Thomas,Austin Sarat Pdf

Leading socio-legal scholars explore whether and how the idea of harnessing the regulatory capacity of a social sphere provides a new analytical lens that can provide fresh insights into transnational risk regulation.

Research Handbook on the Sociology of Law

Jiří Přibáň
Research Handbook on the Sociology of Law Book PDF

Author : Jiří Přibáň
Publisher : Edward Elgar Publishing
Page : 416 pages
File Size : 45,5 Mb
Release : 2020-12-25
Category : Law
ISBN : 9781789905182

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Research Handbook on the Sociology of Law by Jiří Přibáň Pdf

This unique Research Handbook maps the historical, theoretical, and methodological concepts in sociology of law, exploring the rich and complex nature of this area of research. It argues that sociology of law flourishes due to its strong capacity for interdisciplinary engagement and links to other scientific concepts, methodologies and research fields.

Legality and Community

Philip Selznick
Legality and Community Book PDF

Author : Philip Selznick
Publisher : Rowman & Littlefield
Page : 434 pages
File Size : 43,8 Mb
Release : 2002
Category : Law
ISBN : 0742516253

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Legality and Community by Philip Selznick Pdf

Twenty-three essays from the fields of sociology, legal theory, social theory, and moral philosophy consider the role of basic moral and social commitments, the ideal of legality, the sociology of institutions, and the search for community. Questions surrounding the need for responsive law and governance, the development of humane institutions, and the balance between freedom and communal life are expressly considered. Annotation copyrighted by Book News, Inc., Portland, OR