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During the coming decades, the digital revolution that has
transformed so much of our world will transform legal education as
well. The digital production and distribution of course materials
will powerfully affect both the content and the way materials are
used in the classroom and library. This collection of essays by
leading legal scholars in various fields explores three aspects of
this coming transformation. The first set of essays discusses the
way digital materials will be created and how they will change
concepts of authorship as well as methods of production and
distribution. The second set explores the impact of digital
materials on law school classrooms and law libraries, and the third
set considers the potential transformation of the curriculum that
the materials are likely to produce. Taken together, these essays
provide a guide to momentous changes that every legal teacher and
scholar needs to understand.
Research suggests that crime prevention is generally more effective
than harsh punishment. But the public fears victimization and
demands punishment for the perpetrators of its fears. Consequently,
any policy that moves toward prevention, treatment, and alternative
modes of punishment must simultaneously move toward reducing the
level of victimizat
Federalism is one of the most influential concepts in modern
political discourse as well as the focus of immense controversy
resulting from the lack of a single coherent definition. Malcolm M.
Feeley and Edward Rubin expose the ambiguities of modern
federalism, offering a powerful but generous treatise on the modern
salience of the term.
Research suggests that crime prevention is generally more effective
than harsh punishment. But the public fears victimization and
demands punishment for the perpetrators of its fears. Consequently,
any policy that moves toward prevention, treatment, and alternative
modes of punishment must simultaneously move toward reducing the
level of victimization in a direct and readily comprehensible
manner. The fifteen authors of this volume articulate a pragmatic
crime policy for America which combines academic insights about
crime prevention with the realities of contemporary politics. The
studies collectively outline a coherent policy that centers on
"minimizing harm," as opposed to retribution, eliminating crime, or
solving the social problems that generate criminal behavior.
Minimizing harm implies a compromise between the best current
research and the concerns of citizens. The book consists of four
principal studies focusing on public attitudes toward crime,
prevention, alternative sanctions, and drug policy. Each study is
accompanied by two commentaries.
Political and social commentators regularly bemoan the decline of
morality in the modern world. They claim that the norms and values
that held society together in the past are rapidly eroding, to be
replaced by permissiveness and empty hedonism. But as Edward Rubin
demonstrates in this powerful account of moral transformations,
these prophets of doom are missing the point. Morality is not
diminishing; instead, a new morality, centered on an ethos of human
self-fulfillment, is arising to replace the old one.
As Rubin explains, changes in morality have gone hand in hand with
changes in the prevailing mode of governance throughout the course
of Western history. During the Early Middle Ages, a moral system
based on honor gradually developed. In a dangerous world where
state power was declining, people relied on bonds of personal
loyalty that were secured by generosity to their followers and
violence against their enemies. That moral order, exemplified in
the early feudal system and in sagas like The Song of Roland, The
Song of the Cid, and the Arthurian legends has faded, but its
remnants exist today in criminal organizations like the Mafia and
in the rap music of the urban ghettos. When state power began to
revive in the High Middle Ages through the efforts of the European
monarchies, and Christianity became more institutionally effective
and more spiritually intense, a new morality emerged. Described by
Rubin as the morality of higher purposes, it demanded that people
devote their personal efforts to achieving salvation and their
social efforts to serving the emerging nation-states. It insisted
on social hierarchy, confined women to subordinate roles,
restricted sex to procreation, centered child-rearing on moral
inculcation, and countenanced slavery and the marriage of
pre-teenage girls to older men.
Our modern era, which began in the late 18th century, has seen the
gradual erosion of this morality of higher purposes and the rise of
a new morality of self-fulfillment, one that encourages individuals
to pursue the most meaningful and rewarding life-path. Far from
being permissive or a moral abdication, it demands that people
respect each other's choices, that sex be mutually enjoyable, that
public positions be allocated according to merit, and that society
provide all its members with their minimum needs so that they have
the opportunity to fulfill themselves. Where people once served the
state, the state now functions to serve the people. The clash
between this ascending morality and the declining morality of
higher purposes is the primary driver of contemporary political and
cultural conflict.
A sweeping, big-idea book in the vein of Francis Fukuyama's The End
of History, Charles Taylor's The Secular Age, and Richard Sennett's
The Fall of Public Man, Edward Rubin's new volume promises to
reshape our understanding of morality, its relationship to
government, and its role in shaping the emerging world of High
Modernity.
During the coming decades, the digital revolution that has
transformed so much of our world will transform legal education as
well. The digital production and distribution of course materials
will powerfully affect both the content and the way materials are
used in the classroom and library. This collection of essays by
leading legal scholars in various fields explores three aspects of
this coming transformation. The first set of essays discusses the
way digital materials will be created and how they will change
concepts of authorship as well as methods of production and
distribution. The second set explores the impact of digital
materials on law school classrooms and law libraries and the third
set considers the potential transformation of the curriculum that
the materials are likely to produce. Taken together, these essays
provide a guide to momentous changes that every legal teacher and
scholar needs to understand.
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