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Articles 1 - 3 of 3
Full-Text Articles in Social and Behavioral Sciences
The Prospects For Change: The Question Of Justice In A Law & Society Framework, Michael W. Raphael
The Prospects For Change: The Question Of Justice In A Law & Society Framework, Michael W. Raphael
Graduate Student Publications and Research
What is the law and society framework and where has it gotten us? A student in a classroom might raise their hand and offer "understanding legal pluralism" as a possible answer. However, the conceptual problem with legal pluralism is the coexistence of potentially conflicting bases of justification. Given this, desiring to understand how the law shapes the structural underpinnings of whichever "legal" phenomena and its "ongoing transformation", is nevertheless an immense achievement that stops short of its underlying goal – the achievement of human dignity through human rights. For example, to talk about 'multi-stakeholder consultations' and other pithy phrases that …
"They Have Sold The Clouds": Queering Indigenous Politics In Colombia, Taylor O. Ramsey
"They Have Sold The Clouds": Queering Indigenous Politics In Colombia, Taylor O. Ramsey
Dissertations, Theses, and Capstone Projects
In a study of Colombian politics, I use a queer theoretical lens to explore the relationship between the state and two specific indigenous groups from Northern Colombia to better understand the state and power relations embedded in it. I look for queer temporalities, spaces, and nonnormative practices that arise out of how the law interrogates and interacts with indigenous people using a queer theoretical lens as a critical methodology. I argue that the Colombian state's interactions with indigenous groups create queer spaces/conceptual borders, particularly with regard to law and the state's ability to biopolitically regulate its citizens. It is within …
Richard A. Posner: A Study In Judicial Entrepreneurship, Sean J. Shannon
Richard A. Posner: A Study In Judicial Entrepreneurship, Sean J. Shannon
Dissertations, Theses, and Capstone Projects
This dissertation analyzes the role of Richard Posner, one of the most prolific and innovative legal thinkers over the past forty years, as a judicial entrepreneur in his efforts to persuade the legal academy and judiciary to incorporate economic principles into the judicial decision making process in market and non-market areas of the law and legal discourse and thereby to re-examine the role of the judge. Though political scientists have explored the entrepreneurial activities of policy makers and political actors, they have given little attention to the role of judges as judicial entrepreneurs. This dissertation develops a comprehensive theoretical understanding …