To Promote the General Welfare

To Promote the General Welfare : A Communitarian Legal Reader

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The essays collected in To Promote the General Welfare explore communitarianism, which examines the balance between rights and responsibilities, the need for a common good, and the need for diversity within unity. In the book ten preeminent scholars explore nine areas of the law-civil, criminal, constitutional-to explicate how a communitarian worldview might change or interpret the existing law. For example, Philip Selznick sketches a picture of communitarian justice in its broad terms. Robert Ackerman argues that tort liability needs to be expanded in some areas and contracted in others to effectuate a more communitarian tort regime. Akhil Reed Amar and Alan Hirsch offer a communitarian reading of the Second Amendment and related parts of the Constitution, challenging Supreme Court precedent on issues that spring from the Second Amendment. Milton Regan challenges recent law-and-economics approach to marriage and divorce, and counters with the need to assess relationships as shared experiences, not merely consumerist interactions.
And Gordon Bazemore breathes new life into the crime-control debate by suggesting a communitarian approach to American criminal justice, an approach that emphasizes community justice and restorative justice. These thoughtful analyses along with the others included in To Promote the General Welfare comprise a must-read for anyone interested in the law and social policy.
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Product details

  • Hardback | 352 pages
  • 158 x 230 x 24mm | 557.93g
  • Lexington Books
  • Lanham, MD, United States
  • English
  • 0739100327
  • 9780739100325

About David E. Carney

David E. Carney is a 1999 graduate of the College of William and Mary School of Law. He is the coeditor, with Amitai Etzioni, of Repentance: A Comparative Study (Rowman & Littlefield, 1997).
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Table of contents

chapter 1 Introduction Part 2 Communitarian Jurisprudence chapter 3 Communitarian Jurisprudence Part 4 Civil Law chapter 5 Tort Law and Communitarianism: Where Rights Meet Responsibilities chapter 6 Communitarianism and Corporate Law chapter 7 Contractual Community: The Analysis of Maggiage and Divorce chapter 8 America's Military: Of, By, and For the People chapter 9 Federalism and the Problem of Political Subcommunities Part 10 Criminal Law InSearch of a Communitarian Justice Alternative: Youth Crime and the Sanctioning Response As a Case Study Chapter 11 Community Justice, Equal Justice, and Jury Nullification Chapter 12 Constitutional Law Chapter 13 Dependence, Emancipation, and the Harm That May Reach Chapter 14 America's Military: Of, by, and for the People Chapter 15 Federalism and the Problem of Political Subcommunities
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Review quote

This legal reader provides a broad and in-depth introduction to the history, theories, tenets and applications of communitarian jurisprudence. The reader's strength lies in the depth and scope of the articles. The individual articles are well written and the reader is well organized. The Law and Politics Book Review
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