Author: Steven D Smith
Publisher: Harvard University Press
Release Date: 2009-06-30
This lively book reassesses a century of jurisprudential thought from a fresh perspective, and points to a malaise that currently afflicts not only legal theory but law in general. Steven Smith argues that our legal vocabulary and methods of reasoning presuppose classical ontological commitments that were explicitly articulated by thinkers from Aquinas to Coke to Blackstone, and even by Joseph Story. But these commitments are out of sync with the world view that prevails today in academic and professional thinking. So our law-talk thus degenerates into "just words"--or a kind of nonsense. The diagnosis is similar to that offered by Holmes, the Legal Realists, and other critics over the past century, except that these critics assumed that the older ontological commitments were dead, or at least on their way to extinction; so their aim was to purge legal discourse of what they saw as an archaic and fading metaphysics. Smith's argument starts with essentially the same metaphysical predicament but moves in the opposite direction. Instead of avoiding or marginalizing the "ultimate questions," he argues that we need to face up to them and consider their implications for law.
Dumping of sewage sludge, dredge spoils, and toxic wastes in the coastal waters of New York and New Jersey is an old practice. In the 1970s ocean dumping became an important environmental issue, the subject of legislation and litigation, and of scientific inquiry. After a decade of study and debate, the basic issues of the environmental effects of ocean dumping and its impact on the ocean and surrounding coastal region remain unresolved. This nontechnical review of ocean dumping issues looks at the development of the metropolitan coastal region from a societal view, particularly in how we have used the waters of the New York Bight. What is being dumped and the current state of our knowledge on the environmental effects of ocean dumping are closely examined, as well as legislative and legal issues surrounding contemporary court actions.
Author: Jan M. Broekman
Publisher: Springer Science & Business Media
Release Date: 2011-07-06
This book offers educational experiences, including reflections and the resulting essays, from the Roberta Kevelson Seminar on Law and Semiotics held during 2008 – 2011 at Penn State University’s Dickinson School of Law. The texts address educational aspects of law that require attention and that also are issues in traditional jurisprudence and legal theory. The book introduces education in legal semiotics as it evolves in a legal curriculum. Specific semiotic concepts, such as “sign”, “symbol” or “legal language,” demonstrate how a lawyer’s professionally important tasks of name-giving and meaning-giving are seldom completely understood by lawyers or laypeople. These concepts require analyses of considerable depth to understand the expressiveness of these legal names and meanings, and to understand how lawyers can “say the law,” or urge such a saying correctly and effectively in the context of a natural language that is understandable to all of us. The book brings together the structure of the Seminar, its foundational philosophical problems, the specifics of legal history, and the semiotics of the legal system with specific themes such as gender, family law, and business law.
It had never occurred to Plug to sell Quandary Farm. It had also never occurred to him that people sold houses for as much as fifty thousand dollars; some of the hustlers had been offering that little for the farm. We are, one must remember, discussing 1958.Plug Shavaughn and his wife, Midge, own a large farm outside of Hartford, Connecticut. They are well-educated, slightly eccentric, and completely lacking the materialistic motives which govern most of society.Various people want to purchase Quandary Farm for commercial development, including builders, lawyers, and other mafiosi. When Plug and Midge refuse to sell, these unscrupulous characters try to put pressure on the Shavaughn's to sell their farm. The saboteurs will stop at nothing-including arson, lawsuits, and assassination-to get their hands on the farm. With the help of hired hand Zeke Smithooski and his well-connected girlfriend, Gemma Giordano, the Shavaughn's relentlessly defend themselves from an onslaught of buyout offers and increasing violence.Set in the late 1950s, Quandary Farm is a delightful novel that perfectly illustrates just how rarely things work out as planned.
Author: Robert G Sutter
Release Date: 2019-06-21
Genre: Political Science
Although the United States has established formal diplomatic relations with the People's Republic of China (PRC), achieving major advances in economic and cultural relations, it continues to be bedevilled by serious dilemmas regarding such issues as future relations with Taiwan, U.S.-PRC military ties, the extent and type of U.S. aid to China, and the need for secrecy in U.S. China policy versus traditional American demands for "open" diplomacy. U.S. scholars have been clear about the international factors influencing current U.S.-PRC relations; however, the domestic political factors that have contributed in a major way to the creation of the dilemmas we face in formulating China policy today remain poorly understood. This book concentrates on these domestic determinants of recent U.S. China policy. Pointing to the compromises and contradictions in policy choices made by leaders who have sharply differing conceptions of the goals of policy and their appropriate implementation, Dr. Sutter draws on a wide array of recent U.S. government publications and more than one hundred interviews with officials of the Carter and Reagan administrations and Congress to examine differences in views, divergencies in policy approaches, and the confusion that results. He specifically treats key issues such as the Taiwan Relations Act and possible U.S. arms sales to China, as well as summarizing and assessing domestic and foreign policy interests of the United States in relation to China and offering policy options for the problems that lie ahead.
Author: Erik Larson
Publisher: NYU Press
Release Date: 2014-05-09
Law and society scholars challenge the common belief that law is simply a neutral tool by which society sets standards and resolves disputes. Decades of research shows how much the nature of communities, organizations, and the people inhabiting them affect how law works. Just as much, law shapes beliefs, behaviors, and wider social structures, but the connections are much more nuanced—and surprising—than many expect. Law and Society Reader II provides readers an accessible overview to the breadth of recent developments in this research tradition, bringing to life the developments in this dynamic field. Following up a first Law and Society Reader published in 1995, editors Erik W. Larson and Patrick D. Schmidt have compiled excerpts of 43 illuminating articles published since 1993 in The Law & Society Review, the flagship journal of the Law and Society Association. By its organization and approach, this volume enables readers to join in discussing the key ideas of law and society research. The selections highlight the core insights and developments in this research tradition, making these works indispensable for those exploring the field and ideal for classroom use. Across six concisely-introduced sections, this volume analyzes inequality, lawyering, the relation between law and organizations, and the place of law in relation to other social institutions.
Author: Ronald C. Brown
Publisher: Cambridge University Press
Release Date: 2009-10-12
Continued economic prosperity in China and its international competitive advantage have been due in large part to the labor of workers in China, who for many years toiled in underregulated workplaces. More recently, labor law reforms have been praised for their progressive measures and, at the same time, blamed for placing too many economic burdens on companies, especially those operating on the margins, which in some cases have caused business failures. This, combined with the global downturn and the millions of displaced and unemployed Chinese migrant laborers, has created ongoing debate about the labor laws. Meanwhile, the Chinese Union has organized many of the Global Fortune 500 companies, and a form of collective bargaining is occurring. Workers are pursuing their legal labor rights in increasing numbers. This book provides a clear overview of the labor and employment law environment in China and its legal requirements, as well as practices under these laws used to deal with labor issues.
Author: Ian Shapiro
Publisher: NYU Press
Release Date: 1995-07-01
From the sprawling remnants of the Soviet empire to the southern tip of Africa, attempts are underway to replace arbitrary political regimes with governments constrained by the rule of law. This ideal which subordinates the wills of individuals, social movements--and even, sometimes, democratically elected majorities--to the requirements of law, is here explored by leading legal and political thinkers. Part I of The Rule of Law examines the interplay of democracy and the rule of law, while Part II focusses on the centuries-old debate about the meaning of the rule of law itself. Part III takes up the constraints that rationality exercises on the rule of law. If the rule of law is desirable partly because it is rational, then departures from that rule might also be desirable in the event that they can be shown to be rational. Part IV concentrates on the limits of the rule of law, considering the tensions between liberalism and the rule of law which exist despite the fact that reasoned commitment to the rule of the law is preeminently a liberal commitment. Contributing to the volume are: Robert A. Burt (Yale University), Steven J. Burton (University of Iowa), William N. Eskridge, Jr. (Georgetown University), John Ferejohn (Stanford University), Richard Flathman (Johns Hopkins University), Gerald F. Gaus (University of Minnesota, Duluth), Jean Hampton (University of Arizona), Russell Hardin (University of Chicago), James Johnson (University of Rochester), Jack Knight (Washington University), Stephen Macedo (Harvard University), David Schmidtz (Yale University), Lawrence B. Solum (Loyola Marymount University), Michael Walzer (Princeton University), Catherine Valcke (University of Toronto), and Michael P. Zuckert (Carleton College).
Author: Shubha Ghosh
Publisher: Edward Elgar Publishing
Release Date: 2011-01-01
Creativity, Law and Entrepreneurship explores the idea of creativity, its relationship to entrepreneurship, and the law's role in inhibiting and promoting it. Our inquiry into law and creativity reduces to an inquiry about what people do, what activities and actions they engage in. What unites law and creativity, work and play, is their shared origins in human activity, however motivated, to whatever purpose directed. In this work contributors from the US and Europe explore the ways in which law incentivizes particular types of activity as they develop themes related to emergent theories of entrepreneurship (public, private, and social); lawyering and the creative process; creativity in a business and social context; and, creativity and the construction of legal rights.