Power Prose And Purse

"Power, Prose, and Purse is an edited collection of essays that draw connections between literature, economics and law. The essays discuss novels that explore the time period between the Industrial Revolution and the Great Depression and analyze the insights that novelists may offer to law and economics, while noting the tensions among these paradigms"--

This edited volume on war in law and literature addresses the many ways in which war affects human society and the many groups of people whose lives are affected by war. The essays, by preeminent scholars, discuss the ways in which literary works can shed light on legal thinking about war, and how a deep understanding of law can lead to interpretive insights on literary works. Some concern the lives of soldiers; others focus on civilians living in war zones, whoare caught up in the conflict; still others address themselves to the home front, far from the theatre of war. By collecting such diverse perspectives, with contributions from preeminent scholars of philosophy, literature, and law, this volume aims to show how literature has reflected the totalizingnature of war and the ways in which it distorts law across domains.

This book offers a comparative analysis of the theories of justice developed by Rawls, Sen and Nussbaum, and aims to demonstrate their mutual relationship. All three liberal theories significantly enrich the set of fundamental principles of morality that concerns the sphere of political action. The novelty of Sen’s and Nussbaum’s capability approach in comparison with Rawls is that they discuss the problem of social justice on a global scale. They do not try to extend and adjust the two principles of justice to the whole of mankind, nor do they treat the difference principle as to be applied everywhere. Instead, they present their own cosmopolitan approach to applying their theories of justice to take into account issues which are neglected or insufficiently developed by Rawls, such as global inequalities, discrimination against women, the rights of people with disabilities, and animal rights. These theories can be described as an alternative to the crucial objection towards Rawls’ work that this theory of justice does not address these important global problems.

One of The Wall Street Journal’s best political books of 2022 An eye-opening new history of American political conflict, from Alexander Hamilton to Alexandria Ocasio-Cortez. These days it seems that nobody is satisfied with American democracy. Critics across the ideological spectrum warn that the country is heading toward catastrophe but also complain that nothing seems to change. At the same time, many have begun to wonder if the gulf between elites and ordinary people has turned democracy itself into a myth. The urges to defend the country’s foundations and to dismantle them coexist—often within the same people. How did we get here? Why does it feel like the country is both grinding to a halt and falling to pieces? In Realigners, the historian Timothy Shenk offers an eye-opening new biography of the American political tradition. In a history that runs from the drafting of the Constitution to the storming of the Capitol, Shenk offers sharp pen portraits of signal characters from James Madison and Charles Sumner to Phyllis Schlafly and Barack Obama. The result is an entertaining and provocative reassessment of the people who built the electoral coalitions that defined American democracy—and a guide for a time when figures ranging from Alexandria Ocasio-Cortez to MAGA-minded nationalists seek to turn radical dreams into political realities. In an era when it seems democracy is caught in perpetual crisis, Realigners looks at earlier moments in which popular majorities transformed American life. We’ve had those moments before. And if there’s an escape from the doom loop that American politics has become, it’s because we might have one again.

Finalist for the American Bar Association's 2022 Silver Gavel Award A groundbreaking exploration of sexual violence by one of our most celebrated experts in law and philosophy. In this essential philosophical and practical reckoning, Martha C. Nussbaum, renowned for her eloquence and clarity of moral vision, shows how sexual abuse and harassment derive from using people as things to one’s own benefit—like other forms of exploitation, they are rooted in the ugly emotion of pride. She exposes three “Citadels of Pride” and the men who hoard power at the apex of each. In the judiciary, the arts, and sports, Nussbaum analyzes how pride perpetuates systemic sexual abuse, narcissism, and toxic masculinity. The courage of many has brought about some reforms, but justice is still elusive—warped sometimes by money, power, or inertia; sometimes by a collective desire for revenge. By analyzing the effects of law and public policy on our ever-evolving definitions of sexual violence, Nussbaum clarifies how gaps in U.S. law allow this violence to proliferate; why criminal laws dealing with sexual assault and Title VII, the federal law that is the basis for sexual harassment doctrine, need to be complemented by an understanding of the distorted emotions that breed abuse; and why anger and vengeance rarely achieve lasting change. Citadels of Pride offers a damning indictment of the culture of male power that insulates high-profile abusers from accountability. Yet Nussbaum offers a hopeful way forward, envisioning a future in which, as survivors mobilize to tell their stories and institutions pursue fair and nuanced reform, we might fully recognize the equal dignity of all people.

Provides an analysis of the origins, current sources, and character of privacy law in Ireland with a particular focus on how to navigate privacy claims and balance privacy with other interests before the Irish courts. It clarifies the relationship between private law protection of privacy rights in tort and statute, and constitutional conceptions of the right and compares how European Union and international law impacts on the privacy jurisprudence of the Irish courts. Part One: Addresses the sources of privacy rights in Ireland, with an account of how the right to privacy has been protected under the European Convention on Human Rights and the Charter of Fundamental Rights of the European Union, explaining the influence of the ECHR on privacy adjudication before the CJEU and outlining the trickle-down impact of the decisions of both courts on the secondary laws of the European Union, and national law in turn. Part Two: Considers the genres of privacy recognised by the Irish courts namely, personal, spatial and informational privacy. The chapters in this part consider the recent decisions in respect of data retention and privacy rights in Dwyer v Commissioner of Garda Síochána as well as the implications of the CJEU and Supreme Court decisions in the matter for criminal prosecutions relying on data retained under the now invalidated legislation. Part Two also considers the recent Supreme Court decision in DPP v Quinn which adds significantly to the jurisprudence of the Irish courts in respect of digital privacy under Article 40.5 of the Constitution, and has implications for the search of digital devices more broadly. This title is included in Bloomsbury Professional's Intellectual Property and IT online service.

All known societies exclude one or more minority groups, frequently employing a rhetoric of disgust to justify stigmatization. For instance, in European anti-Semitism, Jews were considered hyper-physical and crafty; some upper-caste Hindus find the lower castes dirty and untouchable; and people with physical disabilities have been considered subhuman and repulsive. Exclusions vary in their scope and also in the specific disgust-ideologies underlying them. In The Empire of Disgust, scholars present an interdisciplinary and comparative study of varieties of stigma and prejudice in India and USA—along the axes of caste, race, gender identity, age, sexual orientation, disability, ethnicity, religion, and economic class—pervading contemporary social and political life. In examining these forms of stigma and their intersections, the contributors present theoretically pluralistic and empirically sensitive accounts that explain group-based stigma and suggest forward-looking remedies, including group resistance to subordination as well as institutional and legal change, equipped to eliminate stigma in its multifaceted forms.

The Limits of Criminological Positivism: The Movement for Criminal Law Reform in the West, 1870-1940 presents the first major study of the limits of criminological positivism in the West and establishes the subject as a field of interest. The volume will explore those limits and bring to life the resulting doctrinal, procedural, and institutional compromises of the early twentieth century that might be said to have defined modern criminal justice administration. The book examines the topic not only in North America and western Europe, with essays on Italy, Germany, France, Spain, the United Kingdom, Belgium, and Finland but also the reception and implementation of positivist ideas in Brazil. In doing so, it explores three comparative elements: (1) the differing national experiences within the civil law world; (2) differences and similarities between civil law and common law regimes; and (3) some differences between the two leading common-law countries. It interrogates many key aspects of current penal systems, such as the impact of extra-legal scientific knowledge on criminal law, preventive detention, the ‘dual-track’ system with both traditional punishment and novel measures of security, the assessment of offenders’ dangerousness, juvenile justice, and the indeterminate sentence. As a result, this study contributes to a critical understanding of some inherent contradictions characterizing criminal justice in contemporary western societies. Written in a straight-forward and direct manner, this volume will be of great interest to academics and students researching historical criminology, philosophy, political science, and legal history.