Recognizing Wrongs

Recognizing Wrongs
Author: John C. P. Goldberg
Publisher: Harvard University Press
Total Pages: 393
Release: 2020-02-04
Genre: Law
ISBN: 0674246527

Two preeminent legal scholars explain what tort law is all about and why it matters, and describe their own view of tort’s philosophical basis: civil recourse theory. Tort law is badly misunderstood. In the popular imagination, it is “Robin Hood” law. Law professors, meanwhile, mostly dismiss it as an archaic, inefficient way to compensate victims and incentivize safety precautions. In Recognizing Wrongs, John Goldberg and Benjamin Zipursky explain the distinctive and important role that tort law plays in our legal system: it defines injurious wrongs and provides victims with the power to respond to those wrongs civilly. Tort law rests on a basic and powerful ideal: a person who has been mistreated by another in a manner that the law forbids is entitled to an avenue of civil recourse against the wrongdoer. Through tort law, government fulfills its political obligation to provide this law of wrongs and redress. In Recognizing Wrongs, Goldberg and Zipursky systematically explain how their “civil recourse” conception makes sense of tort doctrine and captures the ways in which the law of torts contributes to the maintenance of a just polity. Recognizing Wrongs aims to unseat both the leading philosophical theory of tort law—corrective justice theory—and the approaches favored by the law-and-economics movement. It also sheds new light on central figures of American jurisprudence, including former Supreme Court Justices Oliver Wendell Holmes, Jr., and Benjamin Cardozo. In the process, it addresses hotly contested contemporary issues in the law of damages, defamation, malpractice, mass torts, and products liability.

Repugnant Laws

Repugnant Laws
Author: Keith E. Whittington
Publisher: University Press of Kansas
Total Pages: 432
Release: 2020-05-18
Genre: Political Science
ISBN: 0700630368

When the Supreme Court strikes down favored legislation, politicians cry judicial activism. When the law is one politicians oppose, the court is heroically righting a wrong. In our polarized moment of partisan fervor, the Supreme Court’s routine work of judicial review is increasingly viewed through a political lens, decried by one side or the other as judicial overreach, or “legislating from the bench.” But is this really the case? Keith E. Whittington asks in Repugnant Laws, a first-of-its-kind history of judicial review. A thorough examination of the record of judicial review requires first a comprehensive inventory of relevant cases. To this end, Whittington revises the extant catalog of cases in which the court has struck down a federal statute and adds to this, for the first time, a complete catalog of cases upholding laws of Congress against constitutional challenges. With reference to this inventory, Whittington is then able to offer a reassessment of the prevalence of judicial review, an account of how the power of judicial review has evolved over time, and a persuasive challenge to the idea of an antidemocratic, heroic court. In this analysis, it becomes apparent that that the court is political and often partisan, operating as a political ally to dominant political coalitions; vulnerable and largely unable to sustain consistent opposition to the policy priorities of empowered political majorities; and quasi-independent, actively exercising the power of judicial review to pursue the justices’ own priorities within bounds of what is politically tolerable. The court, Repugnant Laws suggests, is a political institution operating in a political environment to advance controversial principles, often with the aid of political leaders who sometimes encourage and generally tolerate the judicial nullification of federal laws because it serves their own interests to do so. In the midst of heated battles over partisan and activist Supreme Court justices, Keith Whittington’s work reminds us that, for better or for worse, the court reflects the politics of its time.

Judging Statutes

Judging Statutes
Author: Robert A. Katzmann
Publisher: Oxford University Press, USA
Total Pages: 184
Release: 2014
Genre: Law
ISBN: 0199362130

Drawing upon his background in law, government and political science, U.S. Second Circuit Chief Judge Robert A. Katzmann contends that Congress's work product - including sources beyond the text - must inform courts' interpretation of statutes.

Law and Leviathan

Law and Leviathan
Author: Cass R. Sunstein
Publisher: Harvard University Press
Total Pages: 209
Release: 2020-09-15
Genre: Law
ISBN: 0674247531

From two legal luminaries, a highly original framework for restoring confidence in a government bureaucracy increasingly derided as “the deep state.” Is the modern administrative state illegitimate? Unconstitutional? Unaccountable? Dangerous? Intolerable? American public law has long been riven by a persistent, serious conflict, a kind of low-grade cold war, over these questions. Cass Sunstein and Adrian Vermeule argue that the administrative state can be redeemed, as long as public officials are constrained by what they call the morality of administrative law. Law and Leviathan elaborates a number of principles that underlie this moral regime. Officials who respect that morality never fail to make rules in the first place. They ensure transparency, so that people are made aware of the rules with which they must comply. They never abuse retroactivity, so that people can rely on current rules, which are not under constant threat of change. They make rules that are understandable and avoid issuing rules that contradict each other. These principles may seem simple, but they have a great deal of power. Already, without explicit enunciation, they limit the activities of administrative agencies every day. But we can aspire for better. In more robust form, these principles could address many of the concerns that have critics of the administrative state mourning what they see as the demise of the rule of law. The bureaucratic Leviathan may be an inescapable reality of complex modern democracies, but Sunstein and Vermeule show how we can at last make peace between those who accept its necessity and those who yearn for its downfall.

Elements of Legislation

Elements of Legislation
Author: Neil Duxbury
Publisher: Cambridge University Press
Total Pages: 267
Release: 2013
Genre: Law
ISBN: 1107021871

Neil Duxbury combines analytical legal philosophy and legal history to explore the concept of legislation.

Law, Legislation and Liberty, Volume 3

Law, Legislation and Liberty, Volume 3
Author: F. A. Hayek
Publisher: University of Chicago Press
Total Pages: 261
Release: 1978
Genre: Business & Economics
ISBN: 0226320901

This work provides a study of American women's responses to evolutionary theory and illuminates the role science played in the nineteenth-century women's rights movement. Here the author reveals how a number of nineteenth-century women, raised on the idea that Eve's sin forever fixed women's subordinate status, embraced Darwinian evolution, especially sexual selection theory as explained in The Descent of Man, as an alternative to the creation story in Genesis. The author chronicles the lives and writings of the women who combined their enthusiasm for evolutionary science with their commitment to women's rights, including Antoinette Brown Blackwell, Eliza Burt Gamble, Helen Hamilton Gardener, Charlotte Perkins Gilman, and Elizabeth Cady Stanton. These Darwinian feminists believed evolutionary science proved that women were not inferior to men, that it was natural for mothers to work outside the home, and that women should control reproduction. The practical applications of this evolutionary feminism came to fruition, it si shown, in the early thinking and writing of the American birth control pioneer Margaret Sanger. In contrast to the extensive scholarship that has been dedicated to analyzing what Darwin and other males evolutionists had to say about women, this work offers information on what women themselves had to say about evolution. -- From book jacket.

The American Labor Legislation Review

The American Labor Legislation Review
Author:
Publisher:
Total Pages: 558
Release: 1913
Genre: Labor laws and legislation
ISBN:

Includes proceedings and papers of the American Association for Labor Legislation previously published in the two series: Proceedings and Legislative review.

Legislated Rights

Legislated Rights
Author: Grégoire Webber
Publisher: Cambridge University Press
Total Pages: 223
Release: 2018-03-01
Genre: Political Science
ISBN: 1108642500

The important aspects of human wellbeing outlined in human rights instruments and constitutional bills of rights can only be adequately secured as and when they are rendered the object of specific rights and corresponding duties. It is often assumed that the main responsibility for specifying the content of such genuine rights lies with courts. Legislated Rights: Securing Human Rights through Legislation argues against this assumption, by showing how legislatures can and should be at the centre of the practice of human rights. This jointly authored book explores how and why legislatures, being strategically placed within a system of positive law, can help realise human rights through modes of protection that courts cannot provide by way of judicial review.