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This book explains a paradox in American constitutional law: how a
right not discussed during the ratification debates at Philadelphia
and not mentioned in the text has become a core component of modern
freedom. Rather, privacy is a constitutional afterthought that has
gained force through modern interpretations of an old text.
Heffernan defends privacy rights against originalist objections to
its inclusion in modern constitutional doctrine, analyzes the
structure of privacy claims, and provides a blueprint for
protecting privacy against government incursion. The book will
appeal to a wide audience of students and researchers of criminal
procedure, constitutional history, law-and-society, and sociology
of law. Lawyers will find this book extremely valuable in
addressing the statutory issues associated with modern privacy law.
At last, a book about constitutional interpretation that speaks
plain English and makes sense. It's the best work I know on the
subject, yet that subject is not the one it's mostly about. The
book mostly tells the story of the constitutional right to privacy
and how it emerged from provisions that at the outset were not much
about privacy at all. On that subject, the book is definitive. It's
also fascinating, probing, engaging, insightful, and wonderfully
presented. Privacy and the American Constitution is a stellar
contribution to knowledge. Albert W. Alschuler, Julius Kreeger of
Law and Criminology, Emeritus, University of Chicago A powerful and
innovate contribution to constitutional law. Not only does
Heffernan offer us a fascinating and persuasive account of how
modern constitutional rights grew out of the personal space offered
to us in an earlier era, he also explains why privacy rights
deserve the newfound importance they have in our modern
jurisprudence, based upon the same Madisonian approach to
constitutional interpretation that justifies other central parts of
modern constitutional law. Marc Jonathan Blitz, Alan Joseph Bennett
Professor of Law, Oklahoma City University School of Law
This book explains a paradox in American constitutional law: how a
right not discussed during the ratification debates at Philadelphia
and not mentioned in the text has become a core component of modern
freedom. Rather, privacy is a constitutional afterthought that has
gained force through modern interpretations of an old text.
Heffernan defends privacy rights against originalist objections to
its inclusion in modern constitutional doctrine, analyzes the
structure of privacy claims, and provides a blueprint for
protecting privacy against government incursion. The book will
appeal to a wide audience of students and researchers of criminal
procedure, constitutional history, law-and-society, and sociology
of law. Lawyers will find this book extremely valuable in
addressing the statutory issues associated with modern privacy law.
At last, a book about constitutional interpretation that speaks
plain English and makes sense. It's the best work I know on the
subject, yet that subject is not the one it's mostly about. The
book mostly tells the story of the constitutional right to privacy
and how it emerged from provisions that at the outset were not much
about privacy at all. On that subject, the book is definitive. It's
also fascinating, probing, engaging, insightful, and wonderfully
presented. Privacy and the American Constitution is a stellar
contribution to knowledge. Albert W. Alschuler, Julius Kreeger of
Law and Criminology, Emeritus, University of Chicago A powerful and
innovate contribution to constitutional law. Not only does
Heffernan offer us a fascinating and persuasive account of how
modern constitutional rights grew out of the personal space offered
to us in an earlier era, he also explains why privacy rights
deserve the newfound importance they have in our modern
jurisprudence, based upon the same Madisonian approach to
constitutional interpretation that justifies other central parts of
modern constitutional law. Marc Jonathan Blitz, Alan Joseph Bennett
Professor of Law, Oklahoma City University School of Law
This book seeks to explain why the concept of justice is critical
to the study of criminal justice. Heffernan makes such a case by
treating state-sponsored punishment as the defining feature of
criminal justice. In particular, this work accounts for the state's
role as a surrogate for victims of wrongdoing, and so makes it
possible to integrate victimology scholarship into its
justice-based framework. In arguing that punishment may be imposed
only for wrongdoing, the book proposes a criterion for repudiating
the legal paternalism that informs drug-possession laws. Rethinking
the Foundations of Criminal Justice outlines steps for taming the
state's power to punish offenders; in particular, it draws on
restorative justice research to outline possibilities for a
penology that emphasizes offenders' humanity. Through its
examination of equality issues, the book integrates recent work on
the social justice/criminal justice connection into the scholarly
literature on punishment, and so will particularly appeal to those
interested in criminal justice theory.
This book seeks to explain why the concept of justice is critical
to the study of criminal justice. Heffernan makes such a case by
treating state-sponsored punishment as the defining feature of
criminal justice. In particular, this work accounts for the state's
role as a surrogate for victims of wrongdoing, and so makes it
possible to integrate victimology scholarship into its
justice-based framework. In arguing that punishment may be imposed
only for wrongdoing, the book proposes a criterion for repudiating
the legal paternalism that informs drug-possession laws. Rethinking
the Foundations of Criminal Justice outlines steps for taming the
state's power to punish offenders; in particular, it draws on
restorative justice research to outline possibilities for a
penology that emphasizes offenders' humanity. Through its
examination of equality issues, the book integrates recent work on
the social justice/criminal justice connection into the scholarly
literature on punishment, and so will particularly appeal to those
interested in criminal justice theory.
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Private and Public Corruption (Hardcover)
William C. Heffernan, John Kleinig; Contributions by Arlene W. Saxonhouse, J.Peter Euben, Paul Cantor, …
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R4,321
Discovery Miles 43 210
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Ships in 10 - 15 working days
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The various essays in this volume explore the development of ideas
of corruption, employing a range of disciplinary approaches.
Although we are accustomed to think of corruption as the misuse of
public office for private gain, corruption has its deeper roots in
the idea of a standard that has been eroded. That standard,
however, need not be construed idealistically: much of what is
asserted to be corruption takes the form of a departure from
conventional standards. In inveighing against corruption,
therefore, it is necessary first to examine the presumptions that
underlie its imputation. As well as exploring the ethical issues
that must be confronted in identifying corruption, the authors also
address some of the ethical issues that challenge attempts to root
out corruption.
Some two million Americans are in jail or in prison. Except for the
occasional expose, what happens to them is hidden from the rest of
us. Is it possible to develop and instill a professional ethic for
prison personnel that, in partnership with formal regulatory
constraints, will mediate relations among officers, staff, and
inmates, or are the failures of imprisonment as an
ethically-constrained institution so deeply etched into its
structure that no professional ethic is possible? The contributors
to this volume struggle with this central question and its broader
and narrower ramifications. Some argue that despite the problems
facing the practice of incarceration as punishment, a professional
ethic for prison officers and staff can be constructed and
implemented. Others, however, despair of imprisonment and even
punishment, and reach instead for alternative ways of healing the
personal and communal breaches constituted by crime. The result is
a provocative contribution to practical and professional ethics.
The economically deprived come into contact with the criminal court
system in disproportionate numbers. This collection of original,
interactive essays, written from a variety of ideological
perspectives, explores some of the more troubling questions and
ethical dilemmas inherent in this situation. The contributors,
including well-known legal and political philosophers Philip
Pettit, George Fletcher, and Jeremy Waldron, examine issues such as
heightened vulnerability, indigent representation, and rotten
social background defences.
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