What Women Want analyzes decades of voting preferences, values, and policy preferences to debunk some of the media and academic myths about gender gaps in voting and policy preferences. Findings show that no single theory explains when differences in women's and men's voting preferences emerge, when they do not, or when changes-or the lack thereof-occur over time. Steel extends existing theories to create a broader framework for thinking about gender and voting behavior to provide more analytical purchase in understanding gender and its varying effects on individual voters' preferences. She incorporates the long-term effects of party identification and class politics on political decision-making, particularly in how they influence preferences on social provision and on expectations of the state. She also points to the importance of symbolic politics.

The Roman Catholic Church's first significant legislative enactment on the nature and role of the Catholic university, the apostolic constitution "Ex corde Ecclesiae" (1990) grew out of thirty years of dialogue between ecclesiastical authorities and academic representatives. The final document affirms the explicit Catholic identity of Catholic educational institutions and outlines provisions for maintaining that identity; the questions of how to implement its provisions have in turn created the need for more dialogue and examination. In this volume, distinguished scholars and legal experts define the key questions and explore the future implications of "Ex corde" for American Catholic colleges and universities.

The assertion of the Catholic identity of Catholic institutions of higher education prompts the contributors to examine the definition of Catholic education as a special synthesis of the religious and the academic, of faith and reason; and to discuss corollary issues such as secularization; the counter-cultural features of Catholic education; and the great diversity of such schools in the United States and of their sponsoring religious orders. The contributors probe the schools' relationships with the Church hierarchy, exploring in particular the role of the bishops, the degree of autonomy from ecclesiastical control, and questions of academic freedom. They also consider specific legal issues that American Catholic colleges must face, including recognition of student groups, tenure and promotion decisions, governance, student and faculty conduct, and the relationship between canon and civil law, including compliance with national and local civil rights provisions. This volume also includes the complete text in English of "Ex corde Ecclesiae" and the preliminary draft of ordinances from the "Ex corde Ecclesiae" Implementation Committee of the National Conference of Catholic Bishops.

Appearing at a time when universities must face major issues of their own identity and governance, this volume will be of interest to all faculty and administrators, diocesan authorities and legal counsel, and everyone concerned with the future of Catholic higher education.

This book examines the transgressions of the credit rating agencies before, during and after the recent financial crisis. It proposes that by restricting the agencies' ability to offer ancillary services there stands the opportunity to limit, in an achievable and practical manner, the potentially negative effect that the Big Three rating agencies - Standard & Poor's, Moody's and Fitch - may have upon the financial sector and society moreover. The book contains an extensive and in-depth discussion about how the agencies ascended to their current position, why they were able to do so and ultimately their behaviour once their position was cemented. This work offers a new framework for the reader to follow, suggesting that investors, issuers and the state have a 'desired' version of the agencies in their thinking and operate upon that basis when, in fact, those imagined agencies do not exist, as demonstrated by the 'actual' conduct of the agencies. The book primarily aims to uncover this divergence and reveal the 'real' credit rating agencies, and then on that basis propose a real and potentially achievable reform to limit the negative effects that result from poor performance in this Industry. It addresses the topics with regard to financial regulation and the financial crisis, and will be of interest to legal scholars interested in the intersection between business and he law as well as researchers, academics, policymakers, industry and professional associations and students in the fields of corporate law, banking and finance law, financial regulation, corporate governance and corporate finance.

Environmental crimes are primarily driven by financial motives. The combined financial value of illicit trade in protected wildlife, illegal logging and waste trafficking is estimated to come directly after counterfeiting, the narcotic drugs trade and illegal gambling. Logically, the proceeds of these crimes must also be laundered. Goods, however, are not the only money maker for environmental criminals. Corporations may also try to 'save' costs by not complying with environmental regulations and thus commit crimes of omission rather than commission. From an enforcement and compliance perspective focusing on the proceeds of crime may therefore be an effective strategy. This book brings together different perspectives on the financial aspects of environmental crime and harm from a green criminological viewpoint. It addresses the role of economic systems, the value of environmental performance for corporations, money laundering in the context of environmental crime, financial investigation and questions of regulation and penalties. Discussing these topics from the view of green criminology, sociology and governance, this book will be of great interest to all those concerned about the financial dimensions of crime and the environment.

"The Mythology of Modern Law" is a radical reappraisal of the role of myth in modern society. Fitzpatrick uses the example of law, an integral category of modern social thought, to challenge the claims of modernity which deny the relevance of myth to the practice of law in modern society. Peter Fitzpatrick argues that law is mythic both in its origin and as a continuing social force, and depends for its identity on other mythic categories, such as the nation, the individual and the "sciences of man and society". He traces the development of the hold of mythology on Western society to the Enlightenment, despite the supposedly secular rationality of that period, and shows how it was strengthened by the experience of imperialism, when European identity was created in opposition to racially defined "others". Challenging and controversial, "The Mythology of Modern Law" questions current conceptions of legal and social theory. It revises the very foundations of jurisprudence and the sociology of law and undermines the exclusive stands taken within these disciplines.

This work is devoted to analyzing three major frames of justice--group justice, individual desert, and life affirmation--and their implications for social policy as well as their reflections in contemporary social policies. Pelton finds that all three frames of justice are reflected in the Bible and, later, the Koran. He contends that there is no evidence in the Bible of a genesis or development from one frame of justice to another. Rather, a sense of justice has existed in the human mind from time immemorial, with the three frames coexisting and manifesting themselves in both inter- and intra-group relations. The prominence of one frame over another at any particular point in history or in a particular geographical location is influenced by a variety of factors, though it is ultimately open to human choice. Pelton compares and contrasts the philosophies of nonviolence and liberalism in regard to the frames, and explores the relationships between principle, sentiment, reason, justice, and policy. He discusses social science's problematic relationship to justice in policymaking--for instance, how scholars have focused more on the effectiveness of policies, largely in terms of statistical outcomes reflecting aggregate data analyses, than on their justice. He goes on to explore in depth how frames of justice give direction to social policies, including those of genocide. Frames of Justice is an outstanding work that analyzes the question of justice and social policy, while simultaneously exploring the notion of desert in religion, philosophy, and legislation--especially within the context of the moral question of the relationship between means and ends--and contrasting it with the principle of life affirmation.

Legal Pluralism in Central Asia reports on historical, anthropological and legal research which examines customary legal practices in Kyrgyzstan and relates them to wider societal developments in Central Asia and further afield. Using the term legal pluralism, the book demonstrates that there is a spectrum of approaches, available avenues, forms of local law and indigenous popular justice in Kyrgyzstan's predominantly rural communities, which can be labelled living law. Based on her extensive original research, Mahabat Sadyrbek shows how contemporary peoples systematically address challenging problems, such as disputes, violence, accidents, crime and other difficulties, and thereby seek justice, redress, punishment, compensation, readjustment of relations or closure. She demonstrates that local law, expressed through ritually structured communicative exchange, through dictums and proverbs with binding characters and different legal practices or processes undertaken in specific ways, deem the solutions appropriate and acceptable. The reader is thereby enabled to see the law in people's deepest assumptions and beliefs, in codes of shame and honour, in local mores and ethics as well as in religious terms. In this way, the book reveals the dynamic, changing and living character of law in a specific context and in a region hitherto insufficiently researched within legal anthropology.

In this important book, Elspeth Reid presents an exhaustive, integrated treatment of the law of Delict in Scotland.The volume covers negligence, injuries to specific interests (such as defamation and assault), statutory liability, and defences and remedies. Alongside its focus upon the Scots sources, where appropriate it also gives full consideration to case law and commentary from other jurisdictions, especially England and Wales.

This insightful two-volume set presents a careful selection of the most important published papers on the economics of antitrust law. The collection focuses on areas of major importance including market power, horizontal arrangements, and vertical arrangements and exclusionary behaviour. It includes seminal papers on topics such as oligopoly and collusion, horizontal mergers and joint ventures, exclusive dealing and resale price maintenance. The Economics of Antitrust Law will be an essential source of reference for economists, lawyers and practitioners concerned with this important and controversial area of law and economics.

In Fragile Dreams,John A. Gould examines Central European communism, why it failed, and what has come since. Moving loosely chronologically from 1989 to the present, each chapter focuses on topics of importance to the fields of comparative politics, sociology, and feminist and gender studies. He addresses literature and key events related to the following: uprisings and social movements; communism and liberalism; the 20th century communist experience; post-communist liberal economic and political reform; politicized identity (with a focus on nation, gender and sexual orientation); democratization and EU accession; homophobia; and finally, populism and democratic decline. He draws heavily from his own research and experience as well as case studies of the former Czechoslovakia, Western Balkans, and Hungary-but much of the analysis has general applicability to the broader postcommunist region.Broad in its coverage, this academically rigorous book is ideal for students, travelers, and general readers. Gould writes in the first person and seamlessly blends theory with stories both from the existing literature and from 30 years of regional personal experience with family and friends. Throughout, Gould introduces key concepts, players, and events with precise definitions. Wherever possible, he emphasizes marginalized narratives, centering theory and stories that are often overlooked in standard comparative political science literature.

We think of law as rules whose words are binding, used by the courts in the adjudication of disputes. Bernard S. Jackson explains that early biblical law was significantly different, and that many of the laws in the Covenant Code in Exodus should be viewed as "wisdom-laws." By this term, he means "self-executing" rules, the provisions of which permit their application without recourse to the law-courts or similar institutions. They thus conform to two tenets of the "wisdom tradition": that judicial dispute should be avoided, and that the law is a type of teaching, or "wisdom."

Jewish law is a singular legal system that has been evolving for generations. Often conflated with Biblical law or Israeli law, Jewish law needs to be studied in its own right. An Introduction to Jewish Law expounds the general structure of Jewish law and presents the cardinal principles of this religious legal system. An introduction to modern Jewish law as it applies to the daily life of Jews around the world, this volume presents Jewish law in a way that answers all the questions that a student of comparative law would ask when encountering an unfamiliar legal system. Sources of Jewish law such as revelation, rabbinical and communal legislation, judicial decisions, and legal reasoning are defined and analyzed, and the authority of who decides what Jewish law is and why their decisions are binding is investigated.

Vasili Rukhadze examines the factors that contributed to post-uprising leadership durability in the Ukraine, Kyrgyzstan, and Georgia in 2004-12, after these countries underwent their so-called'Color Revolutions.' Using structured, focused comparison and process tracing, he argues that the key independent variable influencing post-mobilization leadership durability is ruling coalition size and cohesion. He demonstrates that if the ruling coalitions are large and fragmented, as in the Ukraine and Kyrgyzstan, the coalitions disintegrate, thus facilitating the downfall of the governments. Alternatively, if the ruling coalition is small and cohesive, as in Georgia, the coalition maintains unity, hence helping the government to stay in power. This study advances the debate on regime changes. By drawing a clear distinction between political leaderships that come to power as a result of popular uprisings and governments that take power through normal democratic processes, military coup, or any other means, the research offers one of the first studies on post-mobilization leadership. Rukhadze helps scholars differentiate between the factors that affect durability of post-uprising leadership from those factors that impact durability of all other political leadership, in turn equipping researchers with new tools to study power politics.

In this first of a definitive seven-volume work to be published by Transaction, by Gray L. Dorsey, a major figure in the philos-ophy and history of law, the ancient roots of the culture of Western jurisprudence are treated. This volume explores the forma-tion and regulation of societies in early Greece and classical Rome in relation to prevailing beliefs about reality, knowing, and desiring. And while part of a series, the volume clearly stands on its own.

The central question addressed in this fundamental reexamination of the organi-zation and regulation of antiquity is how, in a world in which major physical and human events are defined as in control of the gods, and with few mortals said to pos-sess such powers, did the Greeks and Ro-mans distribute decision-making powers to ensure survival and wealth? The meth-ods by which these issues are addressed is called "Jurisculture" to distinguish it from the analytical procedures of either philoso-phy or empirical social research.

Jurisculture identifies sets of mean-ings that derive from premises about real-ity and human nature, and beliefs con-sidered basic in organizing and controlling that reality. This work aims at nothing less than the discovery of new interrelations between prevailing ideas of antiquity and their codification and implementation in legal institutions and principles.

This volume is addressed to those people who are concerned with the wise and effective use of public discourse to ar-rive at prudent national and foreign pol-icies. Professor Dorsey discusses philosophical and social ideas, but always in the context of their implications for the prob-lems of organizing and regulating human cooperation. The emergence of the phi-losophy of law has made possible the rapid development of normative theory in the social sciences. This volume provides a powerful historical and analytical tool for this broad-sweeping development.

Volume 22 of The Jewish Law Annual adds to the growing list of articles on Jewish law that have been published in volumes 1–21 of this series, providing English-speaking readers with scholarly articles presenting jurisprudential, historical, textual and comparative analysis of issues in Jewish law. This volume features articles on rabbinic criminal law, tort law, jurisprudence, and judicial practice.

This book argues that the judiciary, particularly the Supreme Court, should embrace an interpretive framework that promotes equal participation in the democratic process, fosters accountability, and facilitates robust public discourse among citizens of all backgrounds. The authors propose a solution that strives to restore integrity to the Court's decision-making process by eschewing ideology and a focus on the utility of outcomes in favor of an intellectually honest jurisprudence that gives all citizens a meaningful voice in governance. The work is divided into seven parts. Parts I-V identify the worst decisions in the Court history and the common themes that helped produce them. The chapters within each part are dedicated to a single Supreme Court decision, in which the authors analyze the Court's reasoning and explain why it undermined federalism, separation of powers, and democratic governance. Additionally, the authors explain why these decisions compromised the relationship between the Court and coordinate branches, the federal government and the states, and citizens and their elected representatives. Part VI identifies several of the best Supreme Court decisions, and explains why they provide a principled framework that can be applied in other cases and result in a pro-democracy jurisprudence. Finally, in Part VII the authors propose a comprehensive solution that should inform the Justices' judicial philosophies, regardless of ideology, and strive to promote an equal and participatory democracy. The final chapter offers concluding thoughts and argues that a healthy democracy is the foundation upon which equality rests, and that a collective view of rights is the path by which to restore liberty for all citizens.

This book, from a top international group of scholars, explores the ways in which economic tools can be used to improve the quality of regulation in general and legislative tools in particular. As the role of law becomes increasingly important in China, the question arises of how effective regulatory and legislative tools can be developed to accompany the Chinese evolution towards a welfare state. China therefore provides a unique case study for scholars and policymakers interested in examining how regulation can play a role in promoting sustainable development. Economics and Regulation in China goes beyond traditional economic analysis of law by focusing specifically on the question of how economic tools can guide the quality of legislation. To this end, the book centres in on three areas: regulation as a tool of economic growth, competition policy and environmental policy. Not only are these three domains of great importance for China, but they are also relevant for a broad scholarship interested in the economic analysis of law. This volume contributes to discussions on how ex-ante evaluation of legislative proposals and ex-post analysis can increase the effectiveness and efficiency of regulation, using economic tools, offering insights that go beyond the particular case of China. The analysis offered by this book makes it an invaluable resource for academics and policymakers alike.

This book argues that the judiciary, particularly the Supreme Court, should embrace an interpretive framework that promotes equal participation in the democratic process, fosters accountability, and facilitates robust public discourse among citizens of all backgrounds. The authors propose a solution that strives to restore integrity to the Court's decision-making process by eschewing ideology and a focus on the utility of outcomes in favor of an intellectually honest jurisprudence that gives all citizens a meaningful voice in governance. The work is divided into seven parts. Parts I-V identify the worst decisions in the Court history and the common themes that helped produce them. The chapters within each part are dedicated to a single Supreme Court decision, in which the authors analyze the Court's reasoning and explain why it undermined federalism, separation of powers, and democratic governance. Additionally, the authors explain why these decisions compromised the relationship between the Court and coordinate branches, the federal government and the states, and citizens and their elected representatives. Part VI identifies several of the best Supreme Court decisions, and explains why they provide a principled framework that can be applied in other cases and result in a pro-democracy jurisprudence. Finally, in Part VII the authors propose a comprehensive solution that should inform the Justices' judicial philosophies, regardless of ideology, and strive to promote an equal and participatory democracy. The final chapter offers concluding thoughts and argues that a healthy democracy is the foundation upon which equality rests, and that a collective view of rights is the path by which to restore liberty for all citizens.

Through the lenses of comparative and critical rhetoric, this book theorizes how alternative approaches to communication can transform legal meanings and legal outcomes, infusing them with more inclusive participation, equity and justice. Viewing legal language through a radical lens, the book sets aside longstanding norms that derive from White and Euro-centric approaches in order to re-situate legal methods as products of new rhetorical models that come from diasporic and non-Western cultures. The book urges readers to re-consider how they think about logic and rhetoric and to consider other ways of building knowledge that can heal the law's current structures that often perpetuate and reinforce systems of privilege and power.

Given that persons typically have a right not to be subjected to the hard treatment of punishment, it would seem natural to conclude that the permissibility of punishment is centrally a question of rights. Despite this, the vast majority of theorists working on punishment focus instead on important aims, such as achieving retributive justice, deterring crime, restoring victims, or expressing society's core values. Wellman contends that these aims may well explain why we should want a properly constructed system of punishment, but none shows why it would be permissible to institute one. Only a rights-based analysis will suffice, because the type of justification we seek for punishment must demonstrate that punishment is permissible, and it would be permissible only if it violated no one's rights. On Wellman's view, punishment is permissible just in case the wrongdoer has forfeited her right against punishment by culpably violating (or at least attempting to violate) the rights of others. After defending rights forfeiture theory against the standard objections, Wellman explains this theory's implications for a number of core issues in criminal law, including the authority of the state, international criminal law, the proper scope of the criminal law and the tort/crime distinction, procedural rights, and the justification of mala prohibita.

Over two billion people still live under authoritarian rule. Moreover, authoritarian regimes around the world command enormous financial and economic resources, rivaling those controlled by advanced democracies. Yet authoritarian regimes as a whole are facing their greatest challenges in the recent two decades due to rebellions and economic stress. Extended periods of hardship have the potential of introducing instability to regimes because members of the existing ruling coalition suffer welfare losses that force them to consider alternatives, while previously quiescent masses may consider collective uprisings a worthwhile gamble in the face of declining standards of living. Economic Shocks and Authoritarian Stability homes in on the economic challenges facing authoritarian regimes through a set of comparative case studies that include Iran, Iraq under Saddam Hussein, Malaysia, Indonesia, Russia, the Eastern bloc countries, China, and Taiwan-authored by the top experts in these countries. Through these comparative case studies, this volume provides readers with the analytical tools for assessing whether the current round of economic shocks will lead to political instability or even regime change among the world's autocracies. This volume identifies the duration of economic shocks, the regime's control over the financial system, and the strength of the ruling party as key variables to explain whether authoritarian regimes would maintain the status quo, adjust their support coalitions, or fall from power after economic shocks.

Outside the United States, Norway's 1814 constitution is the oldest still in force. Constitutional judicial review has been a part of Norwegian court decision-making for most of these 200 years. Since the 1990s, Norway has also exercised review under the European Convention of Human Rights (ECHR). Judicial review of legislation can be controversial: having unelected judges overruling popularly elected majorities seems undemocratic. Yet Norway remains one of the most democratic countries in the world. How does Norway manage the balance between democracy and judicial oversight? Author Anine Kierulf tells the story of Norwegian constitutionalism from 1814 until today through the lens of judicial review debates and cases. This study adds important insights into the social and political justifications for an active judicial review component in a constitutional democracy. Anine Kierulf argues that the Norwegian model of judicial review provides a useful perspective on the dichotomy of American and European constitutionalism.

Although American scholars sometimes consider European legal scholarship as old-fashioned and inward-looking and Europeans often perceive American legal scholarship as amateur social science, both traditions share a joint challenge. If legal scholarship becomes too much separated from practice, legal scholars will ultimately make themselves superfluous. If legal scholars, on the other hand, cannot explain to other disciplines what is academic about their research, which methodologies are typical, and what separates proper research from mediocre or poor research, they will probably end up in a similar situation. Therefore we need a debate on what unites legal academics on both sides of the Atlantic. Should legal scholarship aspire to the status of a science and gradually adopt more and more of the methods, (quality) standards, and practices of other (social) sciences? What sort of methods do we need to study law in its social context and how should legal scholarship deal with the challenges posed by globalization?