The Legal Foundations of Inequality

The Legal Foundations of Inequality

Author: Roberto Gargarella

Publisher: Cambridge University Press

Published: 2010-04-12

Total Pages: 287

ISBN-13: 1139485989

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The long revolutionary movements that gave birth to constitutional democracies in the Americas were founded on egalitarian constitutional ideals. They claimed that all men were created equal with similar capacities and also that the community should become self-governing. Following the first constitutional debates that took place in the region, these promising egalitarian claims, which gave legitimacy to the revolutions, soon fell out of favor. Advocates of a conservative order challenged both ideals and favored constitutions that established religion and created an exclusionary political structure. Liberals proposed constitutions that protected individual autonomy and rights but established severe restrictions on the principle of majority rule. Radicals favored an openly majoritarian constitutional organization that, according to many, directly threatened the protection of individual rights. This book examines the influence of these opposite views during the 'founding period' of constitutionalism in countries including the United States, Argentina, Colombia, Chile, Ecuador, Mexico, Peru, and Venezuela.


Judging Inequality

Judging Inequality

Author: James L. Gibson

Publisher: Russell Sage Foundation

Published: 2021-08-31

Total Pages: 379

ISBN-13: 161044907X

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Social scientists have convincingly documented soaring levels of political, legal, economic, and social inequality in the United States. Missing from this picture of rampant inequality, however, is any attention to the significant role of state law and courts in establishing policies that either ameliorate or exacerbate inequality. In Judging Inequality, political scientists James L. Gibson and Michael J. Nelson demonstrate the influential role of the fifty state supreme courts in shaping the widespread inequalities that define America today, focusing on court-made public policy on issues ranging from educational equity and adequacy to LGBT rights to access to justice to worker’s rights. Drawing on an analysis of an original database of nearly 6,000 decisions made by over 900 judges on 50 state supreme courts over a quarter century, Judging Inequality documents two ways that state high courts have crafted policies relevant to inequality: through substantive policy decisions that fail to advance equality and by rulings favoring more privileged litigants (typically known as “upperdogs”). The authors discover that whether court-sanctioned policies lead to greater or lesser inequality depends on the ideologies of the justices serving on these high benches, the policy preferences of their constituents (the people of their state), and the institutional structures that determine who becomes a judge as well as who decides whether those individuals remain in office. Gibson and Nelson decisively reject the conventional theory that state supreme courts tend to protect underdog litigants from the wrath of majorities. Instead, the authors demonstrate that the ideological compositions of state supreme courts most often mirror the dominant political coalition in their state at a given point in time. As a result, state supreme courts are unlikely to stand as an independent force against the rise of inequality in the United States, instead making decisions compatible with the preferences of political elites already in power. At least at the state high court level, the myth of judicial independence truly is a myth. Judging Inequality offers a comprehensive examination of the powerful role that state supreme courts play in shaping public policies pertinent to inequality. This volume is a landmark contribution to scholarly work on the intersection of American jurisprudence and inequality, one that essentially rewrites the “conventional wisdom” on the role of courts in America’s democracy.


The Code of Capital

The Code of Capital

Author: Katharina Pistor

Publisher: Princeton University Press

Published: 2020-11-03

Total Pages: 315

ISBN-13: 0691208603

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"Capital is the defining feature of modern economies, yet most people have no idea where it actually comes from. What is it, exactly, that transforms mere wealth into an asset that automatically creates more wealth? The Code of Capital explains how capital is created behind closed doors in the offices of private attorneys, and why this little-known fact is one of the biggest reasons for the widening wealth gap between the holders of capital and everybody else. In this revealing book, Katharina Pistor argues that the law selectively "codes" certain assets, endowing them with the capacity to protect and produce private wealth. With the right legal coding, any object, claim, or idea can be turned into capital - and lawyers are the keepers of the code. Pistor describes how they pick and choose among different legal systems and legal devices for the ones that best serve their clients' needs, and how techniques that were first perfected centuries ago to code landholdings as capital are being used today to code stocks, bonds, ideas, and even expectations--assets that exist only in law. A powerful new way of thinking about one of the most pernicious problems of our time, The Code of Capital explores the different ways that debt, complex financial products, and other assets are coded to give financial advantage to their holders. This provocative book paints a troubling portrait of the pervasive global nature of the code, the people who shape it, and the governments that enforce it."--Provided by publisher.


Supreme Inequality

Supreme Inequality

Author: Adam Cohen

Publisher: Penguin

Published: 2021-02-23

Total Pages: 458

ISBN-13: 0735221529

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“With Supreme Inequality, Adam Cohen has built, brick by brick, an airtight case against the Supreme Court of the last half-century...Cohen’s book is a closing statement in the case against an institution tasked with protecting the vulnerable, which has emboldened the rich and powerful instead.” —Dahlia Lithwick, senior editor, Slate A revelatory examination of the conservative direction of the Supreme Court over the last fifty years. In Supreme Inequality, bestselling author Adam Cohen surveys the most significant Supreme Court rulings since the Nixon era and exposes how, contrary to what Americans like to believe, the Supreme Court does little to protect the rights of the poor and disadvantaged; in fact, it has not been on their side for fifty years. Cohen proves beyond doubt that the modern Court has been one of the leading forces behind the nation’s soaring level of economic inequality, and that an institution revered as a source of fairness has been systematically making America less fair. A triumph of American legal, political, and social history, Supreme Inequality holds to account the highest court in the land and shows how much damage it has done to America’s ideals of equality, democracy, and justice for all.


Not Enough

Not Enough

Author: Samuel Moyn

Publisher: Harvard University Press

Published: 2018-04-10

Total Pages: 297

ISBN-13: 067498482X

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“No one has written with more penetrating skepticism about the history of human rights.” —Adam Kirsch, Wall Street Journal “Moyn breaks new ground in examining the relationship between human rights and economic fairness.” —George Soros The age of human rights has been kindest to the rich. While state violations of political rights have garnered unprecedented attention in recent decades, a commitment to material equality has quietly disappeared. In its place, economic liberalization has emerged as the dominant force. In this provocative book, Samuel Moyn considers how and why we chose to make human rights our highest ideals while simultaneously neglecting the demands of broader social and economic justice. Moyn places the human rights movement in relation to this disturbing shift and explores why the rise of human rights has occurred alongside exploding inequality. “Moyn asks whether human-rights theorists and advocates, in the quest to make the world better for all, have actually helped to make things worse... Sure to provoke a wider discussion.” —Adam Kirsch, Wall Street Journal “A sharpening interrogation of the liberal order and the institutions of global governance created by, and arguably for, Pax Americana... Consistently bracing.” —Pankaj Mishra, London Review of Books “Moyn suggests that our current vocabularies of global justice—above all our belief in the emancipatory potential of human rights—need to be discarded if we are work to make our vastly unequal world more equal... [A] tour de force.” —Los Angeles Review of Books


Social Justice

Social Justice

Author: Madison Powers

Publisher: Oxford University Press

Published: 2008-09-25

Total Pages: 244

ISBN-13: 0199705194

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In bioethics, discussions of justice have tended to focus on questions of fairness in access to health care: is there a right to medical treatment, and how should priorities be set when medical resources are scarce. But health care is only one of many factors that determine the extent to which people live healthy lives, and fairness is not the only consideration in determining whether a health policy is just. In this pathbreaking book, senior bioethicists Powers and Faden confront foundational issues about health and justice.


Personalized Law

Personalized Law

Author: Omri Ben-Shahar

Publisher: Oxford University Press

Published: 2021-05-17

Total Pages: 257

ISBN-13: 0197522831

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We live in a world of one-size-fits-all law. People are different, but the laws that govern them are uniform. "Personalized Law"---rules that vary person by person---will change that. Here is a vision of a brave new world, where each person is bound by their own personally-tailored law. "Reasonable person" standards would be replaced by a multitude of personalized commands, each individual with their own "reasonable you" rule. Skilled doctors would be held to higher standards of care, the most vulnerable consumers and employees would receive stronger protections, age restrictions for driving or for the consumption of alcohol would vary according the recklessness risk that each person poses, and borrowers would be entitled to personalized loan disclosures tailored to their unique needs and delivered in a format fitting their mental capacity. The data and algorithms to administer personalize law are at our doorstep, and embryos of this regime are sprouting. Should we welcome this transformation of the law? Does personalized law harbor a utopic promise, or would it produce alienation, demoralization, and discrimination? This book is the first to explore personalized law, offering a vision of law and robotics that delegates to machines those tasks humans are least able to perform well. It inquires how personalized law can be designed to deliver precision and justice and what pitfalls the regime would have to prudently avoid. In this book, Omri Ben-Shahar and Ariel Porat not only present this concept in a clear, easily accessible way, but they offer specific examples of how personalized law may be implemented across a variety of real-life applications.


How to Fight Inequality

How to Fight Inequality

Author: Ben Phillips

Publisher: John Wiley & Sons

Published: 2020-09-29

Total Pages: 85

ISBN-13: 1509543104

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Inequality is the crisis of our time. The growing gap between a few at the top and the rest of society damages us all. No longer able to deny the crisis, every government in the world is now pledged to fix it – and yet it keeps on getting worse. In this book, international anti-inequality campaigner Ben Phillips shows why winning the debate is not enough: we have to win the fight. Drawing on his insider experience, and his personal exchanges with the real-life heroes of successful movements, he shows how the battle against inequality has been won before, and he shares a practical plan for defeating inequality again. He sets a route map for us to overcome deference, build our collective power, and create a new story. Most books on inequality are about what other people ought to do about it – this book is about why winning the fight needs you. Tired of feeling helpless in the face of spiralling inequality? Want to know what you can do about it? This is the book for you.


Democracy, Inequality, and Representation in Comparative Perspective

Democracy, Inequality, and Representation in Comparative Perspective

Author: Pablo Beramendi

Publisher: Russell Sage Foundation

Published: 2008-09-04

Total Pages: 447

ISBN-13: 1610440447

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The gap between the richest and poorest Americans has grown steadily over the last thirty years, and economic inequality is on the rise in many other industrialized democracies as well. But the magnitude and pace of the increase differs dramatically across nations. A country's political system and its institutions play a critical role in determining levels of inequality in a society. Democracy, Inequality, and Representation argues that the reverse is also true—inequality itself shapes political systems and institutions in powerful and often overlooked ways. In Democracy, Inequality, and Representation, distinguished political scientists and economists use a set of international databases to examine the political causes and consequences of income inequality. The volume opens with an examination of how differing systems of political representation contribute to cross-national variations in levels of inequality. Torben Iverson and David Soskice calculate that taxes and income transfers help reduce the poverty rate in Sweden by over 80 percent, while the comparable figure for the United States is only 13 percent. Noting that traditional economic models fail to account for this striking discrepancy, the authors show how variations in electoral systems lead to very different outcomes. But political causes of disparity are only one part of the equation. The contributors also examine how inequality shapes the democratic process. Pablo Beramendi and Christopher Anderson show how disparity mutes political voices: at the individual level, citizens with the lowest incomes are the least likely to vote, while high levels of inequality in a society result in diminished electoral participation overall. Thomas Cusack, Iverson, and Philipp Rehm demonstrate that uncertainty in the economy changes voters' attitudes; the mere risk of losing one's job generates increased popular demand for income support policies almost as much as actual unemployment does. Ronald Rogowski and Duncan McRae illustrate how changes in levels of inequality can drive reforms in political institutions themselves. Increased demand for female labor participation during World War II led to greater equality between men and women, which in turn encouraged many European countries to extend voting rights to women for the first time. The contributors to this important new volume skillfully disentangle a series of complex relationships between economics and politics to show how inequality both shapes and is shaped by policy. Democracy, Inequality, and Representation provides deeply nuanced insight into why some democracies are able to curtail inequality—while others continue to witness a division that grows ever deeper.


Corruption, Inequality, and the Rule of Law

Corruption, Inequality, and the Rule of Law

Author: Eric M. Uslaner

Publisher: Cambridge University Press

Published: 2010-04-12

Total Pages: 360

ISBN-13: 9780521145640

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Corruption flouts rules of fairness and gives some people advantages that others don't have. Corruption is persistent; there is little evidence that countries can escape the curse of corruption easily-or at all. Instead of focusing on institutional reform, Uslaner suggests that the roots of corruption lie in economic and legal inequality and low levels of generalized trust (which are not readily changed) and poor policy choices (which may be more likely to change). Economic inequality provides a fertile breeding ground for corruption-and, in turn, it leads to further inequalities. Just as corruption is persistent, inequality and trust do not change much over time in my cross-national aggregate analyses. Uslaner argues that high inequality leads to low trust and high corruption, and then to more inequality-an inequality trap and identifies direct linkages between inequality and trust in surveys of the mass public and elites in transition countries. Eric M. Uslaner is Professor of Government and Politics at the University of Maryland-College Park, where he has taught since 1975. He has written seven books including The Moral Foundations of Trust (Cambridge University Press, 2002), and The Decline of Comity in Congress (University of Michigan Press, 1993). In 1981-82 he was Fulbright Professor of American Studies and Political Science at the Hebrew University, Jerusalem, Israel and in 2005, he was a Fulbright Senior Specialist Lecturer at Novosibirsk State Technical University, Novosibirsk, Siberia, Russia. In 2006 he was appointed the first Senior Research Fellow at the Center for American Law and Political Science at the Southwest University of Political Science and Law, Chongqing, China.