Law and the Web of Society

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Georgetown University Press, 31. jul. 2001 - 272 sider

From birth certificates and marriage licenses to food safety regulations and speed limits, law shapes nearly every moment of our lives. Ubiquitous and ambivalent, the law is charged with both maintaining social order and protecting individual freedom. In this book, Cynthia L. Cates and Wayne V. McIntosh explore this ambivalence and document the complex relationship between the web of law and everyday life.

They consider the forms and functions of the law, charting the American legal structure and judicial process, and explaining key legal roles. They then detail how it influences the development of individual identity and human relationships at every stage of our life cycle, from conception to the grave. The authors also use the word "web" in its technological sense, providing a section at the end of each chapter that directs students to relevant and useful Internet sites.

Written for upper-level undergraduate and graduate students in law and society courses, Law and the Web of Society contains original research that also makes it useful to scholars. In daring to ask difficult questions such as "When does life begin?" and "Where does law begin?" this book will stimulate thought and debate even as it presents practical answers.

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Innhold

Conclusions
102
Law on the Web
103
Law and the Beginning of Life Birth Infancy and Childhood
106
Infancy
113
Law and Childhood Health
114
Law and Education
117
Juvenile Justice in America
123
The Sundry Legal Benchmarks of Adulthood
125

Judicial Legitimacy
21
Conclusions
26
A Government of Laws and Not of Men The Ubiquitous Nature and Ambiguous Position of Law in American Culture
29
Foundations of the American Legal Paradox
30
Economic Culture
34
Scarcely Any ProblemThe Dominion of Laws in America
37
Ubiquity and Ambiguity at the Millennium
42
Law on the Web
43
In and Around the Web The Structures and Processes of Law
47
The Criminal and Civil Processes
56
Conclusion
66
Denizens of the Web Lawyers Judges Juries and Interest Groups
69
Judges
73
Juries
76
Interest Groups
78
Conclusion
81
Law and the Web of Life
83
Introduction
85
Law and Relationships
87
Family v the State
88
What Is a Family?
89
The Decision to Dissolve a Family
91
Breach of Promise to Marry
93
Intrafamily Litigation
94
To Procreate or Not to Procreate
97
SameSex Relationships
99
Abortion
100
Conclusion
126
Law on the Web
127
Law and Identity
129
Group Identity
144
Conclusion
149
Law on the Web
150
Law and the End of Life
152
Death and Dying
155
Ancient Concerns of Succession
165
Conclusion
167
Law and Political Economy
169
Community Relational Politics and the Founders Solutions
170
Law and Political Economy in the Nineteenth and Early Twentieth Centuries
171
Advocacy
175
Communication Community and Law
177
Communications Technology Politics and Law
179
Community Relational Distance and Political Economy
182
Conclusions
184
Law on the Web
186
Epilogue The Dominion of Laws in America
187
The Ambiguous Web
188
Notes
191
References
219
Cases Cited
230
Index
235
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Side 32 - If men were angels, no government would be necessary. If angels were to govern men, neither external nor internal controls on government would be necessary. In framing a government which is to be administered by men over men, the great difficulty lies in this: you must first enable the government to control the governed; and in the next place oblige it to control itself.
Side 35 - But the most common and durable source of factions, has been the various and unequal distribution of property. Those who hold, and those who are without property, have ever formed distinct interests in society.
Side 33 - Extend the sphere and you take in a greater variety of parties and interests; you make it less probable that a majority of the whole will have a common motive to invade the rights of other citizens; or if such a common motive exists, it will be more difficult for all who feel it to discover their own strength and to act in unison with each other.
Side 29 - I HEARTILY accept the motto, — "That government is best which governs least"; and I should like to see it acted up to more rapidly and systematically. Carried out, it finally amounts to this, which also I believe, — "That government is best which governs not at all"; and when men are prepared for it, that will be the kind of government which they will have.
Side 170 - The latent causes of faction are thus sown in the nature of man; and we see them everywhere brought into different degrees of activity, according to the different circumstances of civil society.
Side 202 - There may be narrower scope for operation of the presumption of constitutionality when legislation appears on its face to be within a specific prohibition of the Constitution, such as those of the first ten amendments, which are deemed equally specific when held to be embraced within the Fourteenth.
Side 209 - ... any false, scandalous and malicious writing or writings against the government of the United States, or either house of the Congress of the United States...
Side 33 - In the extended republic of the United States, and among the great variety of interests, parties and sects which it embraces, a coalition of a majority of the whole society could seldom take place on any other principles than those of justice and the general good...
Side 33 - Justice is the end of government. It is the end of civil society. It ever has been and ever will be pursued until it be obtained, or until liberty be lost in the pursuit.
Side 36 - It is not from the benevolence of the butcher, the brewer, or the baker that we expect our dinner, but from their regard to their own interest. We address ourselves, not to their humanity but to their self-love, and never talk to them of our own necessities but of their advantages.

Om forfatteren (2001)

Cynthia L. Cates is associate professor of political science at Towson University, where her teaching specialty is the law and includes a class in the law on-line. She is co-author, with Wayne V. McIntosh, of Judicial Entrepreneurship: The Role of the Judge in the Marketplace of Ideas (Greenwood Press, 1997).

Wayne V. McIntosh, associate professor and the director of undergraduate programs in the Department of Government and Politics at the University of Maryland, has published widely on the law. His other books include The Appeal of Civil Law: A Political Economic Analysis of Litigation (University of Illinois Press, 1990).

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