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Using Dr. Seuss to Teach Social Process, Conflict, and Labeling Theory Angela D
Marshall University Marshall Digital Scholar Criminal Justice Faculty Research Criminal Justice 1-1-2005 Horton the elephant is a criminal: Using Dr. Seuss to teach social process, conflict, and labeling theory Angela D. Crews Marshall University, [email protected] Follow this and additional works at: http://mds.marshall.edu/criminal_justice_faculty Part of the Social Control, Law, Crime, and Deviance Commons, and the Teacher Education and Professional Development Commons Recommended Citation West, A. D. (2005). Horton the elephant is a criminal: Using Dr. Seuss to teach social process, conflict, and labeling theory. Journal of Criminal Justice Education, 16(2), 340-358. This Article is brought to you for free and open access by the Criminal Justice at Marshall Digital Scholar. It has been accepted for inclusion in Criminal Justice Faculty Research by an authorized administrator of Marshall Digital Scholar. For more information, please contact [email protected]. Horton the Elephant is a Criminal: Using Dr. Seuss to Teach Social Process, Conflict, and Labeling Theory Angela D. West, Ph.D. Assistant Professor University of Louisville Department of Justice Administration Brigman Hall 2nd Floor Louisville, KY 40292 Phone: (502) 852-0377 Fax: (502) 852-0065 [email protected] *A version of this paper was presented to the American Society of Criminology, Denver, Colorado (November 2003) Abstract It is fairly well known that Theodore Geisel (“Dr. Seuss”) often used art and storytelling as political and social commentary, no one has attempted to interpret his work through the lens of sociological/criminological theory. This paper argues that several of his tales can be used as aids in teaching the basic principles of many sociological/criminological theories. -
Rights As Signals
RIGHTS AS SIGNALS DANIEL A. FARBER* ABSTRACT Because rights operate as trumps over normal governmental interests, they have an inherent cost. Consequently, by entrenching protection for human rights, govern- ments can signal a willingness to give up power in the short term to obtain long- term benefits. Investors can infer from this that the government has a low discount rate and is less likely to pose a threat of expropriation. Similarly, when courts vig- orously enforce human rights, they dramatize their judicial independence, which is valuable to investors, who themselves may have no interest in human rights. Thus, human rights enforcement may help encourage investment and thereby indirectly foster economic growth. I. INTRODUCTION CAN developing countries afford human rights and the rule of law? Perhaps not, according to Richard Posner. Posner advises poorer countries against "creating a first-class judiciary or an extensive system of civil liberties."' Although he is by no means opposed to judicial independence and human rights, he argues that they should largely await economic growth.2 From this point of view, the dramatic recent expansion of constitutionalism is a bit perplexing, if not a mistake. Posner's argument can be challenged on several grounds. Although he minimizes the importance of an independent judiciary to development,' the current consensus among economists is apparently to the contrary.' Some * McKnight Presidential Professor of Public Law, Henry J. Fletcher Professor of Law, and Associate Dean for Faculty and Research, University of Minnesota. Thanks to Jim Chen, David McGowan, Eric Posner, and Tom Ulen for helpful comments. 'Richard A. Posner, Creating a Legal Framework for Economic Development, 13 World Bank Research Observer 1, 9 (1998). -
Fictional Reality and the Portrayal of Justice in Modern Sociology and Contemporary Novels
Free Inquiry In Creative Sociology Volume 34 NO.2 November 2006 133 FICTIONAL REALITY AND THE PORTRAYAL OF JUSTICE IN MODERN SOCIOLOGY AND CONTEMPORARY NOVELS Ralph G. O'Sullivan, Chillicothe, IL ABSTRACT Social justice is a popular subject of discussion in sociology, politics, jurisprudence, as well as popular novels. The outcomes of its proceedings are equally curious because that which is "'just" depends upon such variables as defining the direction that justice needs to take; allocating authority to enforce it; and public reaction to its consequences. This article represents a layered investigative journey into the portrayal of justice in nine popular series novels because its fictional enactment represents the way that the population would like to see it enforced, but does not. Since the body of the material reviewed here are works of fiction which incorporate known data a new expression is offered. Fictional reality refers to the ways in which novelists weave fair knowledge about modern justice into stories which please their audiences, and this article explores the means by which that melding occurs. "You want justice done, you got to get it search for truth that the author shares" writes yourself. " Jeff Rovin (2005 233), author of books in a (James Lee Burke, In the Moon of Red Tom Clancy-created series. Ponies) James Lee Burke created the series of books featuring Deputy Sheriff Dave Robi ''That's what the notion of 'justice' was all cheaux (1987-2003, 2005, 2006) and the about anyway: settling up." shorter series about Billy Bob Holland from (Sue Grafton, A is for Alibi) which the above statement was taken; Sue Grafton wrote the best-selling "Alphabet" "I don't think Barbara Daggett gave a crime books starring private detective Kinsey damn about seeing justice done, what Milhone (1983-2005); and Nora Roberts cre ever that consists of." ated many stories whose genres are difficult (Sue Grafton, D is for Deadbeat) to classify. -
Valuing Modern Contract Scholarship
Responses Valuing Modern Contract Scholarship Ian Ayrest I. INTRODUCTION Eric Posner has written a thoughtful and provocative indictment of the modem economic analysis of contracts. His essay makes two central claims1 about the failings of scholars "to produce an 'economic theory.' Specifically, Posner claims that the economic approach "does not explain the current system of contract law" and that it does not "provide a solid basis for criticizing and reforming contract law."2 In other words, Posner claims that modem scholarship fails as either a descriptive or a normative theory, in that it fails to give an account of what current law is or what efficient law should be. The descriptive criticism deserves only brief comment. Although he claims that modem scholarship has failed to achieve "what its proponents set out as the measure of success, ' 3 Posner sadly distorts reality by claiming that the leading scholars have been engaged in an attempt to use economic theory to predict the content of current legal rules. This is a straw man. Of course, decades ago this was the project of Richard Posner. 4 But the thought that efficiency analysis would provide a mechanism to predict the details of current doctrine is a serious misreading of the aims of modem scholarship. t William K. Townsend Professor, Yale Law School, [email protected]. Alan Schwartz provided helpful comments. 1. Eric A. Posner, Economic Analysis of Contract Law After Three Decades: Success or Failure?,112 YALE L.J. 829, 830 (2003). 2. Id. 3. Id.at 879; see also id, at 831 ("[Tjhe original aspiration[] of the economic analysis of contract law [was] to provide an explanation of existing legal rules ...."). -
THE INFLUENCE of Two DECADES of CONTRACT LAW SCHOLARSHIP on JUDICIAL RULINGS: an EMPIRICAL ANALYSIS
SMU Law Review Volume 57 Issue 1 Article 5 2004 The Influence of woT Decades of Contract Law Scholarship on Judicial Rulings: An Empirical Analysis Gregory S. Crespi Southern Methodist University, Dedman School of Law, [email protected] Follow this and additional works at: https://scholar.smu.edu/smulr Part of the Law Commons Recommended Citation Gregory S. Crespi, The Influence of woT Decades of Contract Law Scholarship on Judicial Rulings: An Empirical Analysis, 57 SMU L. REV. 105 (2004) https://scholar.smu.edu/smulr/vol57/iss1/5 This Article is brought to you for free and open access by the Law Journals at SMU Scholar. It has been accepted for inclusion in SMU Law Review by an authorized administrator of SMU Scholar. For more information, please visit http://digitalrepository.smu.edu. THE INFLUENCE OF Two DECADES OF CONTRACT LAW SCHOLARSHIP ON JUDICIAL RULINGS: AN EMPIRICAL ANALYSIS Gregory Scott Crespi* I. INTRODUCTION VER the last two decades, a substantial and diverse body of con- tract law scholarship has been produced. Some of this work lim- its itself to applying traditional doctrinal categories and analytical approaches to new problems, while some also engages in eco- nomic analysis of various legal regimes, and some is empirical as well as analytical in nature. Much of this work is of a rather theoretical and ab- stract character. Consequently, one wonders whether this literature has had any discernable impact upon judicial practice, particularly in light of the declarations made by both prominent jurists and leading practitioners that most current legal scholarship has very limited relevance for attor- neys and judges,' and given recent studies that suggest declining rates of 2 citation of law review articles in judicial opinions. -
The Cyclical Nature of Moral Entrepreneurship
East Tennessee State University Digital Commons @ East Tennessee State University Electronic Theses and Dissertations Student Works 5-2001 The yC clical Nature of Moral Entrepreneurship. Yvonne L. Wolf East Tennessee State University Follow this and additional works at: https://dc.etsu.edu/etd Part of the Liberal Studies Commons Recommended Citation Wolf, Yvonne L., "The yC clical Nature of Moral Entrepreneurship." (2001). Electronic Theses and Dissertations. Paper 127. https://dc.etsu.edu/etd/127 This Thesis - Open Access is brought to you for free and open access by the Student Works at Digital Commons @ East Tennessee State University. It has been accepted for inclusion in Electronic Theses and Dissertations by an authorized administrator of Digital Commons @ East Tennessee State University. For more information, please contact [email protected]. The Cyclical Nature of Moral Entrepreneurship A thesis presented to the faculty of the Master of Liberal Studies Program East Tennessee State University In partial fulfillment of the requirements for the degree Master of Arts in Liberal Studies by Yvonne L. Wolf May 2001 Dr. Martha Copp, Chair Dr. Robert Leger Dr. John Whitehead Keywords: Moral Entrepreneurship, Rhetoric, Drug Wars, Discrimination, Racial Prejudice ABSTRACT The Cyclical Nature of Moral Entrepreneurship by Yvonne L. Wolf The primary focus of this study was to determine how “moral entrepreneurs” were able to convince the American public to support their anti-drug crusades. The methodology section consisted of information gathered from primary and secondary sources, and described why these sources were used. Harry Anslinger and Richard Nixon were used as models to demonstrate how a cycle of moral entrepreneurship existed throughout the twentieth century. -
LEAVING CUSTOMARY INTERNATIONAL LAW WHERE IT Is: GOLDSMITH and POSNER's the LIMITS of INTERNATIONAL LAW
LEAVING CUSTOMARY INTERNATIONAL LAW WHERE IT Is: GOLDSMITH AND POSNER'S THE LIMITS OF INTERNATIONAL LAW David M. Golove* TABLE OF CONTENTS I. INTRODUCTION ......................................... 334 II. THE THEORETICAL FRAMEWORK ............................ 336 A. Self-Interested States? ................................ 337 B. The Supposed Weakness of Customary InternationalLaw ..... 343 Im. EMPIRICAL METHODOLOGY: GOLDSMITH AND POSNER' S APPROACH TO HISTORY ....................................347 IV. CUSTOMARY INTERNATIONAL LAW AND THE CIVIL WAR ........ 350 V. CONCLUSION ........................................... 377 * The Hiller Family Foundation Professor of Law, New York University School of Law. For helpful comments, the author is indebted to Eyal Benvenisti, John Ferejohn, Thomas Franck, Barry Friedman, Clay Gillette, Dan Hulsebosch, Stephen Holmes, Lewis Kornhauser, Mattias Kumm, Daryl Levinson, Susan Lewis, Rick Pildes, and all of the participants in the symposium. This Essay was presented at a symposium on The Limits of InternationalLaw, University of Georgia Law School, October 28-29, 2005. GA. J. INT'L & COMP. L. [Vol. 34:333 I. INTRODUCrION International legal scholarship has long suffered from too much normative theorizing and too little positive analysis about how the international legal system actually works. This inattention to the empirical and descriptive has alienated international legal scholars from their colleagues in political science departments and lent much of international law scholarship an utopian air. Whatever the historical source of this state of affairs, however, it is rapidly fading. A new generation of scholars, steeped in a variety of social scientific methodologies, has turned its sights on international law and is actively employing positive theories of state behavior to enhance legal analyses. These scholars have also begun to undertake empirical studies in an effort to provide support for their theoretical claims. -
Economic Analysis of Contract Law After Three Decades: Success Or Failure? Eric A
University of Chicago Law School Chicago Unbound Coase-Sandor Working Paper Series in Law and Coase-Sandor Institute for Law and Economics Economics 2002 Economic Analysis of Contract Law after Three Decades: Success or Failure? Eric A. Posner Follow this and additional works at: https://chicagounbound.uchicago.edu/law_and_economics Part of the Law Commons Recommended Citation Eric Posner, "Economic Analysis of Contract Law after Three Decades: Success or Failure?" (John M. Olin Program in Law and Economics Working Paper No. 146, 2002). This Working Paper is brought to you for free and open access by the Coase-Sandor Institute for Law and Economics at Chicago Unbound. It has been accepted for inclusion in Coase-Sandor Working Paper Series in Law and Economics by an authorized administrator of Chicago Unbound. For more information, please contact [email protected]. CHICAGO JOHN M. OLIN LAW & ECONOMICS WORKING PAPER NO. 146 (2D SERIES) Economic Analysis of Contract Law after Three Decades: Success or Failure? Eric A. Posner THE LAW SCHOOL THE UNIVERSITY OF CHICAGO This paper can be downloaded without charge at: The Chicago Working Paper Series Index: http://www.law.uchicago.edu/Lawecon/index.html The Social Science Research Network Electronic Paper Collection: http://ssrn.com/abstract_id=304977 Economic Analysis of Contract Law After Three Decades: Success or Failure? Eric A. Posner1 Abstract: Law and economics has failed to produce plausible descriptive theories of contract doctrines. This paper documents these failures and suggests that they are due to a methodological problem involving the concept of transaction costs. If transaction costs refer to writing or information costs, then rational individuals would agree to complex contracts that are not in fact observed, and contract law would, for the most part, have no other function than that of specifically enforcing contracts. -
The Problematics of Moral and Legal Theory
University of Chicago Law School Chicago Unbound Journal Articles Faculty Scholarship 1998 The Problematics of Moral and Legal Theory Richard A. Posner Follow this and additional works at: https://chicagounbound.uchicago.edu/journal_articles Part of the Law Commons Recommended Citation Richard A. Posner, "The Problematics of Moral and Legal Theory," 111 Harvard Law Review 1637 (1998). This Article is brought to you for free and open access by the Faculty Scholarship at Chicago Unbound. It has been accepted for inclusion in Journal Articles by an authorized administrator of Chicago Unbound. For more information, please contact [email protected]. VOLUME 111 MAY 1998 NUMBER 7 1HARVARD LAW REVIEW1 '997 OLIVER WENDELL HOLMES LECTURES THE PROBLEMATICS OF MORAL AND LEGAL THEORY Richard A. Posner TABLE OF CONTENTS I. THE Lminrs OF MORAL THEORIZING ........................................................................... 638 A. The Thesis of PartI Summarized............................................................................. 638 B. My Moral Stance ......................................................................................................... 1642 x. Moral Relativism ................................................................................................ 1642 2. Moral Subjectivism ............................................................................................ 1643 3. Moral Skepticism ............................................................................................... 1643 4. Emotivism .......................................................................................................... -
We Are All Entrepreneurs Now
Columbia Law School Scholarship Archive Faculty Scholarship Faculty Publications 2007 We Are All Entrepreneurs Now David Pozen Columbia Law School, [email protected] Follow this and additional works at: https://scholarship.law.columbia.edu/faculty_scholarship Part of the Business Organizations Law Commons, and the Law and Society Commons Recommended Citation David Pozen, We Are All Entrepreneurs Now, WAKE FOREST LAW REVIEW, VOL. 43, P. 283, 2008 (2007). Available at: https://scholarship.law.columbia.edu/faculty_scholarship/1508 This Working Paper is brought to you for free and open access by the Faculty Publications at Scholarship Archive. It has been accepted for inclusion in Faculty Scholarship by an authorized administrator of Scholarship Archive. For more information, please contact [email protected]. W08-POZEN.V2 3/19/2008 4:02:30 PM WE ARE ALL ENTREPRENEURS NOW David E. Pozen* A funny thing happened to the entrepreneur in legal, business, and social science scholarship. She strayed from her capitalist roots, took on more and more functions that have little to do with starting or running a business, and became wildly popular in the process. Nowadays, “social entrepreneurs” tackle civic problems through innovative methods, “policy entrepreneurs” promote new forms of government action, “norm entrepreneurs” seek to change the way society thinks or behaves, and “moral entrepreneurs” try to alter the boundaries of duty or compassion. “Ethnification entrepreneurs,” “polarization entrepreneurs,” and other newfangled spinoffs pursue more discrete objectives. Entrepreneurial rhetoric has never been so trendy or so plastic. This Article documents the proliferation of entrepreneurs in the American academic idiom, and it offers some reflections on the causes and consequences of this trend. -
Book Review Rationalism and Revisionism in International Law
BOOK REVIEW RATIONALISM AND REVISIONISM IN INTERNATIONAL LAW THE LIMITS OF INTERNATIONAL LAW. By Jack L. Goldsmith and Eric A. Posner. New York: Oxford University Press. 2005. Pp. 262. $29.95. Reviewed by Oona A. Hathaway*and Ariel N. Lavinbuk** INTRODUCTION International law has moved from the periphery to the center of public debate in the course of only a few short years. The ever- quickening globalization of politics, culture, and economics has prompted new efforts to find global solutions to global problems. In- ternational law now touches an astonishing array of activities. It gov- erns everything from the goods and services that cross state borders and the greenhouse gases that industries and consumers produce, to the circumstances that justify intervention in humanitarian disasters and the treatment afforded suspected terrorists. Of increasingly urgent concern, then, is whether all of this law actually makes much of a difference. Legal scholars have traditionally argued that it does. They have, for the most part, portrayed international law as a powerful and much-needed external limit on states' pursuit of their own short-term interests. Over the last half decade, however, Professors Jack Gold- smith and Eric Posner have aspired to revolutionize policymaking and scholarship by arguing precisely the opposite - an argument now pre- sented fully in The Limits of InternationalLaw. In their view, interna- tional law does not check self-interest but instead "emerges from states acting rationally to maximize their interests, given their perceptions of the interests of other states and the distribution of state power" (p. 3). * Associate Professor of Law, Yale Law School; Carnegie Scholar 2004. -
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