Social Contract Theory In American Jurisprudence

Author: Thomas R. Pope
Publisher: Routledge
ISBN: 1135935254
Size: 75.41 MB
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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: 45.11 MB
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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: 52.76 MB
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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: 11.28 MB
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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: 70.90 MB
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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.

A Theory Of Justice

Author: John RAWLS
Publisher: Harvard University Press
ISBN: 0674042603
Size: 54.15 MB
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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.

Governance Of Science

Author: Fuller, Steve
Publisher: McGraw-Hill Education (UK)
ISBN: 0335202349
Size: 60.46 MB
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This ground-breaking text offers a fresh perspective on the governance of science from the standpoint of social and political theory. Science has often been seen as the only institution that embodies the elusive democratic ideal of the 'open society'. Yet, science remains an elite activity that commands much more public trust than understanding, even though science has become increasingly entangled with larger political and economic issues.

The Foundations And Future Of Financial Regulation

Author: Mads Andenas
Publisher: Routledge
ISBN: 113504337X
Size: 32.95 MB
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Financial regulation has entered into a new era, as many foundational economic theories and policies supporting the existing infrastructure have been and are being questioned following the financial crisis. Goodhart et al’s seminal monograph "Financial Regulation: Why, How and Where Now?" (Routledge:1998) took stock of the extent of financial innovation and the maturity of the financial services industry at that time, and mapped out a new regulatory roadmap. This book offers a timely exploration of the "Why, How and Where Now" of financial regulation in the aftermath of the crisis in order to map out the future trajectory of financial regulation in an age where financial stability is being emphasised as a key regulatory objective. The book is split into four sections: the objectives and regulatory landscape of financial regulation; the regulatory regime for investor protection; the regulatory regime for financial institutional safety and soundness; and macro-prudential regulation. The discussion ranges from theoretical and policy perspectives to comprehensive and critical consideration of financial regulation in the specifics. The focus of the book is on the substantive regulation of the UK and the EU, as critical examination is made of the unravelling and the future of financial regulation with comparative insights offered where relevant especially from the US. Running throughout the book is consideration of the relationship between financial regulation, financial stability and the responsibility of various actors in governance. This book offers an important contribution to continuing reflections on the role of financial regulation, market discipline and corporate responsibility in the financial sector, and upon the roles of regulatory authorities, markets and firms in ensuring the financial health and security of all in the future.

The Foucault Effect

Author: Michel Foucault
Publisher: University of Chicago Press
ISBN: 9780226080451
Size: 76.88 MB
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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.