Social Contract Theory In American Jurisprudence

Author: Thomas R. Pope
Publisher: Routledge
ISBN: 1135935254
Size: 52.53 MB
Format: PDF, ePub
View: 1529
Download
Despite decades of attempts and the best intentions of its members, the United States Supreme Court has failed to develop a coherent jurisprudence regarding the state’s proper relationship to the individual. Without some objective standard upon which to ground jurisprudence, decisions have moved along a spectrum between freedom and authority and back again, affecting issues as diverse as individual contractual liberties and the right to privacy. Social Contract Theory in American Jurisprudence seeks to reintroduce the lessons of modern political philosophy to offer a solution for this variable application of legal principle and to lay the groundwork for a jurisprudence consistent in both theory and practice. Thomas R. Pope’s argument examines two exemplary court cases, Lochner v. New York and West Coast Hotel v. Parrish, and demonstrates how the results of these cases failed to achieve the necessary balance of liberty and the public good because they considered the matter in terms of a dichotomy. Pope explores our constitution’s roots in social contract theory, looking particularly to the ideas of Thomas Hobbes for a jurisprudence that is consistent with the language and tradition of the Constitution, and that is also more effectually viable than existing alternatives. Pope concludes with an examination of recent cases before the Court, grounding his observations firmly within the developments of ongoing negotiation of jurisprudence. Addressing the current debate between individual liberty and government responsibility within the context of contemporary jurisprudence, Pope considers the implications of a Hobbesian founding for modern policy. This book will be particularly relevant to scholars of Constitutional Law, the American Founding, and Modern Political Theory.

The Latino Gender Gap In U S Politics

Author: Christina E. Bejarano
Publisher: Routledge
ISBN: 1135010609
Size: 35.50 MB
Format: PDF, ePub, Mobi
View: 1937
Download
Many questions remain unanswered about the observable differences in voting behavior, partisanship, and cultural attitudes among men and women. Latino political participation in the United States is generally lower than the rest of the population, mainly due to their high proportion of youth and foreign born populations that are ineligible to vote. This dynamic is slowing changing, partly as a result of the rapidly growing Latino population in the United States. This book delves deeper into the complex gender differences for Latino political behavior. More specifically, it is a political analysis of the diverse U.S. Latino population and the interacting factors that can influence male and female differences in voting and policy attitudes. Christina E. Bejarano carefully unpacks more aspects of the gender category for Latinos, including analyzing the gender differences in Latino political behavior across national origin, foreign born status, and generational status. The Latino gender gap can have far-reaching political implications on electoral politics. As the Latino population highlights their growing political sway, the major political parties have and will strategically mobilize and court the Latino electorate, Latinas in particular.

The Social Process Of Lobbying

Author: John C. Scott
Publisher: Routledge
ISBN: 1317928245
Size: 42.21 MB
Format: PDF, ePub, Mobi
View: 2254
Download
Despite a wealth of theorizing and research about each concept, lobbying and norms still raise a number of interesting issues. Why do lobbyists and politicians engage in cooperative behavior? How does cooperative behavior in lobbying affect policy making? If democratic participation is good, why do we view lobbying as bad? Lobbying engenders debate about its effects on the political process and on policy development.? Sociologists and other social scientists remain concerned about how norms emerge, the content of norms, how widely they are distributed, and how they are enforced. Political scientists study how interest groups work together and influence the political process. Based on the experience of the author, a former lobbyist, this book looks at the social norms of lobbying and how such norms work in a general framework of other norms and legal institutions in the political process. In developing this argument, John C. Scott claims that: Embedded social relationships and trust-based social norms underpin everyday interactions among policy actors. These relationships and norms have concrete impacts on the policy making process. Social relationships and norms inhibit participation in the political process by outside actors. The investigation is conducted through an innovative theoretical framework, combining existing theoretical perspectives from different disciplines, and using a variety of data and methods, including longitudinal quantitative and social network data, interviews with lobbyists, activists, and policymakers, and anecdotal and historical examples.? ?? The Social Process of Lobbying provides refreshingly new empirical evidence and theoretical analysis on how networks of trust are neither all good nor all bad but are ambivalent: they can both improve policy and fuel collusion.

White Voters In 21st Century America

Author: George Hawley
Publisher: Routledge
ISBN: 1317701887
Size: 11.47 MB
Format: PDF, ePub, Docs
View: 6419
Download
The United States is experiencing remarkable demographic changes that are having an important impact on the American electorate. As the minority share of the voting-eligible population continues to grow, the political clout of non-Hispanic whites will further decline. The 2012 election demonstrated that the Democratic Party can secure an Electoral College victory even when it loses badly, in the aggregate, among non-Hispanic whites. This does not mean that white voters are unimportant, however. The political behavior of whites in the decades ahead will largely determine the direction of American politics. This book examines the political behavior of non-Hispanic whites. It considers the trends within the white vote, how white voters differ geographically, and the primary fault lines among white voters. It also examines how white political behavior changes in response to diversity. It considers whether or not the day is approaching when whites consolidate into a largely homogenous voting bloc, or whether whites will remain politically heterogeneous in the decades ahead Whereas other books have examined the political behavior of specific social classes within the non-Hispanic white community (working class whites, for example), this is the first book to examine whites as a whole, and provide a useful summary of recent trends within this group and thoughtful speculation about its future.

Leviathan

Author: Thomas Hobbes
Publisher: First Avenue Editions
ISBN: 154151842X
Size: 74.57 MB
Format: PDF, Docs
View: 5454
Download
During the upheaval of the English Civil War in the seventeenth century, political philosopher Thomas Hobbes composed his masterwork, Leviathan. It was first published in 1651, between the trial and execution of King Charles I and the creation of the Commonwealth of England under Oliver Cromwell. In his book, Hobbes argued that a strong and undivided central government was necessary to maintain societal order. By accepting the rule of a sovereign authority figure—which Hobbes called the "Leviathan" after the biblical sea monster—humans could avoid being ruled instead by self-interest and fear, and so escape humankind's natural state of war and violence. This is an unabridged version of Hobbes's most famous philosophical text, which established social contract theory and remained influential in political philosophy for centuries.

The Foucault Effect

Author: Michel Foucault
Publisher: University of Chicago Press
ISBN: 9780226080451
Size: 57.27 MB
Format: PDF, Mobi
View: 944
Download
Based on Michel Foucault's 1978 and 1979 lectures at the Collège de France on governmental rationalities and his 1977 interview regarding his work on imprisonment, this volume is the long-awaited sequel to Power/Knowledge. In these lectures, Foucault examines the art or activity of government both in its present form and within a historical perspective as well as the different ways governmentality has been made thinkable and practicable. Foucault's thoughts on political discourse and governmentality are supplemented by the essays of internationally renowned scholars. United by the common influence of Foucault's approach, they explore the many modern manifestations of government: the reason of state, police, liberalism, security, social economy, insurance, solidarity, welfare, risk management, and more. The central theme is that the object and the activity of government are not instinctive and natural things, but things that have been invented and learned. The Foucault Effect analyzes the thought behind practices of government and argues that criticism represents a true force for change in attitudes and actions, and that extending the limits of some practices allows the invention of others. This unique and extraordinarily useful collection of articles and primary materials will open the way for a whole new set of discussions of the work of Michel Foucault as well as the status of liberalism, social policy, and insurance.

A Theory Of Justice

Author: John RAWLS
Publisher: Harvard University Press
ISBN: 0674042603
Size: 66.37 MB
Format: PDF
View: 3947
Download
Though the revised edition of A Theory of Justice, published in 1999, is the definitive statement of Rawls's view, so much of the extensive literature on Rawls's theory refers to the first edition. This reissue makes the first edition once again available for scholars and serious students of Rawls's work.

Political Liberalism

Author: John Rawls
Publisher: Columbia University Press
ISBN: 9780231527538
Size: 21.28 MB
Format: PDF, Docs
View: 6398
Download
This book continues and revises the ideas of justice as fairness that John Rawls presented in A Theory of Justice but changes its philosophical interpretation in a fundamental way. That previous work assumed what Rawls calls a "well-ordered society," one that is stable and relatively homogenous in its basic moral beliefs and in which there is broad agreement about what constitutes the good life. Yet in modern democratic society a plurality of incompatible and irreconcilable doctrines—religious, philosophical, and moral—coexist within the framework of democratic institutions. Recognizing this as a permanent condition of democracy, Rawls asks how a stable and just society of free and equal citizens can live in concord when divided by reasonable but incompatible doctrines? This edition includes the essay "The Idea of Public Reason Revisited," which outlines Rawls' plans to revise Political Liberalism, which were cut short by his death. "An extraordinary well-reasoned commentary on A Theory of Justice...a decisive turn towards political philosophy." —Times Literary Supplement

Anarchy State And Utopia

Author: Robert Nozick
Publisher: Basic Books
ISBN: 0465063748
Size: 39.94 MB
Format: PDF, Docs
View: 1838
Download
Literaturverz. S. 355 - 360