Trust in the Law


Book Description

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




Why People Obey the Law


Book Description

People obey the law if they believe it's legitimate, not because they fear punishment--this is the startling conclusion of Tom Tyler's classic study. Tyler suggests that lawmakers and law enforcers would do much better to make legal systems worthy of respect than to try to instill fear of punishment. He finds that people obey law primarily because they believe in respecting legitimate authority. In his fascinating new afterword, Tyler brings his book up to date by reporting on new research into the relative importance of legal legitimacy and deterrence, and reflects on changes in his own thinking since his book was first published.




Toms River


Book Description

WINNER OF THE PULITZER PRIZE • Winner of The New York Public Library’s Helen Bernstein Book Award • “A new classic of science reporting.”—The New York Times The riveting true story of a small town ravaged by industrial pollution, Toms River melds hard-hitting investigative reporting, a fascinating scientific detective story, and an unforgettable cast of characters into a sweeping narrative in the tradition of A Civil Action, The Emperor of All Maladies, and The Immortal Life of Henrietta Lacks. One of New Jersey’s seemingly innumerable quiet seaside towns, Toms River became the unlikely setting for a decades-long drama that culminated in 2001 with one of the largest legal settlements in the annals of toxic dumping. A town that would rather have been known for its Little League World Series champions ended up making history for an entirely different reason: a notorious cluster of childhood cancers scientifically linked to local air and water pollution. For years, large chemical companies had been using Toms River as their private dumping ground, burying tens of thousands of leaky drums in open pits and discharging billions of gallons of acid-laced wastewater into the town’s namesake river. In an astonishing feat of investigative reporting, prize-winning journalist Dan Fagin recounts the sixty-year saga of rampant pollution and inadequate oversight that made Toms River a cautionary example for fast-growing industrial towns from South Jersey to South China. He tells the stories of the pioneering scientists and physicians who first identified pollutants as a cause of cancer, and brings to life the everyday heroes in Toms River who struggled for justice: a young boy whose cherubic smile belied the fast-growing tumors that had decimated his body from birth; a nurse who fought to bring the alarming incidence of childhood cancers to the attention of authorities who didn’t want to listen; and a mother whose love for her stricken child transformed her into a tenacious advocate for change. A gripping human drama rooted in a centuries-old scientific quest, Toms River is a tale of dumpers at midnight and deceptions in broad daylight, of corporate avarice and government neglect, and of a few brave individuals who refused to keep silent until the truth was exposed. NAMED ONE OF THE BEST BOOKS OF THE YEAR BY NPR AND KIRKUS REVIEWS “A thrilling journey full of twists and turns, Toms River is essential reading for our times. Dan Fagin handles topics of great complexity with the dexterity of a scholar, the honesty of a journalist, and the dramatic skill of a novelist.”—Siddhartha Mukherjee, M.D., author of the Pulitzer Prize–winning The Emperor of All Maladies “A complex tale of powerful industry, local politics, water rights, epidemiology, public health and cancer in a gripping, page-turning environmental thriller.”—NPR “Unstoppable reading.”—The Philadelphia Inquirer “Meticulously researched and compellingly recounted . . . It’s every bit as important—and as well-written—as A Civil Action and The Immortal Life of Henrietta Lacks.”—The Star-Ledger “Fascinating . . . a gripping environmental thriller.”—Kirkus Reviews (starred review) “An honest, thoroughly researched, intelligently written book.”—Slate “[A] hard-hitting account . . . a triumph.”—Nature “Absorbing and thoughtful.”—USA Today




The Rule of Law


Book Description

'A gem of a book ... Inspiring and timely. Everyone should read it' Independent 'The Rule of Law' is a phrase much used but little examined. The idea of the rule of law as the foundation of modern states and civilisations has recently become even more talismanic than that of democracy, but what does it actually consist of? In this brilliant short book, Britain's former senior law lord, and one of the world's most acute legal minds, examines what the idea actually means. He makes clear that the rule of law is not an arid legal doctrine but is the foundation of a fair and just society, is a guarantee of responsible government, is an important contribution to economic growth and offers the best means yet devised for securing peace and co-operation. He briefly examines the historical origins of the rule, and then advances eight conditions which capture its essence as understood in western democracies today. He also discusses the strains imposed on the rule of law by the threat and experience of international terrorism. The book will be influential in many different fields and should become a key text for anyone interested in politics, society and the state of our world.




Law and Economics


Book Description

Provides students with a method for applying economic analysis to the study of legal rules and institutions. Four key areas of law are covered: property; contracts; torts; and crime and punishment. Added examples and cases help to clarify economic applications further.




Democracies and International Law


Book Description

Contrasts democratic and authoritarian approaches to international law, explaining how their interaction will affect the world in the future.




Southern Slavery and the Law, 1619-1860


Book Description

This volume is the first comprehensive history of the evolving relationship between American slavery and the law from colonial times to the Civil War. As Thomas Morris clearly shows, racial slavery came to the English colonies as an institution without strict legal definitions or guidelines. Specifically, he demonstrates that there was no coherent body of law that dealt solely with slaves. Instead, more general legal rules concerning inheritance, mortgages, and transfers of property coexisted with laws pertaining only to slaves. According to Morris, southern lawmakers and judges struggled to reconcile a social order based on slavery with existing English common law (or, in Louisiana, with continental civil law.) Because much was left to local interpretation, laws varied between and even within states. In addition, legal doctrine often differed from local practice. And, as Morris reveals, in the decades leading up to the Civil War, tensions mounted between the legal culture of racial slavery and the competing demands of capitalism and evangelical Christianity.




How to Save a Constitutional Democracy


Book Description

Democracies are in danger. Around the world, a rising wave of populist leaders threatens to erode the core structures of democratic self-rule. In the United States, the tenure of Donald Trump has seemed decisive turning point for many. What kind of president intimidates jurors, calls the news media the “enemy of the American people,” and seeks foreign assistance investigating domestic political rivals? Whatever one thinks of President Trump, many think the Constitution will safeguard us from lasting damage. But is that assumption justified? How to Save a Constitutional Democracy mounts an urgent argument that we can no longer afford to be complacent. Drawing on a rich array of other countries’ experiences with democratic backsliding, Tom Ginsburg and Aziz Z. Huq show how constitutional rules can both hinder and hasten the decline of democratic institutions. The checks and balances of the federal government, a robust civil society and media, and individual rights—such as those enshrined in the First Amendment—often fail as bulwarks against democratic decline. The sobering reality for the United States, Ginsburg and Huq contend, is that the Constitution’s design makes democratic erosion more, not less, likely. Its structural rigidity has had unforeseen consequence—leaving the presidency weakly regulated and empowering the Supreme Court conjure up doctrines that ultimately facilitate rather than inhibit rights violations. Even the bright spots in the Constitution—the First Amendment, for example—may have perverse consequences in the hands of a deft communicator who can degrade the public sphere by wielding hateful language banned in many other democracies. We—and the rest of the world—can do better. The authors conclude by laying out practical steps for how laws and constitutional design can play a more positive role in managing the risk of democratic decline.




Judicial Review in New Democracies


Book Description

New democracies around the world have adopted constitutional courts to oversee the operation of democratic politics. Where does judicial power come from, how does it develop in the early stages of democratic liberalization, and what political conditions support its expansion? This book answers these questions through an examination of three constitutional courts in Asia: Taiwan, Korea, and Mongolia. In a region that has traditionally viewed law as a tool of authoritarian rulers, constitutional courts in these three societies are becoming a real constraint on government. In contrast with conventional culturalist accounts, this book argues that the design and functioning of constitutional review are largely a function of politics and interests. Judicial review - the power of judges to rule an act of a legislature or national leader unconstitutional - is a solution to the problem of uncertainty in constitutional design. By providing insurance to prospective electoral losers, judicial review can facilitate democracy.