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How have regimes used the agencies of criminal justice for their own purposes? What characterizes the linkage of politics and justice? Drawing on a wealth of foreign and domestic source material, Otto Kirchheimer examines systematically the structure of state protection, the nature of a strictly "political" trial, including the trial by fiat of the successor regime, and the forms of legal repression that states have used against political organizations. He analyzes the Nuremberg trials, the Communist purge trials, and a number of Smith Act trials. In two highly original chapters he also explores the political and judicial nature of asylum and clemency. This study of the uneasy balance between abstract justice and political expediency is a contribution to constitutional and criminal law, political science, and social psychology.Originally published in 1961.The Princeton Legacy Library uses the latest print-on-demand technology to again make available previously out-of-print books from the distinguished backlist of Princeton University Press. These editions preserve the original texts of these important books while presenting them in durable paperback and hardcover editions. The goal of the Princeton Legacy Library is to vastly increase access to the rich scholarly heritage found in the thousands of books published by Princeton University Press since its founding in 1905.
Law --- Law and politics --- Political aspects.
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Law --- Law and politics --- Political aspects. --- Great Britain.
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Has constitutional law become merely the confused but self-important incantations of a secular priesthood? This volume offers an iconoclastic assessment of American constitutionalists from Madison and Jefferson to Dworkin and Bork, as well as a provocative overview of both the aspirations and the tragic failures of American constitutionalism.
Constitutional law --- Law --- Reason. --- Mind --- Intellect --- Rationalism --- Law and politics --- Political aspects.
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Robert Kagan examines the origins and consequences of the American system of "adversarial legalism". This study aims to deepen our understanding of law and its relationship to politics, and raises questions about the future of the American legal system.
Adversary system (Law) --- Justice, Administration of --- Law --- Law and politics --- Political aspects.
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Le parcours accompli par l’État moderne est très significatif. Il est passé de la souveraineté princière (concédant aux particuliers un bagage essentiel de liberté subjective) à la souveraineté populaire (grâce à laquelle les droits du sujet se transforment en droit de l’homme et du citoyen) et ainsi de la crainte (qui caractérise le sujet) à la sécurité (qui distingue le citoyen), et aussi de la sécurité à la mobilisation politique des citoyens dans l’État de droit démocratique. Si on considère le droit cosmopolitique (toujours à la lumière du va-et-vient droit des gens-droit cosmopolitique) on peut observer que le cœur éteint de l’inerte cosmopolite n’est un hospice pour personne, et même un sauvage, le généreux sauvage de Herder, a place dans sa pauvre cabane pour tout étranger comme son frère. Dans le cadre d’un monde post-national, toutes les formes de vie (toutes les attentes, penchants et buts) ne peuvent pas être poursuivies : on doit aspirer uniquement aux formes de vie dont les droits sont compossibles. C’est au nom de la compossibilité que les revendications avancées par toutes les formes (choix) de vie doivent être jugées, qu’il s’agisse de revendications partagées, de revendications respectées, de revendications tolérées ou de revendications prohibées.
Law --- International law --- Jurisprudence --- Natural law --- Law and politics --- Political aspects. --- Philosophy.
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In 1886, the Supreme Court's leading conservative William H. Rehnquist was made Chief Justice. This work contains an overview of the Rehnquist Court's influence.
Conservatism --- Law --- Law and politics --- Political aspects. --- Rehnquist, William H., --- Rehnquist, Bill, --- United States. --- Supreme Court (U.S.) --- Chief Justice of the United States --- Supreme Court of the United States --- 美國. --- Law and politics.
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A comprehensive look at the Supreme Court Justices and their record. There are portraits of the nine who now sit on the high bench, and reviews of their nomination hearings. The workings of the Court are also explored, ranging from the selection and role of the clerks to the workload.
Judicial review --- Law --- Law and politics --- Political aspects. --- Rehnquist, William H., --- Rehnquist, Bill, --- United States. --- Supreme Court (U.S.) --- Chief Justice of the United States --- Supreme Court of the United States --- 美國. --- Law and politics.
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Taking natural disaster as the political and legal norm is uncommon. Taking a person who has become unstable and irrational during a disaster as the starting point for legal analysis is equally uncommon. Nonetheless, in Law in Crisis Ruth Miller makes the unsettling case that the law demands an ecstatic subject and that natural disaster is the endpoint to law. Developing an idiosyncratic but compelling new theory of legal and political existence, Miller challenges existing arguments that, whether valedictory or critical, have posited the rational, bounded self as the normative subject of law. By bringing a distinctive, accessible reading of contemporary political philosophy to bear on source material in several European and Middle Eastern languages, Miller constructs a cogent analysis of natural disaster and its role in modern subject formation. In the process, she opens up exciting new lines of inquiry in the fields of law, politics, and gender studies. Law in Crisis represents a promising new development in the interdisciplinary study of law.
Law --- Subjectivity. --- Natural disasters --- Law and politics --- Subjectivism --- Knowledge, Theory of --- Relativity --- Jurisprudence --- Philosophy. --- Law and legislation. --- Political aspects.
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Many of America's most important social and political movements--abolition, women's suffragette, civil rights, women's liberation, gay and lesbian rights--have organized in the shadow of the law. All are based in their theoretical opposition to the law. Yet at the same time, they are dependent on the laws that prohibit them. Law is thus formed as much through the dynamic tensions that govern how these laws are received as through their official decree. Legal forms such as contracts, property, and rights also constitute social and political life because they structure our world. John Brigham here focuses on four ideological movements and their strategies, among them the struggle over the closing of gay bathhouses in the early years of the AIDS crisis and the radical feminist use of rage and radical consciousness in anti- pornography campaigns. The effect of law on politics, Brigham convincingly reveals, is pervasive precisely because political life finds its expression in a surprising variety of legal forms.
Sex and law --- Civil rights --- Law --- Jurisprudence --- Anglo-American law --- Law, Anglo-American --- Law and politics --- Political aspects. --- Philosophy.
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This forty-fifth volume of "Studies in Law, Politics, and Society" brings together the work of scholars from several disciplines, work which usefully illuminates central questions surrounding the operation of law and legal systems. Their work offers new perspectives on sentencing and punishment, lawyering for the public good, and the meaning of legal doctrine. The articles published here exemplify the exciting and innovative work now being done in interdisciplinary legal scholarship.
Sociological jurisprudence. --- Law --- Political aspects. --- Law and politics --- Law and society --- Society and law --- Sociology of law --- Sociology --- Jurisprudence --- Law and the social sciences --- Law & society. --- General.
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