In recent years there has been a significant growth in interest of the so-called “law in context” extending legal studies beyond black letter law. This book looks at the relationship between statute law and legal practice. It examines how law is applied in reality and more precisely how law is perceived by the general public in contrast to the legal profession. The authors look at a number of themes that are central to examining ways in which myths about law are formed, and how there is inevitably a constitutive power aspect to this myth making. At the same time they explore to what extent law itself creates and sustains myths. The book will be of general interest to a number of different disciplines such as legal theory, general law, criminology and sociology.
Should public opinion determine--or even influence--sentencing policy and practice? Should the punishment of criminal offenders reflect what the public regards as appropriate? These deceptively simple questions conceal complex theoretical and methodological challenges to the administration of punishment. In the West, politicians have often answered these questions in the affirmative; penal reforms have been justified with direct reference to the attitudes of the public. This is why the contention that politicians should bridge the gap between the public and criminal justice practice has widespread resonance. Criminal law scholars, for their part, have often been more reluctant to accept public input in penal practice, and some have even held that the idea of consulting public opinion constitutes a populist approach to punishment. The purpose of this book is to examine the moral significance of public opinion for penal theory and practice. For the first time in a single volume the editors, Jesper Ryberg and Julian V. Roberts, have assembled a number of respected criminologists, philosophers, and legal theorists to address the various aspects of why and how public opinion should be reflected in the way the criminal justice system deals with criminals. The chapters address the myriad complexities surrounding this issue by first weighing the justifications for incorporating public views into punishment practices and then considering the various ways this might be achieved through juries, prosecutors, restorative justice programs, and other means.
“What would it take to create a world in which fantasy is not confused for fact and public policy is based on objective reality?" asks Neil deGrasse Tyson, science popularizer and author of Astrophysics for People in a Hurry. "I don't know for sure. But a good place to start would be for everyone on earth to read this book." Maybe you know someone who swears by the reliability of psychics or who is in regular contact with angels. Or perhaps you're trying to find a nice way of dissuading someone from wasting money on a homeopathy cure. Or you met someone at a party who insisted the Holocaust never happened or that no one ever walked on the moon. How do you find a gently persuasive way of steering people away from unfounded beliefs, bogus cures, conspiracy theories, and the like? This down-to-earth, entertaining exploration of commonly held extraordinary claims will help you set the record straight. The author, a veteran journalist, has not only surveyed a vast body of literature, but has also interviewed leading scientists, explored "the most haunted house in America," frolicked in the inviting waters of the Bermuda Triangle, and even talked to a "contrite Roswell alien." He is not out simply to debunk unfounded beliefs. Wherever possible, he presents alternative scientific explanations, which in most cases are even more fascinating than the wildest speculation. For example, stories about UFOs and alien abductions lack good evidence, but science gives us plenty of reasons to keep exploring outer space for evidence that life exists elsewhere in the vast universe. The proof for Bigfoot or the Loch Ness Monster may be nonexistent, but scientists are regularly discovering new species, some of which are truly stranger than fiction. Stressing the excitement of scientific discovery and the legitimate mysteries and wonder inherent in reality, this book invites readers to share the joys of rational thinking and the skeptical approach to evaluating our extraordinary world.
Commentators have noted the extraordinary impact of popular culture on legal practice, courtroom proceedings, police departments, and government as a whole, and it is no exaggeration to say that most people derive their basic understanding of law from cultural products. Movies, television programs, fiction, children’s literature, online games, and the mass media typically influence attitudes and impressions regarding law and legal institutions more than law and legal institutions themselves. Law and Popular Culture: International Perspectives enhances the appreciation of the interaction between popular culture and law by underscoring this interaction’s multinational and international features. Two dozen authors from nine countries invite readers to consider the role of law-related popular culture in a broad range of nations, socio-political contexts, and educational environments. Even more importantly, selected contributors explore the global transmission and reception of law-related cultural products and, in particular, the influence of assorted works and media across national borders and cultural boundaries. The circulation and consumption of law-related popular culture are increasing as channels of mass media become more complex and as globalization runs its uncertain course. Law and Popular Culture: International Perspectives adds to the critical understanding of the worldwide interaction of popular culture and law and encourages reflection on the wider implications of this mutual influence across both time and geography.
This commentary on freedom of religion or belief provides a comprehensive overview of the pressing issues of freedom of religion or belief from an international law perspective.
This work has been selected by scholars as being culturally important, and is part of the knowledge base of civilization as we know it. This work was reproduced from the original artifact, and remains as true to the original work as possible. Therefore, you will see the original copyright references, library stamps (as most of these works have been housed in our most important libraries around the world), and other notations in the work. This work is in the public domain in the United States of America, and possibly other nations. Within the United States, you may freely copy and distribute this work, as no entity (individual or corporate) has a copyright on the body of the work. As a reproduction of a historical artifact, this work may contain missing or blurred pages, poor pictures, errant marks, etc. Scholars believe, and we concur, that this work is important enough to be preserved, reproduced, and made generally available to the public. We appreciate your support of the preservation process, and thank you for being an important part of keeping this knowledge alive and relevant.
This book makes the radical claim that rather than interpreting the Constitution from on high, the Court should be reflecting popular will--or the wishes of the people themselves.
Using a range of examples, from Surinamese zombies to American horror films, this volume demonstrates the extent to which evil imagery is linked to a fear of excess. It examines in-depth key themes in the anthropology of belief.
