4 results for "Innovation"

Between authority and interpretation: on the theory of law and practical reason

Raz, Joseph
In this book Joseph Raz develops his views on some of the central questions in practical philosophy: legal, political, and moral. The book provides an overview of Raz's work on jurisprudence and the nature of law in the context of broader questions in the philosophy of practical reason. The book opens with a discussion of methodological issues, focusing on understanding the nature of jurisprudence. It asks how the nature of law can be explained, and how the success of a legal theory can be established. The book then addresses central questions on the nature of law, its relation to morality, the nature and justification of authority, and the nature of legal reasoning. It explains how legitimate law, while being a branch of applied morality, is also a relatively autonomous system, which has the potential to bridge moral differences among its subjects. Raz offers responses to some critical reactions to his theory of authority, adumbrating, and modifying the theory to meet some of them. The final part of the book brings together for the first time Raz's work on the nature of interpretation in law and the humanities. It includes a new essay explaining interpretive pluralism and the possibility of interpretive innovation. Taken together, the essays in the volume offer a valuable introduction for students coming for the first time to Raz's work in the philosophy of law, and an original contribution to many of the current debates in practical philosophy.
Oxford University Press 2010-09-09 413 pages

The reproach of hunger: food, justice, and money in the twenty-first century

Rieff, David
"In a groundbreaking book based on six years of reporting, leading expert on humanitarian aid and development David Rieff offers a review of whether the end of extreme poverty and widespread hunger are within our reach. Some of the most brilliant scientists, world politicians, and development experts agree that the eradication of hunger is an essential task for the new millennium. Yet in the last decade, the prices of wheat, soy and rice have soared. This has condemned the hundreds of millions of the world's population who live on less than one dollar per day to a state of hunger and insecurity. Rieff searches for the causes of this food security crisis, as well as what lies behind the failures to respond to disaster: failures to address climate change, poor governance, and misguided optimism. Rieff cautions against the increased privatization of aid, as well as the interventions of celebrity campaigners, whose business-led solutions rob development of political urgency. He dismisses the idle hope of Bill Gates and Warren Buffett that food scarcity can be solved by technological innovation alone. The path ahead, Rieff reminds us, demands we rethink the fundamental causes of the world's grotesque inequalities and understand that what is at stake is a political challenge we are failing to confront".
Simon & Schuster 2015-10-06 402 pages

Weak courts, strong rights: judicial review and social welfare rights in comparative constitutional law

Tushnet, Mark V.
Unlike many other countries, the United States has few constitutional guarantees of social welfare rights such as income, housing, or healthcare. In part this is because many Americans believe that the courts cannot possibly enforce such guarantees. However, recent innovations in constitutional design in other countries suggest that such rights can be judicially enforced--not by increasing the power of the courts but by decreasing it. In Weak Courts, Strong Rights , Mark Tushnet uses a comparative legal perspective to show how creating weaker forms of judicial review may actually allow for stronger social welfare rights under American constitutional law. Under "strong-form" judicial review, as in the United States, judicial interpretations of the constitution are binding on other branches of government. In contrast, "weak-form" review allows the legislature and executive to reject constitutional rulings by the judiciary--as long as they do so publicly. Tushnet describes how weak-form review works in Great Britain and Canada and discusses the extent to which legislatures can be expected to enforce constitutional norms on their own. With that background, he turns to social welfare rights, explaining the connection between the "state action" or "horizontal effect" doctrine and the enforcement of social welfare rights. Tushnet then draws together the analysis of weak-form review and that of social welfare rights, explaining how weak-form review could be used to enforce those rights. He demonstrates that there is a clear judicial path--not an insurmountable judicial hurdle--to better enforcement of constitutional social welfare rights.
Princeton University Press 2009-08-09 272 pages

Power of persuasion: essays by a very public lawyer

Blom-Cooper, Louis
"Over the years of the developing judicial review of ministerial and governmental decisions, Louis Blom-Cooper was a leading advocate who grew up with the advent of a distinctive brand of public law. His range of public activities, both inside and out of the courtroom, saw him dubbed by his colleagues as a polymath practitioner. They included chairmanship of plural public inquiries in child abuse and mental health, media contributions and innovation in penal reform. This book is a collection of his essays, prefaced by a self-examination of his unorthodox philosophy towards the law in action. It covers a variety of socio-legal topics that express his ambition to inform the public on the workings of the legal system. This involves a discussion of the history of Britain's unwritten and, in the author's view, insufficiently interpreted constitution. It reflects a commitment to the European Convention on Human Rights and portrays its international origins. It also opines on crime and punishment in the functioning of the courts and elsewhere, and the political shift from the penal optimism of the 1970s to the reactionary punitiveness of the post-1990s. The essays conclude with a miscellany of affairs, reflecting on professional practices and the author's judicial heroes Lord Reid and Lord Bingham."--Bloomsbury Publishing.
Hart Publishing 2015-02-26 365 pages