[PDF] Responsive Legality eBook

Author : Zach Richards
Publisher : Routledge
Page : 197 pages
File Size : 30,57 MB
Release : 2018-08-06
Category : Law
ISBN : 0429953054

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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.

Author : Philippe Nonet
Publisher : Routledge
Page : 237 pages
File Size : 26,73 MB
Release : 2017-07-12
Category : Law
ISBN : 1351509586

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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.

Author : Philip Selznick
Publisher : Rowman & Littlefield
Page : 434 pages
File Size : 40,9 MB
Release : 2002
Category : Law
ISBN : 9780742516250

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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

Author : Philippe Nonet
Publisher : Transaction Pub
Page : 122 pages
File Size : 15,21 MB
Release : 2001
Category : Law
ISBN : 9780765806420

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Explains the primary forms of law as a social, political and normative phenomenon. The authors illustrate 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.

Author : Marc Hertogh
Publisher : Oxford University Press
Page : 745 pages
File Size : 18,74 MB
Release : 2022
Category : Law
ISBN : 0190903082

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"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"--

Author : Nick O’Brien
Publisher : Policy Press
Page : 169 pages
File Size : 46,97 MB
Release : 2023-12-20
Category : Law
ISBN : 1529230616

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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.

Author : Sanne Taekema
Publisher : Springer Science & Business Media
Page : 274 pages
File Size : 31,51 MB
Release : 2002-12-31
Category : Philosophy
ISBN : 9789041119711

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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.

Author : Jiří Přibáň
Publisher : Edward Elgar Publishing
Page : 416 pages
File Size : 35,37 MB
Release : 2020-12-25
Category : Law
ISBN : 1789905184

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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.

Author : Brian Christopher Jones
Publisher : Bloomsbury Publishing
Page : 348 pages
File Size : 18,68 MB
Release : 2021-06-03
Category : Law
ISBN : 1509933972

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This book provides detailed insight into some of the most contentious events occurring in jurisdictions operating within China's vast shadow. Epic clashes between law and politics have become a regular fixture throughout the world, and no region has seen more of these than Asia. In some cases these conflicts have involved newfound democratic aspirations or democratic deepening, while in others it has arisen because of pushback against authoritarian or semi-authoritarian governments. Indeed, many of these clashes centre on or involve the region's most powerful and controversial player: China. This book focuses on several of these critical struggles, examining how democracy and the rule of law play out in a number of jurisdictions highly influenced by China's presence. Chapters provide insightful analysis on issues such as: major threats to the rule of law and attempts to uphold the principle, oath-taking controversies, foreign judges and the disparagement of the judiciary, unconstitutional and undemocratic provisions, changing ideas of representation, a right to democracy in international law, same-sex marriage rights, and the legal responses to civil disobedience in Taiwan and Hong Kong, among other topics. Ultimately, the book delivers a contemporary understanding of how democracy and the rule of law both complement and converge in this fascinating region.

Author : Carroll Seron
Publisher : Routledge
Page : 518 pages
File Size : 39,12 MB
Release : 2018-02-06
Category : Social Science
ISBN : 1351125915

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This volume presents seminal monographs that continue to shape the contemporary discipline of law and society. Long before the turn toward cultural analysis of social institutions, socio-legal scholars demonstrated the ways in which law and its activities is contingent on the context of time, place, and hierarchy. The works selected for this volume demonstrate this foundational principle of the discipline of law and society.