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Showing papers on "Economic Justice published in 1969"


Book ChapterDOI
01 Jan 1969

702 citations


Book
01 Jan 1969
TL;DR: The 40th anniversary edition of The Child Savers as discussed by the authors was published by the University of California, San Diego, USA, with an introductory essay by Miroslava Chavez-Garcia, critically examining how Platt's influential study has impacted many of the central arguments social scientists and historians face.
Abstract: "The Child Savers deeply influenced me and dozens of other feminist scholars who have studied social policy critically. This reissue is remarkable in allowing us to rethink it, and nowhere more valuable than in Tony Platt's own thoughtful reconsideration."- Linda Gordon, professor of history, New York University "The Child Savers, at forty, is a classic. Accompanied by lively contributions that reflect on its impact and outline recent research, this new edition will ensure that the book lives on, its message always challenging, its relevance undiminished."- Hugh Cunningham, emeritus professor of social history, University of Kent "The Child Savers is a classic, and the updated edition is even more relevant today; a must for the informed public and the perceptive student."- Jock Young, Distinguished Professor of Criminal Justice, Graduate Center, City University of New York and John Jay College "Platt's brilliant inquiry into the oxymoron of juvenile justice demands again that we upend our ritualized system of punishing, containing, and crushing our defiant young." -Bernardine Dohrn, Northwestern University School of Law Hailed as a definitive analytical and historical study of the juvenile justice system, this 40th anniversary edition of The Child Savers features a new essay by Anthony M. Platt that highlights recent directions in the field, as well as a critique of his original text. This expanded edition includes insightful commentaries from cross-disciplinary academics, along with an introductory essay by Miroslava Chavez-Garcia, critically examining how Platt's influential study has impacted many of the central arguments social scientists and historians face today. Anthony M. Platt is a professor emeritus at California State University, Sacramento. He is the author of several books on American history, social policy, and race relations. A volume in the Critical Issues in Crime and Society series, edited by Raymond J. Michalowski

467 citations


Journal ArticleDOI
TL;DR: The present debate over the new economic history, with its emphasis on the use of models and of econometric techniques, is an example as mentioned in this paper, and the question whether economic theory becomes less valid as we move further from the modern economy.
Abstract: Historians in their consideration of theory have to concern themselves not only with "theories of history," but also with the theory of the other social sciences. Social scientists perhaps hope that one day they may be able to announce that dum Romae consulitur, Saguntum expugnatum est. This article is in the nature of a "report from Saguntum." Economics, being the most "scientific" of the social sciences, the most ready to formulate laws, is particularly apt to provoke conflict. The present debate over the "new economic history," with its emphasis on the use of models and of econometric techniques, is an example. Those who accuse "Cliometrics" of dehumanizing history are in fact asking whether economic laws are valid for all periods and types of society. The new economic historians claim, with some justice, that they have not introduced economic laws and methods of inference into history, but only questioned some hypotheses which already implicitly relied on them. But their methods in any case have brought into prominence the question of the range of the deductions from economic theory possible at any point in time, and the question whether economic theory becomes less valid as we move further from the modern economy.'

121 citations




Book
01 Jan 1969

49 citations


Book
01 Jan 1969
TL;DR: The A bortion Decision as discussed by the authors is a seminal work in the area of legal analysis of abortion in modern society, and it is a discerning analysis of the moral, social, and legal aspects of the problem of abortion.
Abstract: The A bortion Decision. By David Granfield. New York: Doubleday and Co., Inc. 1969. Pp. 231. $5.95. A discerning analysis of the moral, social, and legal aspects of the problem of abortion in modern society. A mortization of IntangiblesGeneral Rules. By Lee F. Holdmann. General rules in the area of amortization of intangibles. The Angolan Revolution. By John Marcum. Massachusetts: The MIT Press. 1969. Pp. 380. $12.50. An account of the rebellion of Portugal's African colony, which is still in progress. Behind the Shield: The Police in Urban Society. By Arthur Niederhoffer. New York: Doubleday and Co., Inc. 1967. Pp. 263. $1.45. A study by an expoliceman analyzing the personality, self-image, and politics of the urban officer. The Bill of Rights. By Marjorie Fribourg. New York: The Hearst Corp. 1967. Pp. 301. $.95. Cardozo and Frontiers of Legal Thinking. By Beryl H. Levy. Cleveland: The Press of Case Western Reserve University. x969. Pp. 335. $9.95. An illumination between law and philosophy. Changing the Family. By Warren M. Brodey. New York: Clarkson N. Potter, Inc. 1968. Pp. 151. $6.00. A new form of psychotherapy to change the entire family for the better. Civil Rights and Civil Liberties. By Bernard Ludwig. New York: Washington Square Press, Inc. 1968. Pp. 191. $.75. A provocative study of the current struggle for freedom of expression, equality and justice.

39 citations


Journal ArticleDOI
TL;DR: In this paper, the United States Supreme Court rendered, in In re Gault,1 its first decision in the area of juvenile delinquency procedure, which was interpreted as requiring juvenile courts to adopt new and more liberal practices.
Abstract: ON MAY 15, 1967 the United States Supreme Court rendered, in In re Gault,1 its first decision in the area of juvenile delinquency procedure. Commentators have repeatedly construed the rulings in Gault as requiring juvenile courts to adopt new and more liberal practices. The privilege against self-incrimination, and the rights to notice of charges, counsel, confrontation, and cross-examination were heretofore primarily regarded as the cornerstones of an adversary system of justice. The

37 citations


Book ChapterDOI
01 Jan 1969
TL;DR: The common law is the byproduct of an administrative triumph, the way in which the government of England came to be centralized and specialized during the centuries after the conquest as discussed by the authors, and the materials of the common law were the customs of true communities whose geographical boundaries had divided peoples and cultures in some cases, and not just areas of governmental authority.
Abstract: This chapter focuses on the institutional background of justice. The common law is the by-product of an administrative triumph, the way in which the government of England came to be centralized and specialized during the centuries after the conquest. The materials of the common law, therefore, were the customs of true communities whose geographical boundaries had divided peoples and cultures in some cases, and not just areas of governmental authority. Courts were the governing bodies of their communities, dealing with all their public business. After the conquest, as before it, the primary government of England was through counties and hundreds. The geographical subdivisions of counties, most often known as hundreds and obscure in origin, also had their courts.

22 citations



Journal ArticleDOI
TL;DR: The big switch: Justice Roberts and the minimum-wage cases as discussed by the authors, 1969, Vol. 10, No. 1, pp. 44-73, was a seminal moment in the history of labor history.
Abstract: (1969). The big switch: Justice Roberts and the minimum‐wage cases. Labor History: Vol. 10, No. 1, pp. 44-73.

Journal ArticleDOI
TL;DR: Proudhon as discussed by the authors argued that justice is the summary of all of his works, from the strange, totally secular interpretation of the meaning of the Sabbath in 1839 to the severe but sympathetic evaluation of the political capacity of the working classes in 1864.
Abstract: VER SINCE Plato launched political science, justice and authority have been its two leading concepts. In his analysis, as in that of most writers, the problem has been that of just authority, or of an authoritative justice. A very few writers have separated the two concepts, or subordinated one to the other. Machiavelli, for example, clearly did not have a very significant place for justice in his estimate of the political process. In quite radical contrast, the anarchists of the nineteenth century despised authority but honored justice. They assumed that justice could subsist without authority, indeed, only without authority. Among those who held this position, Pierre-Joseph Proudhon (1809-1865) is undoubtedly preeminent as theoretician, and in a day when authority is more seriously challenged and condemned than ever before his thought deserves consideration. "Justice is the summary of my discourse," Proudhon declared in 1840,1 and no phrase could more accurately catch the thrust and intent of all of his works, from the strange, totally secular interpretation of the meaning of the Sabbath in 1839 to the severe but sympathetic evaluation of the political capacity of the working classes in 1864. And although he meant at the time primarily that he was asking for the end of privilege, rather than providing a system of social reform, justice was never to Proudhon merely the abolition of privileges. He had just insisted that his criticism of property as theft could serve as "the preamble to our future constitution," and a few pages later announced that justice "is the guiding star of societies, the axis on which the political world turns, and the standard of all transactions."2 As his thought developed, he came to see it even as "the fundamental law of the universe."3 Simultaneously force and idea, principle of all order and measure of all good, justice is at the center of all of Proudhon's thought his criticisms of contemporary social life, his theories of knowledge, history, and society, and his proposals for reform. Proudhon was convinced that mankind had always sought justice, and to some degree known it. "What is Justice if not the sovereign essence that humanity has in all times adored under the name of God," and that philosophy has sought under diverse names, from the Idea of Plato to the Rights of Man and the Citizen of the Revolution?4 Furthermore, as one would expect given Proudhon's pragmatic and experiential perspective, these products of human reflection are not unrelated to the facts of social life. In his First Memoire, taking note that man is an animal living in society, he asked, "What are the conditions, the laws, of human society?

Journal ArticleDOI
TL;DR: The Congregational churches of Massachusetts during the provincial and early constitutional periods formed a system that has often been described as an "establishment." The description, while not altogether accurate, is useful if it is understood that the individual congregations were largely autonomous, that they were bound to no articles of faith by the civil authority, and that they formed only insofar as they shared a common historical espousal of Calvinist theology and a general acceptance of the Cambridge Platform.
Abstract: T t HE Congregational churches of Massachusetts during the provincial and early constitutional periods formed a system that has often been described as an "establishment." The description, while not altogether accurate, is useful if it is understood that the individual congregations were largely autonomous, that they were bound to no articles of faith by the civil authority, and that they formed a system only insofar as they shared a common historical espousal of Calvinist theology and a general acceptance of the Cambridge Platform. Of those factors only the Platform, adopted by the old Bay Colony and continuing a shadowy common-law existence under the provincial government, carried any weight in law, but since it was concerned solely with matters of church polity it was only a subsidiary factor in the maintenance of an establishment.' Whatever official status the churches enjoyed was derived primarily from an actof i692 requiring every town in the province to support by taxation of the inhabitants a system of public worship and an "able, learned orthodox minister" who, after his election at a special town meeting, became "the minister of such town." Town and church did not thereby become identical bodies, but they formed what Chief Justice Lemuel Shaw many years later described as a "dual corporation."3 The church was the ecclesiastical arm of the town, clothed

Journal ArticleDOI
TL;DR: In this paper, it is shown that enforcement of legal rights through litigation can significantly improve the situation of the poor, without substantial reservations and qualifications, and this conclusion has immediate policy significance in the operation of the Legal Services Program.
Abstract: An important assumption underlying the Office of Economic Opportunity (OEO) Legal Services Program is that enforcement of legal rights through litigation can significantly improve the situation of the poor. The assumption seems valid on commonsense grounds, since it is evident that litigation can improve the situation of an individual client, rich or poor, for restitution or redress is after all the essential objective of a lawsuit; it would seem equally evident that the same proposition would hold for the poor as a group. The analysis here suggests that this is not true without substantial reservations and qualifications. If sound, this conclusion has immediate policy significance in the operation of the Legal Services Program. The objectives of the Legal Services Program (LSP) have never been officially stated in very coherent terms. The Economic Opportunity Act of 1964 creating OEO did not explicitly authorize a program of legal services;' the renewal legislation ratified LSP without explaining it.2 The diverse supporters of LSP, ranaina from the organized bar to







Journal ArticleDOI
TL;DR: With the Justice Department prodding the FCC to curtail cross-media ownership combinations in single markets, the author examines earlier challenges to publishers holding broadcast licenses as mentioned in this paper, and concludes that these challenges were not justified.
Abstract: With the Justice Department prodding the FCC to curtail cross-media ownership combinations in single markets, the author examines earlier challenges to publishers holding broadcast licenses.

Journal ArticleDOI
TL;DR: In this paper, the authors consider how courts will be able to evaluate oral histories in the future, if such key features of oral histories are to be discarded, in the sense that they are "tangential to the ultimate purpose of the fact-finding process at trial."
Abstract: The Supreme Court of Canada's recent decision in Delgamuukw v. B.C. permits a reconsideration of the place of oral traditions in aboriginal land claims cases. The Court advises that oral histories be given "independent weight," and that at trial McEachern C.J. had not "assessed the oral histories correctly. " However, the Supreme Court of Canada's view of how to weigh oral history in testimony is troublesome, in that then-Chief Justice Lamer informs us that such key features of oral histories as "moral obligations " are "tangential to the ultimate purpose of the fact-finding process at trial — the determination of the historical truth." This article considers how courts will be able to evaluate oral histories in the future, if such key features of testimony are to be discarded.



Journal ArticleDOI
TL;DR: The differences in goals, means and settings that have affected United States policy toward participation in and cooperation with regional organizations have been the cause of serious debate in the past and are becoming so again as we approach the 1970's.
Abstract: Regionalism has a long history as an important instrument of American foreign policy. Yet such a statement does not do justice to the variations in goals, means, and settings that have affected United States policy toward participation in and cooperation with regional organizations. These differences have been the cause of serious debate in the past and are becoming so again as we approach the 1970's.




Journal ArticleDOI
TL;DR: In this article, the authors examine the ethical obligations of the legal profession in using expert evidence and propose a "tripartite framework" to address the use of expert evidence: by strengthening professional codes of conduct to address ethical obligations in using experts; by emphasizing lawyers' obligations to improve the justice system; and by clarifying the criteria for admitting expert evidence.
Abstract: The author examines the ethical obligations of the legal profession in using expert evidence. The author surveys developments in Canadian and U.S. jurisprudence, procedural and substantive issues, and law reform initiatives on the admissibility and use of expert evidence in civil and criminal litigation. She proposes a "tripartite framework" to address the use of expert evidence: by strengthening professional codes of conduct to address ethical obligations in using experts; by emphasizing lawyers' obligations to improve the justice system; and by clarifying the criteria for admitting expert evidence.