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1
Wisātsakun, Wīrabūn. Civil society movement to revoke the Thai patent on DDI. Medecins Sans Frontieres-Belgium, 2004.
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2
van Dijck, José, Karin van Es, Anne Helmond, and Fernando van der Vlist. Governing the Digital Society. Amsterdam University Press, 2025. https://doi.org/10.5117/9789048562718.
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Digital technologies have rapidly become integral to communities and societies, bringing both significant benefits and serious concerns. Issues such as misinformation, disinformation, online polarization, discrimination, and widening inequalities have prompted a critical and urgent debate: Can digital societies still be effectively governed? This book brings together insights from various disciplines to address the pressing question: “How can we develop and apply principles of (good) governance in digital societies that are organized democracies?” Governing the Digital Societypresents a range of governance approaches, focusing on online platforms, artificial intelligence, and the public values that underpin these technologies. The authors position themselves at the forefront of their disciplines, offering perspectives from law, critical data studies, urban studies, science and technology studies, computational linguistics, and the political economy of media. Expert interviews provide additional insights into ongoing efforts to tackle the challenges of governing digital societies. The book demonstrates that governance is not just a technical or legal process but a complex societal one, embedding norms, values, and morality into our institutions and daily lives.
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Shumilina, Vera, Galina Krokhicheva, Tat'yana Sidorina, et al. Socio-economic and legal problems of modern society. AUS PUBLISHERS, 2022. http://dx.doi.org/10.26526/monography_61e7f12a5a16c6.22843996.
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The problems of the socio-economic development of Russia, as well as the problems associated with law enforcement that exist today, are associated with many factors that have their roots since the collapse of the Soviet Union, as well as a result of subsequent reforms, crises, total economic changes and other factors ... Currently, the pandemic is having a big impact.
 In addition, the development of modern society is influenced by the processes of globalization and digitalization, which resulted in a reassessment of values, changes in education, culture, and legal aspects of society.
 This monograph is a collective work of teachers and students of the Department of Economic Security, Accounting and Law of the Don State Technical University and the Department of Analysis of Economic Activity and Forecasting of the Rostov State Economic University (RINH).
 It is devoted to the study of individual socio-economic and legal problems and processes.
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Lee, Butler Lynda, Bearinger David, and Virginia Foundation for the Humanities and Public Policy., eds. The Bill of Rights, the courts & the law: The landmark cases that have shaped American society, with essays and case commentary. 3rd ed. Virginia Foundation for the Humanities and Public Policy, 1999.
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5
Naskar, Abhijit. Operation Justice: To Make a Society That Needs No Law. Independently Published, 2019.
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6
More Than Victims: Battered Women, the Syndrome Society, and the Law (Morality and Society Series). University Of Chicago Press, 1998.
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More than victims: Battered women, the syndrome society, and the law. University of Chicago Press, 1996.
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Ibbetson, David. Obligatio in Roman Law and Society. Edited by Paul J. du Plessis, Clifford Ando, and Kaius Tuori. Oxford University Press, 2016. http://dx.doi.org/10.1093/oxfordhb/9780198728689.013.43.
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Obligatio is defined in Justinian’s Institutes as a tie of law, a legal relationship between two persons whereby one is constrained by the other to do or refrain from doing something. It brings together relationships arising out of contract or delict, though the Digest shows it used more generally wherever a personal bond was created. Its roots lie in the verb ligare, to bind; but although Roman lawyers preferred the use of verbs over abstract nouns, here the noun form is almost as common as the verb. As a noun obligatio describes either the active or the passive aspect of the relationship or the relationship itself, allowing flexibility in legal thinking. Originally, obligatio may have been related to actio, so that only enforceable relationships were included within the word, but by classical law it applied to any relationship with legal consequences, whether or not the relationship was enforceable.
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Fisk, Catherine L. &: Law _ Society in Historical Legal Research. Edited by Markus D. Dubber and Christopher Tomlins. Oxford University Press, 2018. http://dx.doi.org/10.1093/oxfordhb/9780198794356.013.26.
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This chapter begins with a brief survey of different interdisciplinary approaches to the historical study of law. It then explores the growth of both halves of the law & society dyad. It explains how that growth put pressure on the conjunctive metaphor that has long been used to describe the relationship between law and that which stands outside law, whether it be society, economy, polity, or something else. It suggests that the nature of law & society approaches to history has a great deal to do with what practitioners of the historical study of law conceptualize as being required by the ampersand, or by whatever other metaphor one might put in its place.
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Raufu, Abiodun, Omolade Olomola, and Edidiong Mendie. Gender-Based Violence, Law, and African Society. The Rowman & Littlefield Publishing Group, 2023. https://doi.org/10.5040/9781666990881.
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Gender-based violence is a convoluted concept with no single explanation or solution. Abiodun Raufu, Omolade Olomola, and Edidiong Mendie bring to light the different dimensions of gender-based violence in Africa, such as the challenges of patriarchy, the limits of the law, and the cultural acceptance of violence against women in the private sphere. In spite of the different forms and causes of violence, it is universally recognized as a destructive force that has extensive consequences for both individuals and society. In order to combat violence, it is important to understand its root causes and foundational issues to facilitate workable solutions through a range of strategies, including education, prevention, and intervention programs. This book will be of interest to students and scholars in criminology, sociology, legal studies, African studies, and more.
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Pölönen, Janne. Framing “Law and Society” in the Roman World. Edited by Paul J. du Plessis, Clifford Ando, and Kaius Tuori. Oxford University Press, 2016. http://dx.doi.org/10.1093/oxfordhb/9780198728689.013.2.
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Common interests in Roman law have brought Romanists and historians to a close and invaluable dialogue. Whether it is understanding law in a social context or society in light of law, historians without legal training tend to have different expectations about the role played by the law in society than lawyers, and not without controversy. This chapter explores lawyers’ and historians’ approaches to Roman law, and their underlying law and society assumptions, against the background of legal science and sociology of law traditions. It suggests that contemporary socio-legal scholarship, in dialogue with legal science, provides a sound theoretical and methodological framework for the study of law and society in Roman world.
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Ox That Gored: A Reprint of Transaction of the American Philosophical Society, Vol. 71, No. 2 Transactions, American Philosophical Society. DIANE Publishing Company, 2007.
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Thomas, Feltes, and Hofmann Robin. Part I General Questions, 3 Transnational Organised Crime and its Impacts on States and Societies. Oxford University Press, 2016. http://dx.doi.org/10.1093/law/9780198733737.003.0003.
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Transnational organised crime (TOC) impacts states and societies on different levels. It can have devastating effects on the state, the rule of law, and the economy in countries. It is a great challenge for criminological research to measure those impacts and give a precise account of the consequences societies face when infiltrated by TOC. Depending on legal, institutional, and socio-economic conditions in states and societies, these impacts may vary in their effect. Where governments and state institutions are weak and the civil society poor, TOC seemingly flourishes. Nevertheless, the conditions for this flourishing of TOC are much more complex than the simple link between weak states, poverty, and TOC might suggest. To achieve a more complete and clearer picture of TOC and its impact on societies, it is important to consider it as an integral part of society, not an external invader. Therefore, TOC is strongly linked to societal developments in recent years, particularly with globalization.
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du Plessis, Paul J., Clifford Ando, and Kaius Tuori, eds. The Oxford Handbook of Roman Law and Society. Oxford University Press, 2016. http://dx.doi.org/10.1093/oxfordhb/9780198728689.001.0001.
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The Handbook surveys contemporary research into Roman law and society. More than a guide to Roman law as a doctrinal system, it employs the full resources of contemporary legal history, from comparison to popular constitutionalism, from international private law to law and society. The volume brings the study of Roman law into closer alignment with historical, sociological and anthropological research in law in other periods. The volume is directed not simply to ancient historians and legal historians already focused on the ancient world, but to historians of all periods interested in law and its complex and multifaceted relationship to society.
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Fiori, Roberto. Contracts, Commerce and Roman Society. Edited by Paul J. du Plessis, Clifford Ando, and Kaius Tuori. Oxford University Press, 2016. http://dx.doi.org/10.1093/oxfordhb/9780198728689.013.44.
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The Roman law of contract has developed itself around the idea of obligation. At the beginning of its history, transactions were possibly differentiated only at an economical level, while from the juristic point of view only the obligatio mattered, so that the judicial remedies were general actions. This was probably a legacy of archaic law and society—which valued community more than the individual—some features of which were retained until the end of the Republic. However, changes in civil procedure caused the arising of a contractual system based on typicality, and this had the further consequence that the transactions not received into the system were considered atypical, their protection being provided by the reuse of the ancient general actions under new form. At the end of the Principate, changes in society and civil procedure reduced the importance of typicality, and some characteristic features of classical contract law were lost.
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Klerman, Dan. Economics of Legal History. Edited by Francesco Parisi. Oxford University Press, 2017. http://dx.doi.org/10.1093/oxfordhb/9780199684250.013.028.
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In order to make sense of the field, this survey identifies and discusses five genres of scholarship that use economics to understand legal history: 1) Works that analyze law as the dependent variable try to explain why societies have the laws they do and why laws change over time. 2) Scholarship that views law as an independent variable looks at the effect of law and legal change on human behavior. 3) In bidirectional histories, law and society interact in dynamic ways over time. Laws change society, but change in society in turn leads to pressure to change the law, which starts the cycle over again. 4) Studies of private ordering investigate the ability of groups to develop norms and practices partly or wholly independently of the state. 5) Works on litigation and contracts in former times analyze these phenomena using modern tools and theories.
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Bewaji, John Ayotunde Isola. Rule of Law and Governance in Indigenous Yoruba Society. The Rowman & Littlefield Publishing Group, 2016. https://doi.org/10.5040/9781978736849.
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In The Rule of Law and Governance in Indigenous Yoruba Society, John Ayotunde Isola Bewaji has two main goals. The first is to provide an exploration of aspects of indigenous Yoruba philosophy of law. The second is to relate this philosophy of law to the Yoruba indigenous traditions of governance, with a view to appreciating the relevance of the Yoruba traditions of law and governance to contemporary African experiments with imported Western democracy in the 21st century. This book is devoted to what can be described as a juridical forensic investigation of Nigeria’s predicament of developmental deficit, leading to gross and unconscionable impoverishment of large segments of the population, in the midst of so much natural resources and abundant human capital, using Yoruba indigenous legal traditions as reflective template. Bewaji urges that Africa has to take seriously the necessity of obedience, observance, enforcement and operation of law as no respecter of persons, groups, affiliations and pedigrees as was in the case in the societies founded by our ancestors, rather than the present scenario whereby the highest bidder procures semblances of justice from a crooked system of common law which was never designed to be fair, equitable and just to the disadvantaged in society.
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Richardson, Chris, ed. Violence in American Society. ABC-CLIO, LLC, 2020. http://dx.doi.org/10.5040/9798216032441.
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While many books explore such specific issues as gun violence, arson, murder, and crime prevention, this encyclopedia serves as a one-stop resource for exploring the history, societal factors, and current dimensions of violence in America in all its forms. This encyclopedia explores violence in the United States, from the nation's founding to modern-day trends, laws, viewpoints, and media depictions. Providing a nuanced lens through which to think about violence in America, including its underlying causes, its iterations, and possible solutions, this work offers broad and authoritative coverage that will be immensely helpful to users ranging from high school and undergraduate students to professionals in law enforcement and school administration. In addition to detailed and evenhanded summaries of the key events and issues relating to violence in America, contributors highlight important events, political debates, legal perspectives, modern dimensions, and critical approaches. This encyclopedia also features excerpts from such important primary source documents as legal rulings, presidential speeches, and congressional testimony from scholars and activists on aspects of violence in America. Together, these documents provide important insights into past and present patterns of violent crime in the United States, as well as proposed solutions to those problems.
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Annas, Julia. Virtue and Law in Plato and Beyond. Oxford University Press, 2017. http://dx.doi.org/10.1093/oso/9780198755746.001.0001.
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The Laws is Plato’s second attempt to outline an ideal society. It does not, as often thought, introduce the rule of law as a rejection of the rule of virtue in the Republic. In the Laws the place of law in the development of virtue is rethought, and Plato tempers the importance of obedience to law with the need for citizens to understand their laws as structuring a virtuous way of life in which they actively participate. Plato now develops a fresh methodology for political thought, one which learns from the past, and recognizes the value in a good society of citizen participation, and of a number of modified Athenian political institutions, in which all citizens play a part, rather than most submitting to the expertise of a few. Less approachable than the Republic, the Laws is richer in political and ethical ideas and sets the project of an ideal society in a wider and richer context. One idea, namely that citizens should comprehend their laws as shaping a good way of life, is taken up and developed independently by Cicero and by Philo of Alexandria, who in different ways draw out some implications of the Laws.
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Brinig, Margaret, ed. International Survey of Family Law 2021. Intersentia, 2021. http://dx.doi.org/10.1017/9781839702020.
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The International Society of Family Law is an independent, international, and non-political scholarly association dedicated to the study, research and discussion of family law and related disciplines. The Society's membership currently includes professors, lecturers, scholars, teachers and researchers from more than fifty different countries, offering a unique opportunity for networking within a truly international family law community. The <i>International Survey of Family Law</i> is the annual review of the International Society of Family Law. It brings together reliable and clearly structured insights into the latest and most notable developments in family law from all around the globe. Chapters are prepared by an international team of selected experts in the field, usually covering twenty or more jurisdictions in each edition. <br><br>Despite the COVID-19 pandemic, the 2021 edition of the <i>Survey</i> traces developments from around the world, brought about through international, national and local bodies. The chapters analyse civil and common law systems, as well as decisions of the United Nations and the European Union courts. Some chapters focus on the beginnings of families, including marriage, adoption and assisted reproduction, while others deal with their dissolution or the effects (and aftereffects) of aging. Once again, our authors include emerging scholars as well as highly regarded academics, judges and practitioners.
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HP, Lee. 7 The Islamization Phenomenon: The New Constitutional Battlefront. Oxford University Press, 2017. http://dx.doi.org/10.1093/law/9780198755999.003.0008.
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This chapter examines the phenomenon of Islamization in Malaysia. The hallmark of Islamism is its ‘quintessentially political agenda’ involving ‘the politicization of Islam through the aligning of structures of governance and society with Islamic strictures’. In contemporary Malaysia, Islamization puts into the spotlight the reconciliation of this phenomenon with the Malaysian Constitution, which was crafted as a governing instrument for a multiracial, multilingual, and multireligious society. The general unease of the non-Muslim segment of Malaysian society was aggravated by a highly publicized pronouncement of Prime Minister Mahathir, on 29 September 2001, that Malaysia was already an Islamic State. The remainder of the chapter discusses controversial episodes that have engendered concern over the Islamization phenomenon and its significance for constitutionalism in Malaysia.
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van der Sloot, Bart. Regulating the Synthetic Society. Hart Publishing, 2024. http://dx.doi.org/10.5040/9781509974979.
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Experts predict that in 5 years’ time, more than 90% of all digital content will be wholly or partially AI generated. In a synthetic society, it may no longer be possible to establish what is real and what is not. Central to this open access book are 4 technologies on the frontline of this trend: humanoid robots, deepfakes, augmented reality, and virtual reality. Although they are only in their relative infancy, these technologies can already produce content that is indistinguishable from authentic material. The impact of this new reality on democracy, the judicial system, the functioning of the press, as well as on personal relationships will be unprecedented. Van der Sloot describes the technological fundaments of each of those technologies and maps their positive uses for educational purposes as well as for the treatment of patients, for the entertainment and creative industries, and the retail and financial sectors. The book also conceptualises their negative uses for fraud, deception, exploitation, identity-theft and exploitation, and shows their deeper effects on the post-truth society, the privatisation of the public sphere, and the loss of individual autonomy and societal trust. The book evaluates how the current European legal paradigm applies to these technologies, focussing on the right to privacy and data protection, freedom of expression, procedural law, tort law, and the regulation of AI. It discusses regulatory alternatives to solve existing regulatory gaps and shows that there are no easy answers. The ebook editions of this book are available open access under a CC BY-NC-ND 4.0 licence on bloomsburycollections.com.
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Baringer, David. The Bill of Rights, the Courts & the Law: The Landmark Cases : Cases That Have Shaped American Society. 3rd ed. Humanities and Public Policy, 1999.
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Zimmermann, Jens. 6. Hermeneutics and law. Oxford University Press, 2015. http://dx.doi.org/10.1093/actrade/9780199685356.003.0006.
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‘Hermeneutics and law’ begins with natural law in Greco-Roman culture and God’s moral law of Christendom. It then explains legal positivism as espoused by John Austin (1790–1859) and the more democratic ideal of Herbert L. A. Hart (1907–92). For Hart, society operates two sets of legal rules: primary rules that tell us not to steal or not to kill, and secondary rules ‘of recognition’ by which primary positive law is recognized and applied in a regulated manner. Critics of legal positivism—legal realism and natural law—are discussed, before concluding that a legal judgment involves more than the mere application of rules. To judge is to interpret.
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Hasnas, John. Common Law Liberalism. Oxford University PressNew York, NY, 2024. http://dx.doi.org/10.1093/9780197784631.001.0001.
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Abstract Libertarian philosophers of law often argue that unless law arises from some express or implicit social contract by which individuals consent to be bound, it constitutes unjustified coercion that subjects some human beings to the will of others. This book argues that this is a false dilemma. Law can arise through a process of unplanned evolution in which those subject to law are bound, but not by the will of any identifiable human beings. Although law is inherently coercive, it is not inherently a vehicle for domination. Anglo-American common law that evolves without a guiding human intelligence is this type of law. This book maintains that the common law generative process can provide all the law that is needed to maintain a peaceful, prosperous society.
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Thagard, Paul. Mind-Society. Oxford University Press, 2019. http://dx.doi.org/10.1093/oso/9780190678722.001.0001.
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Social change comes from the combination of communication among people and their individual cognitive and emotional processes. This book systematically connects neural and psychological explanations of mind with social phenomena, covering major social sciences (social psychology, sociology, politics, economics, anthropology, and history) and professions (medicine, law, education, engineering, and business). The aim is not to reduce the social to the psychological but rather to display their harmony and interdependence. This display is accomplished by describing the interconnections among mental and social mechanisms, which interact to generate social changes ranging from marriage patterns to wars. The major tool for this description is the method of social cognitive-emotional workups, which connects the mental mechanisms operating in individuals with social mechanisms operating in groups. Social change is the result of emergence from interacting social and mental mechanisms, which include the neural and molecular processes that make minds capable of thinking. Validation of hypotheses about multilevel emergence requires detailed studies of important social changes, from norms about romantic relationships to economic practices, political institutions, religious customs, and international relations. This book belongs to a trio that includes Brain–Mind: From Neurons to Consciousness and Creativity and Natural Philosophy: From Social Brains to Knowledge, Reality, Morality, and Beauty. They can be read independently, but together they make up a Treatise on Mind and Society that provides a unified and comprehensive treatment of the cognitive sciences, social sciences, professions, and humanities.
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Schwabach, Aaron. Internet and the Law. 2nd ed. Bloomsbury, 2014. http://dx.doi.org/10.5040/9798400671678.
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The world of Internet law is constantly changing and is difficult to follow, even for those for whom doing so is a full-time job. This updated, everything-you-need-to-know reference removes the uncertainty. Internet and the Law: Technology, Society, and Compromises, Second Edition is the go-to source for anyone who needs clear explanations of complex legal concepts related to online practices and content. This wide-ranging, alphabetical reference explores diverse areas of law, including territorial jurisdiction and taxation, that are relevant to or affected by advances in information technology and the rise of the Internet. Particular emphasis is placed on intellectual property law and laws regarding freedom of expression. The Internet, as this book shows, raises questions not only about how to protect intellectual creations, but about what should be protected. Entries also discuss how the Web has brought First Amendment rights and free expression into question as society grapples with attempts to control "leaks" and to restrict content such as pornography, spam, defamation, and criminal speech.
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Gerard, McMeel. Part I The General Part, 5 External Context: Surrounding Circumstances, ‘Matrix’, and ‘Background’. Oxford University Press, 2017. http://dx.doi.org/10.1093/law/9780198755166.003.0005.
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This chapter turns to the ‘external context’. Firstly, the chapter describes the traditional rule that surrounding circumstances are taken into account. Secondly, it traces how that traditional rule evolved into the modern approach of having regard to the wider legal and factual matrix, through the seminal speeches of Lord Wilberforce to Lord Hoffmann's restatement of the governing principles in Investors Compensation Scheme Ltd v West Bromwich Building Society. Thirdly, the scope of the exclusionary rules is examined in the light of the two leading cases of Investors Compensation Scheme Ltd v West Bromwich Building Society and Chartbrook Ltd v Persimmon Homes Ltd. Finally, consideration is given to arguments for further liberalization of the admissibility rules.
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Levesque, Roger J. R. Determining the Legitimacy of Laws That Use Racial/Ethnic Classifications. Oxford University Press, 2017. http://dx.doi.org/10.1093/oso/9780190633639.003.0002.
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Under the US Constitution, the government must ensure that individuals receive the equal protection of laws. This mandate, however, becomes challenging in that equal protection may be different depending on the involved individuals and circumstances. This chapter examines the general parameters of how the legal system addresses claims alleging violations of rights, such as those involving differential treatment based on race. The analysis demonstrates when discrimination exists in law and, equally important, discusses what is needed to envision ways to reach societal interests relating to equal opportunities and equal treatment. The chapter concludes by noting how these legal developments influence the potential relevance and utility of empirical evidence.
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Tyler, Tom R., and Rick Trinkner. The Development of Legal Reasoning. Oxford University Press, 2017. http://dx.doi.org/10.1093/acprof:oso/9780190644147.003.0005.
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The cognitive developmental model of legal socialization is discussed in chapter 5. This approach emphasizes the development of legal reasoning and focuses on how such thinking shapes legal judgments about the purpose of laws, how legal authority should be used, and whether people should feel obligated to obey legal institutions. Basically, legal reasoning provides a framework to understand the nature of society and the requirements of social order, leading to judgments about the legitimacy of the law. Building on Kohlberg’s work in moral development, the legal reasoning perspective argues that people develop increasingly abstract and sophisticated models of the relationship between society and the law with respect to the position and duties of the law and the responsibilities and obligations of citizens. This provides a basis for understanding when to follow appropriate laws and when to violate laws viewed as unjust or unprincipled.
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Carter, Gregg Lee, ed. Guns in American Society. ABC-CLIO, 2002. http://dx.doi.org/10.5040/9798216190677.
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Top scholars present an unbiased, two-volume set that takes on the explosive issue of guns and gun violence in the United States. How Americans feel about guns is usually determined by personal experience rather than research results, observes sociologist Gregg Lee Carter. His goal in compilingGuns in American Society, the most comprehensive single source of information on the gun issue, is to help readers educate themselves. Is the high rate of violence in the United States linked to the prevalence of guns—or to a lack of social homogeneity and economic inequality? Should there be support for stricter or more lenient gun control? Should people carry concealed weapons for personal protection? What exactly did the authors of the Constitution mean by "the right of the people to keep and bear arms"? The encyclopedia doesn't tell readers how to answer these questions. Instead, it helps them sift through the latest thinking and research in the fields of criminology, history, law, medicine, politics, and sociology, providing objective information so they can make up their own minds.
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Harvey, Peter. The Buddhist Just Society. Edited by Daniel Cozort and James Mark Shields. Oxford University Press, 2018. http://dx.doi.org/10.1093/oxfordhb/9780198746140.013.15.
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Buddhism posits a basic equality of sentient beings as faced with suffering and in need of liberation. It also regards humans in particular as having a precious kind of rebirth with great potential for liberation in spite of their different karmic backgrounds. Respect for others is seen in the reflection, ‘For a state that is not pleasing or delightful to me, how could I inflict that on another?’ (SN V.353–354; Harvey 2000: 33–34). This is given as a reason for not inflicting wrong action or wrong speech on others. This chapter discusses Buddhist ideals on good social relationships and the good governance of society, in which a government should seek to prevent poverty, punish crime in a way that is reform-orientated and compassionate yet effective, and sets an ethical example. It includes a discussion of attitudes to capital punishment, democracy, and the extent to which the law should encode ethics.
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Emerson, Blake. The Public's Law. Oxford University Press, 2019. http://dx.doi.org/10.1093/oso/9780190682873.001.0001.
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The Public’s Law is a theory and history of democracy in the American administrative state. The book describes how American Progressive thinkers—such as John Dewey, W.E.B. Du Bois, and Woodrow Wilson—developed a democratic understanding of the state from their study of Hegelian political thought. G.W.F. Hegel understood the state as an institution that regulated society in the interest of freedom. This normative account of the state distinguished his view from later German theorists, such as Max Weber, who adopted a technocratic conception of bureaucracy, and others, such as Carl Schmitt, who prioritized the will of the chief executive. The Progressives embraced Hegel’s view of the connection between bureaucracy and freedom, but sought to democratize his concept of the state. They agreed that welfare services, economic regulation, and official discretion were needed to guarantee conditions for self-determination. But they stressed that the people should participate deeply in administrative policymaking. This Progressive ideal influenced administrative programs during the New Deal. It also sheds light on interventions in the War on Poverty and the Second Reconstruction, as well as on the Administrative Procedure Act of 1946. The book develops a normative theory of the state on the basis of this intellectual and institutional history, with implications for deliberative democratic theory, constitutional theory, and administrative law. On this view, the administrative state should provide regulation and social services through deliberative procedures, rather than hinge its legitimacy on presidential authority or economistic reasoning.
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Tools of Law That Shape Capitalism: And How Altering Their Use Could Give Form to a More Just Society. Springer International Publishing AG, 2020.
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Butterworth, Susan. More Than Law And Order: Policing in a Changing Society, 1945-1992 (The History of Policing in New Zealand). Univ of Otago Pr, 2005.
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Matsuda, Mari J. Words That Wound: Critical Race Theory, Assaultive Speech, and the First Amendment (New Perspectives on Law, Culture, and Society). Westview Press, 1993.
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Ulrich, George, and Ineta Ziemele, eds. How International Law Works in Times of Crisis. Oxford University Press, 2019. http://dx.doi.org/10.1093/oso/9780198849667.001.0001.
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Crises have always been part of international law discipline and some even say part of the identity of an international lawyer. History shows that international law has developed through reacting to previous experiences of crisis. International law reflects agreement on how to avoid known crisis from repeating. However, human society evolves and challenges existing rules, structures, and agrements. The evolution certainly confronts international law with questions as to the suitability of the existing for the new stages of development. Ulrich and Ziemele have brought together the selected speakers of the European Society of International Law annual conference which took place in Latvia and was organized by the Riga Graduate School of Law and the Society in 2016. The editors have characterized the international law and crisis discourse as dialectic and they have grouped the articles contained in the volume under four main themes—security, immunities, sustainable development, and philosophical perspectives—which show those areas of international law which are currently facing noticeable challenge and confrontation from various developments in society. The surprising general conclusion emerging in this collection is the confirmation that by and large international legal system contains concepts, principles, rules, mechanisms, and formats for addressing the various developments that may prima facia seem to challenge these very same elements of the system. Their use, however, involves informed policy decisions.
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Annas, Julia. Virtue in a Framework of Law. Oxford University Press, 2017. http://dx.doi.org/10.1093/oso/9780198755746.003.0004.
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This chapter discusses how in aiming, as in the Republic, to establish an ideal society where citizens achieve happiness in living virtuously, Plato in the Laws requires of these citizens both strict obedience to their laws and he also requires them to understand their aims, and the value of living in accordance with these aims. Through their character education and the ‘preludes’ to the laws, citizens come to obey the laws in a spirit that promotes the development of virtues, rather than mere rule following. Overall their characters will internalize the priority of virtue to other things in their lives.
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Bui, Ngoc Son, and Mara Malagodi, eds. Asian Comparative Constitutional Law. Hart Publishing, 2024. http://dx.doi.org/10.5040/9781509949762.
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This is the second in a 4-volume set that provides the definitive account of the major issues of comparative constitutional law in Asian jurisdictions. Volume 2 looks at constitutional amendments and offers answers to questions about the formal rules for amending the constitution such as: - Who initiates an amendment proposal? - How is the amendment proposal adopted? - How are the amendments codified? and the neo-institutional questions regarding amendment practices such as: - Why is the constitution amended? - Who engages in the amendment process? - How does the amendment affect the political system and the society? Volume 2 covers 17 Asian jurisdictions including: Bangladesh, Cambodia, mainland China, Hong Kong, India, Indonesia, Japan, Malaysia, Mongolia, Myanmar, North Korea, the Philippines, Singapore, South Korea, Sri Lanka, Taiwan and Thailand.
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Koser, Khalid. 7. Migrants in society. Oxford University Press, 2016. http://dx.doi.org/10.1093/actrade/9780198753773.003.0007.
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‘Migrants in society’ examines how migrants affect destination societies by considering the economic, political, social, and cultural impacts of immigration. Migrants are seen by some to aid economic growth with their ambition or willingness to take on low-paid jobs; others say they increase native unemployment and undercut unions. Future generations of migrants should be better off than their parents, but ethnic minorities can still struggle. Migrants enjoy voting rights in many countries, but European far right politics has re-emerged. Migrants may be a short term solution to ageing populations and low birth rates, but this is not a permanent fix. Immigration can enrich culture, but important integration challenges must be met.
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Schell, Bernadette H. The Internet and Society. ABC-CLIO, 2006. http://dx.doi.org/10.5040/9798400671661.
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An examination of the social impact of the Internet, this volume explores political, social, technical, legal, and economic controversies in a manner accessible to the general reader. Today more than one billion people worldwide use the Internet for communication, shopping, business, and research. But in the last five years they have lost over $10 billion to malicious computer attacks alone. Is there a way to keep the benefits and avoid the problems? The Internet and Society: A Reference Handbookexplores both the positive aspects of the Internet and its darker side. Topically organized, it chronicles the background and history of the Internet, with a focus on the 1960s and beyond. Through analysis of the latest research in sociology, political science, economics, law, and computer science, it examines problems, varieties of cybercrime, controversies, and solutions related to the Internet's phenomenal growth. It also illuminates the likely directions of the Internet's future and the ongoing challenges it presents to societies around the globe.
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Miller, Robert D. II, OFS. Oral Law of Ancient Israel. The Rowman & Littlefield Publishing Group, 2022. https://doi.org/10.5040/9781978718289.
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This book presents a new window on the legal system of Ancient Israel. Building on the understanding that Israel was a society where writing was the medium for some forms of discourse but not others, where written texts were performed orally and rewritten from oral performances, Robert D. Miller II, OFS, examines law and jurisprudence in this oral-and-literate world. Using Iceland as an ethnographic analogy, Miller shows how law was practiced, performed, and transmitted; the way written artifacts of the law fit into oral performance and transmission; and the relationship of the detritus of law that survives in the Hebrew Bible, both Torah and Proverbs, to that earlier social world.
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González, Gabriela. Introduction. Oxford University Press, 2018. http://dx.doi.org/10.1093/oso/9780199914142.003.0001.
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Introduction: The introductory chapter considers how transborder activists opposed race-based discrimination and sought to “save” la raza by challenging their marginality in the United States. The quest for rights itself represented a modernist intervention in a racist society. However, their efforts at redemption were not limited to societal transformations. They also invested much energy into effecting individual and communal changes among Mexican-origin people. Activists such as Malpica de Munguía expressed faith in the tenets of modern society, believing that the best hope for the underprivileged lay in their adaptation to the best aspects of modernity. By lifting them out of their “state of intellectual, moral, and economic abandonment,” activists believed they could redeem la raza.
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Irons, Peter. White Men's Law. Oxford University Press, 2021. http://dx.doi.org/10.1093/oso/9780190914943.001.0001.
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White Men’s Law recounts and explores the legal and extralegal means by which systemic White racism has kept Black Americans “in their place” from slavery to police and vigilante killings of Black men and women, from 1619 to the present. The book argues that African Americans have always been held back by systemic racism in all major institutions—especially the legal and educational systems—that hold power over them. Based on a wide range of sources, from the painful words of former slaves to Supreme Court decisions and test scores that reveal how our education system has failed Black children, the book examines the various ways White racists justify and perpetuate their superior position in American society. The book is framed around the lynching of Rubin Stacy in Fort Lauderdale, Florida, in 1935. An illiterate Black farmhand, Stacy was accused of assaulting a White woman and was lynched by a deputy sheriff and a mob that fired seventeen bullets into his lifeless body. White Men’s Law poses a critical question: What historical forces preceded and followed this and thousands more lynchings that show the damaging—and often deadly—impact of systemic racism on Black Americans? After recounting struggles over racism from the first shipment of slaves to colonial Virginia until the present, it concludes with a look at efforts by President Joe Biden to “root out systemic racism” in both public and private institutions and the barriers those efforts face from entrenched racism in those institutions.
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Broyde, Michael J. Arbitration Law and Its Evolution. Oxford University Press, 2017. http://dx.doi.org/10.1093/acprof:oso/9780190640286.003.0006.
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This chapter concentrates on the evolution of arbitration law in the United States. The story begins in the early 1900s with Justice Benjamin Cardozo’s endorsement of what was then the standard approach to ADR in the United States, which held that parties could not arbitrate disputes or choose the law governing a dispute. This chapter explains how American law has gradually moved away from that early view to the more modern approach, which favors arbitration as an ordinary expression of choice of law and choice of forum by contract. This chapter explains why the current approach is both economically and socially valuable to general society and is now a significant feature of every aspect of American commerce.
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The life of the law: The people and cases that have shaped our society, from King Alfred to Rodney King. Oxford University Press, 1998.
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Byttebier, Koen. The Tools of Law that Shape Capitalism: And How Altering Their Use Could Give Form to a More Just Society. Springer, 2019.
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The life of the law: The people and cases that have shaped our society, from King Alfred to Rodney King. Crown Publishers, 1996.
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Allan, Hutchinson. Part VI Constitutional Theory, C Key Debates in Constitutional Theory, Ch.46 The Politics of Constitutional Law: A Critical Approach. Oxford University Press, 2017. http://dx.doi.org/10.1093/law/9780190664817.003.0046.
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After almost 25 years of jurisprudence under the Canadian Charter of Rights and Freedoms, many of the fears expressed by critics of the Charter have come to pass—judicial review under the Charter of Rights and Freedoms operates as an institutional device to curb more than advance democratic politics and to entrench more than challenge a conservative ideology. The Charter is indeed a potent political weapon, but one that has been and continues to be used to benefit vested interests in society and to debilitate further an already imperfect democratic process of government. For such critics, whether or not that was the intention of its proponents and drafters is beside the point. Indeed, despite some of the best intentions of the ‘Charter-party’, the courts have not delivered on the touted democratic promise of the Charter. This chapter canvasses different critical challenges to the Charter.
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Julio César, Betancourt, ed. Defining Issues in International Arbitration. Oxford University Press, 2016. http://dx.doi.org/10.1093/law/9780198783206.001.0001.
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This book contains an invaluable collection of chapters that provide expert guidance on some of the most recent developments and current issues in this burgeoning discipline, ranging from hands-on explanation of international arbitration law to recollections of past events and reflections on future trends. In between are chapters that provide guidance on a broad spectrum of defining issues in the field. The volume commemorates the 100th anniversary in 2015 of the Chartered Institute of Arbitrators-the first learned society in the world devoted to the teaching of arbitration.