To Promote the General Welfare: A Communitarian Legal Reader
David E. Carney
Lexington Books, 1999 - Political Science - 324 pages
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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Tort Law and Communitarianism Where Rights Meet Responsibilities
Communitarianism and Corporate Law
Contractual Community The Economic Analysis of Marriage and Divorce
In Search of a Communitarian Justice Alternative Youth Crime and the Sanctioning Response As a Case Study
Community Justice Equal Justice and Jury Nullification
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