Constitutional Personae

Author: Cass R. Sunstein
Publisher: Oxford University Press
ISBN: 9780190222697
Release Date: 2015-09-07
Genre: Political Science

Since America's founding, the U.S. Supreme Court had issued a vast number of decisions on a staggeringly wide variety of subjects. And hundreds of judges have occupied the bench. Yet as Cass R. Sunstein, the eminent legal scholar and bestselling co-author of Nudge, points out, almost every one of the Justices fits into a very small number of types regardless of ideology: the hero, the soldier, the minimalist, and the mute. Heroes are willing to invoke the Constitution to invalidate state laws, federal legislation, and prior Court decisions. They loudly embrace first principles and are prone to flair, employing dramatic language to fundamentally reshape the law. Soldiers, on the other hand, are skeptical of judicial power, and typically defer to decisions made by the political branches. Minimalists favor small steps and only incremental change. They worry that bold reversals of long-established traditions may be counterproductive, producing a backlash that only leads to another reversal. Mutes would rather say nothing at all about the big constitutional issues, and instead tend to decide cases on narrow grounds or keep controversial cases out of the Court altogether by denying standing. As Sunstein shows, many of the most important constitutional debates are in fact contests between the four Personae. Whether the issue involves slavery, gender equality, same-sex marriage, executive power, surveillance, or freedom of speech, debates have turned on choices made among the four Personae--choices that derive as much from psychology as constitutional theory. Sunstein himself defends a form of minimalism, arguing that it is the best approach in a self-governing society of free people. More broadly, he casts a genuinely novel light on longstanding disputes over the proper way to interpret the constitution, demonstrating that behind virtually every decision and beneath all of the abstract theory lurk the four Personae. By emphasizing the centrality of character types, Sunstein forces us to rethink everything we know about how the Supreme Court works.

HATE

Author: Nadine Strossen
Publisher: Oxford University Press
ISBN: 9780190859145
Release Date: 2018-04-02
Genre: Law

HATE dispels misunderstandings plaguing our perennial debates about "hate speech vs. free speech," showing that the First Amendment approach promotes free speech and democracy, equality, and societal harmony. We hear too many incorrect assertions that "hate speech" -- which has no generally accepted definition -- is either absolutely unprotected or absolutely protected from censorship. Rather, U.S. law allows government to punish hateful or discriminatory speech in specific contexts when it directly causes imminent serious harm. Yet, government may not punish such speech solely because its message is disfavored, disturbing, or vaguely feared to possibly contribute to some future harm. When U.S. officials formerly wielded such broad censorship power, they suppressed dissident speech, including equal rights advocacy. Likewise, current politicians have attacked Black Lives Matter protests as "hate speech." "Hate speech" censorship proponents stress the potential harms such speech might further: discrimination, violence, and psychic injuries. However, there has been little analysis of whether censorship effectively counters the feared injuries. Citing evidence from many countries, this book shows that "hate speech" laws are at best ineffective and at worst counterproductive. Their inevitably vague terms invest enforcing officials with broad discretion, and predictably, regular targets are minority views and speakers. Therefore, prominent social justice advocates in the U.S. and beyond maintain that the best way to resist hate and promote equality is not censorship, but rather, vigorous "counterspeech" and activism.

Cosmic Constitutional Theory

Author: J. Harvie Wilkinson
Publisher: OUP USA
ISBN: 9780199846016
Release Date: 2012-03-12
Genre: Law

What underlies this development? In this concise and highly engaging work, Federal Appeals Court Judge and noted author (From Brown to Bakke) J. Harvie Wilkinson argues that America's most brilliant legal minds have launched a set of cosmic constitutional theories that, for all their value, are undermining self-governance.

Health Rights and Dignity

Author: Christian Erk
Publisher: Walter de Gruyter
ISBN: 9783110319712
Release Date: 2011-01-01
Genre: Philosophy

The idea that there is such a thing as a human right to health has become pervasive. It has not only been acknowledged by a variety of international law documents and thus entered the political realm but is also defended in academic circles. Yet, despite its prominence the human right to health remains something of a mystery - especially with respect to its philosophical underpinnings. Addressing this unfortunate and intellectually dangerous insufficiency, this book critically assesses the stipulation that health is a human right which - as international law holds - derives from the inherent dignity of the human person. Scrutinising the concepts underlying this stipulation (health, rights, dignity), it shall conclude that such right cannot be upheld from a philosophical perspective.

Making our Way through the World

Author: Margaret S. Archer
Publisher: Cambridge University Press
ISBN: 1139464965
Release Date: 2007-06-14
Genre: Social Science

How do we reflect upon ourselves and our concerns in relation to society, and vice versa? Human reflexivity works through 'internal conversations' using language, but also emotions, sensations and images. Most people acknowledge this 'inner-dialogue' and can report upon it. However, little research has been conducted on 'internal conversations' and how they mediate between our ultimate concerns and the social contexts we confront. In this book, Margaret Archer argues that reflexivity is progressively replacing routine action in late modernity, shaping how ordinary people make their way through the world. Using interviewees' life and work histories, she shows how 'internal conversations' guide the occupations people seek, keep or quit; their stances towards structural constraints and enablements; and their resulting patterns of social mobility.

Politics Philosophy Culture

Author: Michel Foucault
Publisher: Routledge
ISBN: 9781134976294
Release Date: 2013-07-04
Genre: Social Science

Politics, Philosophy, Culture contains a rich selection of interviews and other writings by the late Michel Foucault. Drawing upon his revolutionary concept of power as well as his critique of the institutions that organize social life, Foucault discusses literature, music, and the power of art while also examining concrete issues such as the Left in contemporary France, the social security system, the penal system, homosexuality, madness, and the Iranian Revolution.

Human Dignity and Bioethics

Author: President's Council on Bioethics (U.S.)
Publisher: Government Printing Office
ISBN: 0160800714
Release Date: 2008
Genre: Business & Economics

NOTE: NO FURTHER DISCOUNT FOR THIS PRINT PRODUCT--OVERSTOCK SALE -- Significantly reduced list price while supplies last Contains a collection of essays exploring human dignity and bioethics, a concept crucial to today's discourse in law and ethics in general and in bioethics in particular. This publication gives some examples of how human dignity can be a difficult concept to apply in bioethical controversies, explores some of the complex roots of the modern notion of human dignity, in order to shed light on why its application to bioethics is so problematic, and suggests, tentatively, that a certain conception of human dignity--dignity understood as humanity-- has an important role to play in bioethics, both now and especially in the future. Related products: Ethics and Code of Conduct resources collection can be found here: https://bookstore.gpo.gov/catalog/laws-regulations/ethics-code-conduct

Tactical Biopolitics

Author: Beatriz Da Costa
Publisher: MIT Press
ISBN: 9780262514910
Release Date: 2010-08-13
Genre: Art

Scientists, scholars, and artists consider the political significance of recent advances in the biological sciences.

Beyond French Feminisms

Author: R. Célestin
Publisher: Springer
ISBN: 9781137095145
Release Date: 2016-04-30
Genre: Social Science

This volume, a collection of essays by a number of high-profile personalities working in philosophy, literature, sociology, cinema, theatre, journalism, and politics, covers a number a of recent and crucial developments in the field of French Feminisms that have made a reassessment necessary. Beyond French Feminisms proposes to answer the question: what is new in French Feminism at the beginning of the twenty-first century? The essays reflect the shift from the theoretical and philosophical approaches that characterized feminism twenty years ago, to the more social and political questions of today. Topics include: the 'parité' and PACS debates, the France-USA dialogue, the 'multicultural' issues, and the new trends in literature and film by women.

The Public Domain

Author: James Boyle
Publisher: Yale University Press
ISBN: 9780300137408
Release Date: 2008
Genre: Law

Argues that all members of the society should understand intellectual property law and that the public domain, where materials can be shared for free and without permission, is essential to innovation, free speech, creativity and culture.

Radicals in Robes

Author: Cass R. Sunstein
Publisher: Basic Books
ISBN: 0786734892
Release Date: 2009-04-28
Genre: Law

Praised as a must-have primer during the Roberts and Alito hearings, Radicals in Robes offers a rigorous yet accessible analysis of what’s at stake in the judiciary choices made during these warring days of the Warren/Rehnquist legacy. Radicals in Robes pulls away the veil of rhetoric from a dangerous and radical movement and issues a strong and passionate warning about what conservatives really intend.

Zen and the Art of Making a Living

Author: Laurence G. Boldt
Publisher: Penguin
ISBN: 1101202688
Release Date: 1999-05-01
Genre: Business & Economics

The most innovative, unconventional, and profoundly practical career guide available?newly revised and updated With today?s economic uncertainties, millions of Americans realize they must seize control over their own career paths. They want work that not only pays the bills but also allows them to pursue their real passions. In this revised edition, Laurence Boldt updates and revises his revolutionary guide to meet the challenges of the twenty-first century workplace. The first part of this book helps readers to identify the work that they really want to do, while the second provides practical, active steps to finding or creating that work. Zen and the Art of Making a Living goes beyond inspiration, providing a proven formula for bringing creativity, dignity, and meaning to every aspect of the work experience.

Eight Technologies of Otherness

Author: Dr Sue Golding
Publisher: Routledge
ISBN: 9781134758913
Release Date: 2013-05-13
Genre: Art

The Eight Technologies of Otherness is a bold and provocative re-thinking of identities, politics, philosophy, ethics, and cultural practices. In this groundbreaking text, old essentialism and binary divides collapse under the weight of a new and impatient necessity. Consider Sue Golding's eight technologies: curiosity, noise, cruelty, appetite, skin, nomadism, contamination, and dwelling. But why only eight technologies? And why these eight, in particular? Included are thirty-three artists, philosophers, filmmakers, writers, photographers, political militants, and 'pulp-theory' practitioners whose work (or life) has contributed to the re-thinking of 'otherness,' to which this book bears witness, throw out a few clues.

A Christian Theology of Place

Author: John Inge
Publisher: Routledge
ISBN: 9781351962773
Release Date: 2017-03-02
Genre: Religion

The place in which we stand is often taken for granted and ignored in our increasingly mobile society. Differentiating between place and space, this book argues that place has very much more influence upon human experience than is generally recognised and that this lack of recognition, and all that results from it, are dehumanising. John Inge presents a rediscovery of the importance of place, drawing on the resources of the Bible and the Christian tradition to demonstrate how Christian theology should take place seriously. A renewed understanding of the importance of place from a theological perspective has much to offer in working against the dehumanising effects of the loss of place. Community and places each build the identity of the other; this book offers important insights in a world in which the effects of globalisation continue to erode people's rootedness and experience of place.

History of Greek Cinema

Author: Vrasidas Karalis
Publisher: A&C Black
ISBN: 9781441194473
Release Date: 2012-02-02
Genre: Performing Arts

The book is a detailed historical survey of Greek cinema from its very beginning (1905) until today (2010).