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Legality and Democracy

Contested Affinities

By: Stuart A. Scheingold (Editor)

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Hardcover | 20 June 2006

At a Glance

Hardcover
716 Pages

Edition Type
New edition

Dimensions(cm)
24.6 x 17.4 x 5.72

Hardcover

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Democracy and the rule of law are commonly represented as complementary and indispensable components of the modern democratic state. Whatever the truth of this formulation, it conceals the competing claims of electoral and legal accountability that are the subject of this volume. Political, legal and social theorists have long debated these contending claims. Recent socio-legal scholarship has shed empirical light on the debate. Accordingly, this volume brings together some of the landmarks of the relevant theory, including the work of such scholars as H.L.A. Hart, Lon L. Fuller and Philip Selznick and incorporates current socio-legal scholarship by such leading figures as Malcolm Feeley, Robert Kagan, Michael McCann and David Nelken.

Industry Reviews

'Scheingold's choice of articles to include in this volume, his imaginative interpretive essay, and the organization of the works included in the volume demonstrate how sociolegal empirical scholarship has and should address broad issues derived from political and legal theory.' -The Law an Politics Book Review, February 2007

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You Can Find This Book In

Non-Fiction Politics & Government Political Structure & Processes Political Structures & Democracy Philosophy Law Jurisprudence & General Issues Law & Society Jurisprudence & Philosophy of Law Systems of Law Laws of Specific Jurisdictions Constitutional & Administrative Law

Government Powers

Rights : legal aspects	p. 3
Revisiting Fuller's critique of Hart - managerial control and the pathology of legal systems : the Hart-Weber nexus	p. 11
The forms and limits of adjudication	p. 47
Sociology and natural law	p. 105
Why the "haves" come out ahead : speculations on the limits of legal change	p. 133
Controlling official behavior in welfare administration	p. 203
The war on poverty : a civilian perspective	p. 235
Public interest liberalism and the modern regulatory state	p. 271
Constitutional rights and social change : civil rights in perspective	p. 299
The passive virtues	p. 321
Decreeing organizational change : judicial supervision of public institutions	p. 361
Adversarial legalism and American government	p. 405
The passive-aggressive virtues : Cohens v. Virginia and the problematic establishment of judicial power	p. 445
The role of the judge in public law litigation	p. 471
The prison conditions cases and the bureaucratization of American corrections : influences, impacts and implications	p. 507
Legal mobilization and the politics of reform : lessons from school finance litigation in Kentucky, 1984-1995	p. 551
Twenty-five years after Rodriguez : school finance litigation and the impact of the new judicial federalism	p. 605
Beyond compare? : criticizing "the American way of law"	p. 653
Table of Contents provided by Blackwell. All Rights Reserved.

Legality and Democracy

Contested Affinities

At a Glance

Hardcover

Industry Reviews

Shipping

How to return your order

Defective items

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