At a time when same-sex marriage, gay adoption, and the rise of single-parent households challenge traditional views of the family, this innovative volume helps readers put such issues into social and legal perspective. Engster and Metz bring together essential readings in political and legal theory and organise them to illuminate pressing contemporary debates on the family: gender and justice, parents and children, the state and globalisation. Justice, Politics, and the Family is an engaging and a diverse addition to the area of critical legal theory and sociology.
"In this classic work of feminist political thought, Iris Marion Young challenges the prevailing reduction of social justice to distributive justice. The starting point for her critique is the experience and concerns of the new social movements that were created by marginal and excluded groups, including women, African Americans, and American Indians, as well as gays and lesbians. Young argues that by assuming a homogeneous public, democratic theorists fail to consider institutional arrangements for including people not culturally identified with white European male norms. Consequently, theorists do not adequately address the problems of an inclusive participatory framework. Basing her vision of the good society on the culturally plural networks of contemporary urban life, Young makes the case that normative theory and public policy should undermine group-based oppression by affirming rather than suppressing social group differences"--Provided by publisher.
The study of law and politics is one of the foundation stones of the discipline of political science, and it has been one of the most productive areas of cross-fertilization between the various subfields of political science and between political science and other cognate disciplines. This Handbook provides a comprehensive survey of the field of law and politics in all its diversity, ranging from such traditional subjects as theories of jurisprudence, constitutionalism, judicial politics and law-and-society to such re-emerging subjects as comparative judicial politics, international law, and democratization. The Oxford Handbook of Law and Politics gathers together leading scholars in the field to assess key literatures shaping the discipline today and to help set the direction of research in the decade ahead.
The United States imprisons far more people, total and per capita, and at a higher rate than any other country in the world. Among the more than 1.5 million Americans currently incarcerated, minorities and the poor are disproportionately represented. What’s more, they tend to come from just a few of the most disadvantaged neighborhoods in the country. While the political costs of this phenomenon remain poorly understood, it’s become increasingly clear that the effects of this mass incarceration are much more pervasive than previously thought, extending beyond those imprisoned to the neighbors, family, and friends left behind. For Trading Democracy for Justice, Traci Burch has drawn on data from neighborhoods with imprisonment rates up to fourteen times the national average to chart demographic features that include information about imprisonment, probation, and parole, as well as voter turnout and volunteerism. She presents powerful evidence that living in a high-imprisonment neighborhood significantly decreases political participation. Similarly, people living in these neighborhoods are less likely to engage with their communities through volunteer work. What results is the demobilization of entire neighborhoods and the creation of vast inequalities—even among those not directly affected by the criminal justice system. The first book to demonstrate the ways in which the institutional effects of imprisonment undermine already disadvantaged communities, Trading Democracy for Justice speaks to issues at the heart of democracy.
A sitting justice reflects upon the authority of the Supreme CourtÑhow that authority was gained and how measures to restructure the Court could undermine both the Court and the constitutional system of checks and balances that depends on it. A growing chorus of officials and commentators argues that the Supreme Court has become too political. On this view the confirmation process is just an exercise in partisan agenda-setting, and the jurists are no more than Òpoliticians in robesÓÑtheir ostensibly neutral judicial philosophies mere camouflage for conservative or liberal convictions. Stephen Breyer, drawing upon his experience as a Supreme Court justice, sounds a cautionary note. Mindful of the CourtÕs history, he suggests that the judiciaryÕs hard-won authority could be marred by reforms premised on the assumption of ideological bias. Having, as Hamilton observed, Òno influence over either the sword or the purse,Ó the Court earned its authority by making decisions that have, over time, increased the publicÕs trust. If public trust is now in decline, one part of the solution is to promote better understandings of how the judiciary actually works: how judges adhere to their oaths and how they try to avoid considerations of politics and popularity. Breyer warns that political intervention could itself further erode public trust. Without the publicÕs trust, the Court would no longer be able to act as a check on the other branches of government or as a guarantor of the rule of law, risking serious harm to our constitutional system.
Three common assumptions of both liberal theory and political debate are the autonomy of the family, the principle of merit, and equality of life chances. Fishkin argues that even under the best conditions, commitment to any two of these principles precludes the third.
This timely book investigates the increasing visibility and influence of evangelical Christians in recent American politics with a focus on racial justice. Peter Goodwin Heltzel considers four evangelical social movements: Focus on the Family, the National Association of Evangelicals, Christian Community Development Association, and Sojourners. The political motives and actions of evangelical groups are founded upon their conceptions of Jesus Christ, Heltzel contends. He traces the roots of contemporary evangelical politics to the prophetic black Christianity tradition of Martin Luther King, Jr., and the socially engaged evangelical tradition of Carl F. H. Henry. Heltzel shows that the basic tenets of King's and Henry's theologies have led their evangelical heirs toward a prophetic evangelicalism in a shade of blue green--blue symbolizing the tragedy of black suffering in the Americas, and green symbolizing the hope of a prophetic evangelical engagement with poverty, AIDS, and the environment. This fresh theological understanding of evangelical political groups shines new light on the ways evangelicals shape and are shaped by broader American culture.
In this probing analysis of the European Union's transnational legal system, Lisa Conant explores the interaction between law and politics. In particular, she challenges the widely held view that the European Court of Justice (ECJ) has, through bold judicial activism, brought about profound policy and institutional changes within the EU's member states. She argues convincingly that this court, like its domestic counterparts, depends on the support of powerful organized interests to gain compliance with its rulings. What, Conant asks, are the policy implications of the ECJ's decisions? How are its rulings applied in practice? Drawing on the rich scholarship on the U.S. Supreme Court, Conant depicts the limits that the ECJ and other tribunals have to face. To illuminate these constraints, she traces the impact of ECJ decisions in four instances concerning market competition and national discrimination. She also proposes ways of anticipating which of this court's legal interpretations are likely to inspire major reforms.Justice Contained closes with a comparative analysis of judicial power, identifying the ECJ as an institution with greater similarities to domestic courts than to international organizations. The book advances a deeper understanding both of the court's contributions to European integration and of the political economy of litigation and reform.
Social justice is a contested term, incorporated into the language of widely differing political positions. Those on the left argue that it requires intervention from the state to ensure equality, at least of opportunity; those on the right believe that it can be underpinned by the economics of the market place with little or no state intervention. To date, political philosophers have made relatively few serious attempts to explain how a theory of social justice translates into public policy. This important book, drawing on international experience and a distinguished panel of political philosophers and social scientists, addresses what the meaning of social justice is, and how it translates into the everyday concerns of public and social policy, in the context of both multiculturalism and globalisation.
