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Books : Nonfiction : Law : Philosophy
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We are all familiar with the image of the immensely clever judge who discerns the best rule of common law for the case at hand. According to U.S. Supreme Court Justice Antonin Scalia, a judge like this can maneuver through earlier cases to achieve the desired aim--"distinguishing one prior case on his left, straight-arming another one on his right, high-stepping away from another precedent about to tackle him from the rear, until (bravo!) he reaches the goal--good law." But is this common-law mindset, which is appropriate in its place, suitable also in statutory and constitutional interpretation? In a witty and trenchant essay, Justice Scalia answers this question with a resounding negative.In exploring the neglected art of statutory interpretation, Scalia urges that judges resist the temptation to use legislative intention and legislative history. In his view, it is incompatible with democratic government to allow the meaning of a statute to be determined by what the judges think the lawgivers meant rather than by what the legislature actually promulgated. Eschewing the judicial lawmaking that is the essence of common law, judges should interpret statutes and regulations by focusing on the text itself. Scalia then extends this principle to constitutional law. He proposes that we abandon the notion of an everchanging Constitution and pay attention to the Constitution's original meaning. Although not subscribing to the "strict constructionism" that would prevent applying the Constitution to modern circumstances, Scalia emphatically rejects the idea that judges can properly "smuggle" in new rights or deny old rights by using the Due Process Clause, for instance. In fact, such judicial discretion might lead to the destruction of the Bill of Rights if a majority of the judges ever wished to reach that most undesirable of goals.
This essay is followed by four commentaries by Professors Gordon Wood, Laurence Tribe, Mary Ann Glendon, and Ronald Dworkin, who engage Justice Scalia's ideas about judicial interpretation from varying standpoints.
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In a critically acclaimed, well-researched attack on legal regulations and bureaucratic red tape, a corporate lawyer shows how rules interfere with common sense and have taken away citizens' power to make decisions. Reprint. National ad/promo. NYT.
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This volume will be of interest and value to students of logic, ethics, and political philosophy, as well as to members of the legal profession and to everyone concerned with problems of government and jurisprudence. By citing a large number of cases, the author makes his presentation of the processes of judicial interpretation particularly lucid.
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This dynamic book presents crime detection as a fascinating field relying heavily on the past experiences of investigators as well as recent practical and technological innovations. It explores the many external variables that can influence the investigator's success and the specific methods of crime detection and prosecution of law available in todayUs field. The book is intended to meet the needs of both students and professors by presenting information in a logical flow—like the steps and considerations observed in an actual criminal investigation.
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This fourth edition of Justice Administration: Police, Courts, and Corrections Management continues to be the sole book of its kind: an examination of all facets of the criminal justice system as well as several related matters of interest to prospective and actual administrators. It addresses the three components of the justice system: police, courts, and corrections. More than 30 case studies are desseminated throughout the book; also included are chapters on personnel and financial administration, rights of criminal justice employees, technology, discipline and liability, and futures. Articles from Law Enforcement News and other sources are interspersed throughout, and the book has been updated with added sections on ethics, bioterrorism, racial profiling, school violence, vehicle pursuits, judicial selection, jury administration, gender bias, and women in corrections. Useful as an important reference work for justice administrators and others in police departments, the court system, corrections, as well as defense attorneys and prosecuting attorneys.
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The Concept of Law is the most important and original work of legal philosophy written this century. First published in 1961, it is considered the masterpiece of H.L.A. Hart's enormous contribution to the study of jurisprudence and legal philosophy. Its elegant language and balanced arguments have sparked wide debate and unprecedented growth in the quantity and quality of scholarship in this area--much of it devoted to attacking or defending Hart's theories. Principal among Hart's critics is renowned lawyer and political philosopher Ronald Dworkin who in the 1970s and 80s mounted a series of challenges to Hart's Concept of Law. It seemed that Hart let these challenges go unanswered until, after his death in 1992, his answer to Dworkin's criticism was discovered among his papers.
In this valuable and long-awaited new edition Hart presents an Epilogue in which he answers Dworkin and some of his other most influential critics including Fuller and Finnis. Written with the same clarity and candor for which the first edition is famous, the Epilogue offers a sharper interpretation of Hart's own views, rebuffs the arguments of critics like Dworkin, and powerfully asserts that they have based their criticisms on a faulty understanding of Hart's work. Hart demonstrates that Dworkin's views are in fact strikingly similar to his own. In a final analysis, Hart's response leaves Dworkin's criticisms considerably weakened and his positions largely in question.
Containing Hart's final and powerful response to Dworkin in addition to the revised text of the original Concept of Law, this thought-provoking and persuasively argued volume is essential reading for lawyers and philosophers throughout the world.
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The Spirit of the Laws is without question one of the central texts in the history of eighteenth-century thought, yet there has been no complete scholarly English language edition since 1750. This lucid translation renders Montesquieu's problematic text newly accessible to a fresh generation of students, helping them to understand why Montesquieu was such an important figure in the early enlightenment and why The Spirit of the Laws was such an influence on those who framed the American Constitution. Fully annotated, this edition focuses on Montesquieu's use of sources and his text as a whole, rather than on those opening passages toward which critical energies have traditionally been devoted.
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Family Violence: Legal, Medical and Social Perspectives, 5/e Harvey Wallace, CaliforniaState University, Fresno Family Violence presents a comprehensive introduction to the study of family violence and discusses current controversies in the field from three perspectives: legal, medical, and social. Family Violence is the only text on the market to provide thorough coverage of stalking, sexual harassment, andsexual violence in the workplace. *Extensive pedagogy, such as learning objectives, in-chapter exercises, end-of-chapter problems, case studies, and vignettes, enhance students' learning. *"Promising Practices" sections enable students to read about cutting-edge issues. Students are asked to test assumptions about theoretical concepts and their applicability to the field and profession. *"International Perspectives" sections allow students to view family violence from a global perspective. *"Focus Boxes" highlight pressing family violence issues of national importance. *"Practica" give students the opportunity to examine different professional dilemmas and discuss contrasting points of view.
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Master the ins and outs of the criminal justice system with ESSENTIALS OF CRIMINAL JUSTICE! With coverage of topics such as criminal justice in the media, diversity issues in the justice system, and a comparison between the U.S. crime rate and international crime, this criminal justice text helps you better understand the basics of the criminal justice system. Class preparation is made easy with a book-specific website featuring concept builders, crossword puzzles, flashcards, internet exercises, tutorial quizzes, and much more! A full-size poster included with the text lets you to trace the flow of individuals through the criminal justice system to help you master the material.
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Now available with MP3 audio CDS: the bestselling book-and-audio set of Supreme Court oral arguments.
Until The New Press first published May It Please the Court in 1993, few Americans knew that every case argued before the Supreme Court since 1955 had been recorded. The original book-and-tape set was a revelation to readers and reviewers, quickly becoming a bestseller and garnering praise across the nation. William Safire, writing in the New York Times, called it "a fascinating, you-are-there experience...an ear to history in the making," and the Los Angeles Times Book Review dubbed it a "treasure trove."
Including both transcripts of the most significant cases argued before the Supreme Court and recordings of the oral arguments, May It Please the Court offers "a front-row seat in America's most powerful courtroom, where very, very few have had the opportunity to sit" (American Bar Association Journal ). This new edition of the original volume makes the recordings available for the first time in MP3 audio CDs.
The audio for this new edition is on MP3 compact discs. MP3 audio books on compact disc can be played on newer CD players that support MP3 technology and accept a standard-sized CD, and on any personal computer that has Apple's iTunes, Microsoft's Media Player or similar software.
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This lively and accessible introduction to the social, moral, and cultural foundations of law takes a broad scope-- spanning philosophy, law, politics, and economics, and discussing a range of topics including women's rights, racism, the environment, and recent international issues such as the war in Iraq and the treatment of terror suspects. Revealing the intriguing and challenging nature of legal philosophy with clarity and enthusiasm, Raymond Wacks explores the notion of law and its role in our lives. Referring to key thinkers from the classical world to the modern, he looks at the central questions behind legal theory that have always fascinated lawyers and philosophers, as well as anyone who ever wondered about law's relation to justice, morality, and democracy.
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Written by former community corrections professional, this book provides a state-of-the-art view of probation and parole. Offering a new two-color design, this revision contains updated material from agencies throughout the country and features 12 chapters that focus on all aspects of topic from the practitioner’s point of view. Throughout the book, controversial issues are addressed and capture the conflict between the need to maximize community safety and the need to control the cost of operating prisons. Additional attention is paid to both the juvenile and adult populations and the book considers how the probation officers work with each.
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The second edition of Profit Without Honor discusses and explains various types of white collar crimes. Using case histories and references, the book also looks at the damage that white collar crime inflicts upon its victims. Written in an engaging and entertaining manner, it covers such topics as Crimes Against Consumers, Unsafe Products, Crimes by the Government, Corruption of Public Officials, Medical Crime, and Computer Crime. For people in investigations, law enforcement, or any legal professions.
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Derived from the world's most widely cited and best-selling legal reference, Black's Law Dictionary, this US title includes more than 1,000 key words and phrases with accurate and clear definitions. Also includes the full U.S. Constitution and a list of basic law books for easy reference.
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Designed to put readers “inside” the police officer's uniform, this personally-involving, comprehensive, and timely introduction to police work provides a “real-world” flavor not found in most policing books. Written in an exceptionally reader-friendly open and frank style, it blends the real and the ideal–reflecting the author's more than 30 years' experience as a police administrator and academic. Features boxed articles from Law Enforcement News, and “Practitioner's Perspectives” with short essays written by selected individuals who have expertise in particular areas of policing. Policing Levels, Roles, and Functions. Police Subculture: The Making of a Cop. Organization and Administration. On Patrol: Personnel, Methods, Functions. Community Oriented Policing and Problem Solving. Criminal Investigation. Extraordinary Problems and Methods. Police and the Rule of Law. Accountability: Ethics, Force and Corruption, Discipline. Civil Liability. Issues and Trends. Comparative Perspectives. Technology Review. Challenges of the Future. For those involved/interested in General Policing, Community Policing, and Policing Issues.
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