A full account of the Metaphysical Club, featuring the members' philosophical writings and four critical essays.The Metaphysical Club, a gathering of intellectuals in the 1870s, is widely recognized as the crucible where pragmatism, America's distinctively original philosophy, was refined and proclaimed. Louis Menand's bestseller about the group was a dramatic publishing success. However, only three actual members-Oliver Wendell Holmes Jr., Charles S. Peirce, and W...

What are the implications of philosophical pragmatism for international relations theory and foreign policy practice? According to John Ryder, “a foreign policy built on pragmatist principles is neither naïve nor dangerous. In fact, it is very much what both the U.S. and the world are currently in need of.” Close observers of Barack Obama’s foreign policy statements have also raised the possibility of a distinctly pragmatist approach to international relations. Absent from the three domina...

The historic election of Barack Obama to the presidency of the United States had a significant impact on both America and the world at large. By voting an African American into the highest office, those who elected Obama did not necessarily look past race, but rather didn’t let race prevent them for casting their ballots in his favor. In addition to reflecting the changing political climate, Obama’s presidency also spurred a cultural shift, notably in music, television, and film.In...

The Supreme Court is seen today as the ultimate arbiter of the Constitution. Once the Court has spoken, it is the duty of the citizens and their elected officials to abide by its decisions. But the conception of the Supreme Court as the final interpreter of constitutional law took hold only relatively recently. Drawing on the pragmatic ideals characterized by Charles Sanders Peirce, John Dewey, Charles Sabel, and Richard Posner. Brian E. Butler shows how this conception is inherently probl...

Foreword by Randy E. BarnettIn 2012, the United States Supreme Court became the center of the political world. In a dramatic and unexpected 5-4 decision, Chief Justice John Roberts voted on narrow grounds to save the Affordable Care Act, commonly known as Obamacare. Unprecedented tells the inside story of how the challenge to Obamacare raced across all three branches of government, and narrowly avoided a constitutional collision between the Supreme Court a...

This is a reprint of Anthony Ogus' classic study of regulation,first published in the 1990s. It examines how, since the last decades of the twentieth century there have been fundamental changes in the relationship between the state and industry. With the aid of economic theory Anthony Ogus critically examines the ways in which public law has been adapted to the task of regulating industrial activity and provides a systematic overview of the theory and forms of social and economic regulatio...

This is a comprehensive guide to challenging decisions of criminal courts and public bodies in the criminal justice system using judicial review. Written by a team of criminal and public law practitioners, it considers claims for judicial review arising in the criminal justice system, which now represent a distinct area of public law. These claims are set apart by special considerations and rules; for example, on the limits of the High Court's jurisdiction or the availability of relief dur...

The critical importance of interpretation to the enterprise of constitutional adjudication has been highlighted recently by several cases out of the Commonwealth Caribbean. In Reading Text and Polity, noted law Professor Simeon McIntosh contends that hermeneutics – the art of interpretation – is central to how Caribbean constitutions are read and in turn, is a fundamental political act defining not only individuals, but communities.   In this collection of essays, McIntosh argues that...

Routledge Q&As give you the tools to practice and refine your exam technique, showing you how to apply your knowledge to maximum effect in an exam situation. Each book contains up to fifty essay and problem-based questions on the most commonly examined topics, complete with expert guidance and fully worked model answers.These books provide you with the skills you need for your exams by:Helping you to be prepared: each title in the series has an int...

A significant part of the world's population lives under some sort of federal arrangement. And yet, the concepts of federalism and federation remain under-theorised. Federalist theorists have, for the most part, defined their object by opposition to the unitary state. As a result, they have not developed public law theories that capture the specificity of this type of polity.Bringing together contributions from leading public law theorists and intellectual historians, this volume e...

Since the 1980s, political scientists have developed a renewed interest in the study of political institutions, based on the assumption that "institutions matter" -that is, that formal governmental institutions and constitutional-legal rules (as well as informal institutions like parties and interest groups) are crucial determinants of the shape of politics and policy outcomes. In this respect, the "new institutionalism" resembles the "old institutionalism" of pre-behaviorist days, but the...

Does an offender have the right to be punished? "The right to be punished" may sound like an oxymoron, but it is not necessarily so. With the emergence of modern criminal law, the offender gained the right to be punished by rational criminal law rather than being lynched by an angry mob. The present-day offender may have the right to be punished by doctrinal sentencing rather than being subjected to verdicts based on vague, unclear, and uncertain principles. In m...