Legal decisions continue to mystify: why was this person sentenced to 20 years in prison, but that person to just 10 years for the same crime? Why did one person sue for civil damages, but another let the matter drop? Legal rules are supposed to answer these questions, but their answers are radically incomplete. Wouldn’t it be wonderful to have a theory that predicted and explained legal decisions? Drawing on Donald Black’s theoretical ideas, Geometrical Justice: The Death Penalty in America addresses these issues, focusing specifi cally on who is sentenced to death and executed in the United States. The book explains why some murders are more serious than others and how the social characteristics of defendants, victims, and jurors aff ect case outcomes. Building on the most rigorous data in the field, the authors reveal wide discrepancies in capital punishment – why one person lives, but another person dies. Geometrical Justice will be of interest to those engaged in criminal justice, criminology, and socio- legal studies, as well as students taking courses on sentencing, corrections, and capital punishment.

Ernst Bloch was one of the most original and influential of contemporary European thinkers, leaving his mark in fields ranging from philosophy and social theory to aesthetics and theology. This book represents a unique attempt to reconcile the traditional oppositions of the natural law and social utopian traditions, providing basic insights into the meaning of human rights in a socialist society.

The U.S. death penalty is a peculiar institution, and a uniquely American one. Despite its comprehensive abolition elsewhere in the Western world, capital punishment continues in dozens of American states– a fact that is frequently discussed but rarely understood. The same puzzlement surrounds the peculiar form that American capital punishment now takes, with its uneven application, its seemingly endless delays, and the uncertainty of its ever being carried out in individual cases, none of which seem conducive to effective crime control or criminal justice. In a brilliantly provocative study, David Garland explains this tenacity and shows how death penalty practice has come to bear the distinctive hallmarks of America’s political institutions and cultural conflicts. America’s radical federalism and local democracy, as well as its legacy of violence and racism, account for our divergence from the rest of the West. Whereas the elites of other nations were able to impose nationwide abolition from above despite public objections, American elites are unable– and unwilling– to end a punishment that has the support of local majorities and a storied place in popular culture. In the course of hundreds of decisions, federal courts sought to rationalize and civilize an institution that too often resembled a lynching, producing layers of legal process but also delays and reversals. Yet the Supreme Court insists that the issue is to be decided by local political actors and public opinion. So the death penalty continues to respond to popular will, enhancing the power of criminal justice professionals, providing drama for the media, and bringing pleasure to a public audience who consumes its chilling tales. Garland brings a new clarity to our understanding of this peculiar institution– and a new challenge to supporters and opponents alike.

This volume brings together philosophers, social theorists, and theologians in order to investigate the relation between future(s) of the Revolution and future(s) of the Reformation. It offers reflections on concepts and interpretations of revolution and reformation that are relevant for the analysis of future-oriented political practices and political theologies of the present time.

Elizabeth and James, Sidney, Spenser, and Shakespeare, Bacon and Ellesmere, Perkins and Laud, Milton and Hobbes-this begins a list of early modern luminaries who write on 'equity'. In this study Mark Fortier addresses the concept of equity from early in the sixteenth century until 1660, drawing on the work of lawyers, jurists, politicians, kings and parliamentarians, theologians and divines, poets, dramatists, colonists and imperialists, radicals, royalists, and those who argue on gender issues. He examines how writers in all these groups make use of the word equity and its attendant notions. Equity, he argues, is a powerful concept in the period; he analyses how notions of equity play a prominent part in discourses that have or seek to have influence on major social conflicts and issues in early modern England. Fortier here maps the actual and extensive presence of equity in the intellectual life of early modern England. In so doing, he reveals how equity itself acts as an umbrella term for a wide array of ideas, which defeats any attempt to limit narrowly the meaning of the term. He argues instead that there is in early modern England a distinct and striking culture of equity characterized and strengthened by the diversity of its genealogy and its applications. This culture manifests itself, inter alia, in the following major ways: as a basic component, grounded in the old and new testaments, of a model for Christian society; as the justification for a justice system over and above the common law; as an imperative for royal prerogative; as a free ranging subject for poetry and drama; as a nascent grounding for broadly cast social justice; as a rallying cry for revolution and individual rights and freedoms. Working from an empirical account of the many meanings of equity over time, the author moves from a historical understanding of equity to a theorization of equity in its multiplicity. A profoundly literary study, this book also touches on matters of legal an

This short and accessible book provides a provocative re-assessment of the various tangled relationships between law and politics and in so doing examines legal and political thinking on such critical areas as justice,the state, constitutionalism and rights. It introduces lawyers especially to certain important themes in some of the key texts in political thought and introduces political scientists to the legal dimensions of a number of central themes of political studies. Written by one of the leading theorists in constitutional law, the book should prove to be an indispensable companion for any student or teacher interested in law and politics. Contents I. Law and Politics in the Conversation of Mankind II. Justice III. The State IV. Constitutionalism V. Conclusions

Opened up by the revival of Classical thought but riven by the violence of the Reformation and Counter Reformation, the terrain of Early Modern law was constantly shifting. The age of expansion saw unparalleled degrees of internal and external exploration and colonization, accompanied by the advance of science and the growing power of knowledge. A Cultural History of Law in the Early Modern Age, covering the period from 1500 to 1680, explores the war of jurisdictions and the slow and contested emergence of national legal traditions in continental Europe and in Britannia. Most particularly, the chapters examine the European quality of the Western legal traditions and seek to link the political project of Anglican common law, the mos britannicus, to its classical European language and context. Drawing upon a wealth of textual and visual sources, A Cultural History of Law in the Early Modern Age presents essays that examine key cultural case studies of the period on the themes of justice, constitution, codes, agreements, arguments, property and possession, wrongs, and the legal profession.

One of the fruits of the scientific revolution was the idea of a social science that would operate in ways comparable to the newly triumphant natural sciences. This text offers a historical perspective on the interactions between the social and natural sciences.

Natural Sciences and the Social Sciences contains a series of explorations of the different ways in which the social sciences have interacted with the natural sciences. Usually, such interactions are considered to go only `one way': from the natural to the social sciences. But there are several important essays in this volume which show how developments in the social sciences have affected the natural sciences - even the `hard' science of physics. Other essays deal with various types of interaction since the Scientific Revolution. In his general introductory chapter, Cohen sets some general themes concerning analogies and homologies and the use of metaphors, drawing specific examples from the use of concepts of physics by marginalist economists and of developments in the life sciences by organismic sociologists. The remaining chapters, which explore the different ways in which the social sciences and the natural sciences have actually interacted, are written by leaders in the field of history of science, drawn from a wide range of countries and disciplines. The book will be of great interest to all historians of science, philosophers interested in questions of methodology, economists and sociologists, and all social scientists concerned with the history of their subject and its foundations.