Trust Courts And Social Rights

Author : David Vitale
Publisher : Cambridge University Press
ISBN 13 : 1009115898
Total Pages : 284 pages
Book Rating : 4.96/5 ( download)

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Download or read book Trust, Courts and Social Rights written by David Vitale and published by Cambridge University Press. This book was released on 2024-02-07 with total page 284 pages. Available in PDF, EPUB and Kindle. Book excerpt: Trust, Courts and Social Rights proposes an innovative legal framework for judicially enforcing social rights that is rooted in public trust in government or 'political trust'. Interdisciplinary in nature, the book draws on theoretical and empirical scholarship on the concept of trust across disciplines, including philosophy, sociology, psychology and political theory. It integrates that scholarship with the relevant public law literature on social rights, fiduciary political theory and judicial review. In doing so, the book uses trust as an analytical lens for social rights law – importing ideas from the scholarship on trust into the social rights literature – and develops a normative argument that contributes to the controversial debate on how courts should enforce social rights. Also global in focus, the book uses cases from courts in Africa, Europe, Latin America and North America to illustrate how the trust-based framework operates in practice.

Author : Tom R. Tyler
Publisher : Russell Sage Foundation
ISBN 13 : 1610445422
Total Pages : 265 pages
Book Rating : 4.29/5 ( download)

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Download or read book Trust in the Law written by Tom R. Tyler and published by Russell Sage Foundation. This book was released on 2002-10-10 with total page 265 pages. Available in PDF, EPUB and Kindle. Book excerpt: Public opinion polls suggest that American's trust in the police and courts is declining. The same polls also reveal a disturbing racial divide, with minorities expressing greater levels of distrust than whites. Practices such as racial profiling, zero-tolerance and three-strikes laws, the use of excessive force, and harsh punishments for minor drug crimes all contribute to perceptions of injustice. In Trust in the Law, psychologists Tom R. Tyler and Yuen J. Huo present a compelling argument that effective law enforcement requires the active engagement and participation of the communities it serves, and argue for a cooperative approach to law enforcement that appeals to people's sense of fair play, even if the outcomes are not always those with which they agree. Based on a wide-ranging survey of citizens who had recent contact with the police or courts in Oakland and Los Angeles, Trust in the Law examines the sources of people's favorable and unfavorable reactions to their encounters with legal authorities. Tyler and Huo address the issue from a variety of angles: the psychology of decision acceptance, the importance of individual personal experiences, and the role of ethnic group identification. They find that people react primarily to whether or not they are treated with dignity and respect, and the degree to which they feel they have been treated fairly helps to shape their acceptance of the legal process. Their findings show significantly less willingness on the part of minority group members who feel they have been treated unfairly to trust the motives to subsequent legal decisions of law enforcement authorities. Since most people in the study generalize from their personal experiences with individual police officers and judges, Tyler and Huo suggest that gaining maximum cooperation and consent of the public depends upon fair and transparent decision-making and treatment on the part of law enforcement officers. Tyler and Huo conclude that the best way to encourage compliance with the law is for legal authorities to implement programs that foster a sense of personal involvement and responsibility. For example, community policing programs, in which the local population is actively engaged in monitoring its own neighborhood, have been shown to be an effective tool in improving police-community relationships. Cooperation between legal authorities and community members is a much discussed but often elusive goal. Trust in the Law shows that legal authorities can behave in ways that encourage the voluntary acceptance of their directives, while also building trust and confidence in the overall legitimacy of the police and courts. A Volume in the Russell Sage Foundation Series on Trust

Author : David Vitale
Publisher : Cambridge University Press
ISBN 13 : 1009098551
Total Pages : 283 pages
Book Rating : 4.57/5 ( download)

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Download or read book Trust, Courts and Social Rights written by David Vitale and published by Cambridge University Press. This book was released on 2024-01-31 with total page 283 pages. Available in PDF, EPUB and Kindle. Book excerpt: Proposes an innovative legal framework for judicially enforcing social rights that is rooted in public trust in government.

Author : Karen Cook
Publisher : Russell Sage Foundation
ISBN 13 : 161044132X
Total Pages : 432 pages
Book Rating : 4.22/5 ( download)

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Download or read book Trust in Society written by Karen Cook and published by Russell Sage Foundation. This book was released on 2001-01-11 with total page 432 pages. Available in PDF, EPUB and Kindle. Book excerpt: Trust plays a pervasive role in social affairs, even sustaining acts of cooperation among strangers who have no control over each other's actions. But the full importance of trust is rarely acknowledged until it begins to break down, threatening the stability of social relationships once taken for granted. Trust in Society uses the tools of experimental psychology, sociology, political science, and economics to shed light on the many functions trust performs in social and political life. The authors discuss different ways of conceptualizing trust and investigate the empirical effects of trust in a variety of social settings, from the local and personal to the national and institutional. Drawing on experimental findings, this book examines how people decide whom to trust, and how a person proves his own trustworthiness to others. Placing trust in a person can be seen as a strategic act, a moral response, or even an expression of social solidarity. People often assume that strangers are trustworthy on the basis of crude social affinities, such as a shared race, religion, or hometown. Likewise, new immigrants are often able to draw heavily upon the trust of prior arrivals—frequently kin—to obtain work and start-up capital. Trust in Society explains how trust is fostered among members of voluntary associations—such as soccer clubs, choirs, and church groups—and asks whether this trust spills over into other civic activities of wider benefit to society. The book also scrutinizes the relationship between trust and formal regulatory institutions, such as the law, that either substitute for trust when it is absent, or protect people from the worst consequences of trust when it is misplaced. Moreover, psychological research reveals how compliance with the law depends more on public trust in the motives of the police and courts than on fear of punishment. The contributors to this volume demonstrate the growing analytical sophistication of trust research and its wide-ranging explanatory power. In the interests of analytical rigor, the social sciences all too often assume that people act as atomistic individuals without regard to the interests of others. Trust in Society demonstrates how we can think rigorously and analytically about the many aspects of social life that cannot be explained in those terms. A Volume in the Russell Sage Foundation Series on Trust!--

Author : George W. Keeton
Publisher : Praeger
ISBN 13 :
Total Pages : 142 pages
Book Rating : 4.82/5 ( download)

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Download or read book Social Change in the Law of Trusts written by George W. Keeton and published by Praeger. This book was released on 1974-01-14 with total page 142 pages. Available in PDF, EPUB and Kindle. Book excerpt: A collection of essays on the problems created in the Law of Trusts by social changes in England.

Author : Gerald N. Rosenberg
Publisher : University of Chicago Press
ISBN 13 : 0226726681
Total Pages : 541 pages
Book Rating : 4.87/5 ( download)

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Download or read book The Hollow Hope written by Gerald N. Rosenberg and published by University of Chicago Press. This book was released on 2008-09-15 with total page 541 pages. Available in PDF, EPUB and Kindle. Book excerpt: In follow-up studies, dozens of reviews, and even a book of essays evaluating his conclusions, Gerald Rosenberg’s critics—not to mention his supporters—have spent nearly two decades debating the arguments he first put forward in The Hollow Hope. With this substantially expanded second edition of his landmark work, Rosenberg himself steps back into the fray, responding to criticism and adding chapters on the same-sex marriage battle that ask anew whether courts can spur political and social reform. Finding that the answer is still a resounding no, Rosenberg reaffirms his powerful contention that it’s nearly impossible to generate significant reforms through litigation. The reason? American courts are ineffective and relatively weak—far from the uniquely powerful sources for change they’re often portrayed as. Rosenberg supports this claim by documenting the direct and secondary effects of key court decisions—particularly Brown v. Board of Education and Roe v. Wade. He reveals, for example, that Congress, the White House, and a determined civil rights movement did far more than Brown to advance desegregation, while pro-choice activists invested too much in Roe at the expense of political mobilization. Further illuminating these cases, as well as the ongoing fight for same-sex marriage rights, Rosenberg also marshals impressive evidence to overturn the common assumption that even unsuccessful litigation can advance a cause by raising its profile. Directly addressing its critics in a new conclusion, The Hollow Hope, Second Edition promises to reignite for a new generation the national debate it sparked seventeen years ago.

Author : Roberto Gargarella
Publisher : Routledge
ISBN 13 : 1351947958
Total Pages : 323 pages
Book Rating : 4.54/5 ( download)

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Download or read book Courts and Social Transformation in New Democracies written by Roberto Gargarella and published by Routledge. This book was released on 2017-03-02 with total page 323 pages. Available in PDF, EPUB and Kindle. Book excerpt: Using case studies drawn from Latin America, Africa, India and Eastern Europe, this volume examines the role of courts as a channel for social transformation for excluded sectors of society in contemporary democracies. With a focus on social rights litigation in post-authoritarian regimes or in the context of fragile state control, the authors assess the role of judicial processes in altering (or perpetuating) social and economic inequalities and power relations in society. Drawing on interdisciplinary expertise in the fields of law, political theory, and political science, the chapters address theoretical debates and present empirical case studies to examine recent trends in social rights litigation.

Author : American Bar Association. House of Delegates
Publisher : American Bar Association
ISBN 13 : 9781590318737
Total Pages : 216 pages
Book Rating : 4.30/5 ( download)

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Download or read book Model Rules of Professional Conduct written by American Bar Association. House of Delegates and published by American Bar Association. This book was released on 2007 with total page 216 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Model Rules of Professional Conduct provides an up-to-date resource for information on legal ethics. Federal, state and local courts in all jurisdictions look to the Rules for guidance in solving lawyer malpractice cases, disciplinary actions, disqualification issues, sanctions questions and much more. In this volume, black-letter Rules of Professional Conduct are followed by numbered Comments that explain each Rule's purpose and provide suggestions for its practical application. The Rules will help you identify proper conduct in a variety of given situations, review those instances where discretionary action is possible, and define the nature of the relationship between you and your clients, colleagues and the courts.

Author : Gerald N. Rosenberg
Publisher : Cambridge University Press
ISBN 13 : 1108474500
Total Pages : 377 pages
Book Rating : 4.04/5 ( download)

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Download or read book A Qualified Hope written by Gerald N. Rosenberg and published by Cambridge University Press. This book was released on 2019-08-29 with total page 377 pages. Available in PDF, EPUB and Kindle. Book excerpt: Examines whether the Indian Supreme Court can produce progressive social change and improve the lives of the relatively disadvantaged.

Author : Orville Vernon Burton
Publisher : Harvard University Press
ISBN 13 : 0674975642
Total Pages : 465 pages
Book Rating : 4.44/5 ( download)

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Download or read book Justice Deferred written by Orville Vernon Burton and published by Harvard University Press. This book was released on 2021-05-04 with total page 465 pages. Available in PDF, EPUB and Kindle. Book excerpt: In the first comprehensive accounting of the U.S. Supreme CourtÕs race-related jurisprudence, a distinguished historian and renowned civil rights lawyer scrutinize a legacy too often blighted by racial injustice. The Supreme Court is usually seen as protector of our liberties: it ended segregation, was a guarantor of fair trials, and safeguarded free speech and the vote. But this narrative derives mostly from a short period, from the 1930s to the early 1970s. Before then, the Court spent a century largely ignoring or suppressing basic rights, while the fifty years since 1970 have witnessed a mostly accelerating retreat from racial justice. From the Cherokee Trail of Tears to Brown v. Board of Education to the dismantling of the Voting Rights Act, historian Orville Vernon Burton and civil rights lawyer Armand Derfner shine a powerful light on the CourtÕs race recordÑa legacy at times uplifting, but more often distressing and sometimes disgraceful. For nearly a century, the Court ensured that the nineteenth-century Reconstruction amendments would not truly free and enfranchise African Americans. And the twenty-first century has seen a steady erosion of commitments to enforcing hard-won rights. Justice Deferred is the first book that comprehensively charts the CourtÕs race jurisprudence. Addressing nearly two hundred cases involving AmericaÕs racial minorities, the authors probe the parties involved, the justicesÕ reasoning, and the impact of individual rulings. We learn of heroes such as Thurgood Marshall; villains, including Roger Taney; and enigmas like Oliver Wendell Holmes and Hugo Black. Much of the fragility of civil rights in America is due to the Supreme Court, but as this sweeping history also reminds us, the justices still have the power to make good on the countryÕs promise of equal rights for all.