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Judicial Policy Making in the U.S. Courts of Appeals
Until President Jimmy Carter launched an effort to diversify the lower federal courts, the U.S. courts of appeals had been composed almost entirely of white males. But by 2008, over a quarter of sitting judges were women and 15 percent were African American or Hispanic. Underlying the argument made by administration officials for a diverse federal judiciary has been the expectation that the presence of women and minorities will ensure that the policy of the courts will reflect the experiences of a diverse population. Yet until now, scholarly studies have offered only limited support for the expectation that judges’ race, ethnicity, or gender impacts their decision making on the bench. In Diversity Matters, Susan B. Haire and Laura P. Moyer employ innovative new methods of analysis to offer a fresh examination of the effects of diversity on the many facets of decision making in the federal appellate courts.
Drawing on oral histories and data on appellate decisions through 2008, the authors’ analyses demonstrate that diversity on the bench affects not only individual judges’ choices but also the overall character and quality of judicial deliberation and decisions. Looking forward, the authors anticipate the ways in which these process effects will become more pronounced as a result of the highly diverse Obama appointment cohort.
Human Rights and Its Violence
Municipal Politics and the Struggle for Civil Rights in Montgomery, Birmingham, and Selma
Drift and Mastery, originally published in 1914, is one of the most important and influential documents of the Progressive Movement, a valuable text for understanding the political thought of early twentieth-century America. This paperback edition of Walter Lippmann's classic work includes a revised introduction by William E. Leuchtenburg that places the book in its historical and political contexts.
In his first book, A Preface to Politics, Lippmann was sharply critical of traditionalism in favor of creativity—so much so that he was accused of anti-intellectualism. In Drift and Mastery, he corrected this imbalance, exploring the tensions between expansion and consolidation, traditionalism an progressivism, emotion and rationality. He wrote to convince readers that they could balance these tensions: they could be organized, efficient, and functional without sacrificing impulse, choice, fantasy, or liberty. Mastery is attainable, Lippmann argued, but scientific endeavor is driven by human curiosity and creativity—an argument in favor of science as both a method as both a method for discovering the truth and a means of wish fulfillment through diligent attention to facts.
Drift and Mastery is both a telling product of its times and a lucid exploration of timeless themes in American government and politics. It will continue to serve new generations of scholars and students in American intellectual history, mass communications, and political science.
Drawing on the evidence of anthropology as well as ancient literature and inscriptions, Gagarin examines the emergence of law in Greece from the 8th through the 6th centuries B.C., that is, from the oral culture of Homer and Hesiod to the written enactment of codes of law in most major cities.
Althusius on Community and Federalism
Who was Althusius, and why is the work of a seventeenth- century political theorist important in modern times?
Johannes Althusius (1557-1638) was a political theorist and a combative city politician who defended the rights of small communities against territorial absolutism. He designed a system of politics in which sovereignty would be shared and jointly exercised by a plurality of collectivities, spatial as well as social, on the basis of mutual consent and social solidarity.
Early Modern Concepts for a Late Modern World places Althusius in the context of his times and explains the main features of his political thought. It also suggests, perhaps most significantly, why his theories continue to resonate today. Hueglin’s use of sources is thorough and scrupulous. He has worked in depth in Germanic scholarship and this access to German-language sources, some of which are almost unknown to the English-speaking world, provides a new interpretation of Althusius’ theory.
With its emphasis on pluralized governance, negotiated compromise instead of majority rule, and the inclusion of the economic sphere into the political, Althusius’ theory belongs to a countertradition in Western political thought. Although it was written at the beginning of the modern age of sovereign politics, it applies to today’s search for a post-sovereign system of politics.
Human Rights and Democracy in East Asia
Is liberal democracy a universal ideal? Proponents of "Asian values" argue that it is a distinctive product of the Western experience and that Western powers shouldn't try to push human rights and democracy onto Asian states. Liberal democrats in the West typically counter by questioning the motives of Asian critics, arguing that Asian leaders are merely trying to rationalize human-rights violations and authoritarian rule. In this book--written as a dialogue between an American democrat named Demo and three East Asian critics--Daniel A. Bell attempts to chart a middle ground between the extremes of the international debate on human rights and democracy.
Bell criticizes the use of "Asian values" to justify oppression, but also draws on East Asian cultural traditions and contributions by contemporary intellectuals in East Asia to identify some powerful challenges to Western-style liberal democracy. In the first part of the book, Bell makes use of colorful stories and examples to show that there is a need to take into account East Asian perspectives on human rights and democracy. The second part--a fictitious dialogue between Demo and Asian senior statesman Lee Kuan Yew--examines the pros and cons of implementing Western-style democracy in Singapore. The third part of the book is an argument for an as-yet-unrealized Confucian political institution that justifiably differs from Western-style liberal democracy.
This is a thought-provoking defense of distinctively East Asian challenges to Western-style liberal democracy that will stimulate interest and debate among students of political theory, Asian studies, and international human rights.
The Perils of Food Politics
Debates about obesity are really about the meaning of responsibility. The trend toward local foods reflects the changing nature of space due to new communication technologies. Vegetarian theory capitalizes on biotechnology’s challenge to the meaning of species. And food politics, as this book makes powerfully clear, is actually about the political anxieties surrounding globalization.
In Eating Anxiety, Chad Lavin argues that our culture’s obsession with diet, obesity, meat, and local foods enacts ideological and biopolitical responses to perceived threats to both individual and national sovereignty. Using the occasion of eating to examine assumptions about identity, objectivity, and sovereignty that underwrite so much political order, Lavin explains how food functions to help structure popular and philosophical understandings of the world and the place of humans within it. He introduces the concept of digestive subjectivity and shows how this offers valuable resources for rethinking cherished political ideals surrounding knowledge, democracy, and power.
Exploring discourses of food politics, Eating Anxiety links the concerns of food—especially issues of sustainability, public health, and inequality—to the evolution of the world order and the possibilities for democratic rule. It forces us to question the significance of consumerist politics and—simultaneously—the relationship between politics and ethics, public and private.