Author: Cass R. Sunstein
Publisher: Oxford University Press
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.
Author: Nadine Strossen
Publisher: Oxford University Press
Release Date: 2018-04-02
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.
Author: Jean Comaroff
Publisher: University of Chicago Press
Release Date: 2008-09-15
Genre: Social Science
Are postcolonies haunted more by criminal violence than other nation-states? The usual answer is yes. In Law and Disorder in the Postcolony, Jean and John Comaroff and a group of respected theorists show that the question is misplaced: that the predicament of postcolonies arises from their place in a world order dominated by new modes of governance, new sorts of empires, new species of wealth—an order that criminalizes poverty and race, entraps the “south” in relations of corruption, and displaces politics into the realms of the market, criminal economies, and the courts. As these essays make plain, however, there is another side to postcoloniality: while postcolonies live in states of endemic disorder, many of them fetishize the law, its ways and itsmeans. How is the coincidence of disorder with a fixation on legalities to be explained? Law and Disorder in the Postcolony addresses this question, entering into critical dialogue with such theorists as Benjamin, Agamben, and Bayart. In the process, it also demonstrates how postcolonies have become crucial sites for the production of contemporary theory, not least because they are harbingers of a global future under construction.
Author: Christian Erk
Publisher: Walter de Gruyter
Release Date: 2011-01-01
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.
Author: Christian Dahl
Publisher: transcript Verlag
Release Date: 2014-09
Genre: Political Science
»To Be Unfree« is a collection of essays investigating how political unfreedom has been and can be articulated within the republican tradition of political thought. The book combines a theoretical discussion of how freedom and its opposites have been conceptualized in the republican tradition with a broader perspective on this tradition's impact on the representation of unfreedom in Western literature and cultural history. It thus complicates our understanding of what it means to be unfree and unveils a series of distinctions which also shape our modern notions of freedom.
Author: Michel Foucault
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.
This book, part of a series, seeks to re-conceptualize Asian geographies; rather than a static East Asia core, this volume analyzes Asia's southern fringe, as symbolized in the trading group ASEAN and its role in Asia's evolving international relations. The contributors include many leading experts in the field, ensuring that this book will be the go-to text for students, scholars, and civil society decision makers exploring Asia's contemporary political spectrum in real time.
Author: Toni Marie Massaro
Publisher: Duke University Press Books
Release Date: 1993-12
Americans agree that education needs reforming in this country--but after that, agreement ceases. The forces of diversity square off against those pushing cultural unity. The call for a national curriculum clashes with a call to decentralize school authority. This book brings a measured voice and fresh perspective to the educational maelstrom. Considering the debate from the perspective of constitutional law, Toni Marie Massaro offers a remarkably fair and lucid account of both sides, of their historical antagonism, and of what is at stake in the contest over the soul of America's schools. At the same time, she moves to break through the current impasse by offering the first principles of a curriculum mindful of all concerns. Constitutional Literacy plumbs the most powerful arguments for and against national standards to reveal that these curricular battles reflect a broader, culture-wrenching struggle over whether official recognition of race, ethnicity, gender, religion, or other differences causes more hostility and divisiveness than tolerance. Central to both conflicts is the tension between our desire for a shared national culture--the melting pot ideal--and our fervent belief in our right to dissent. Thus, Massaro shows, the American constitutional commitment to equality, freedom of speech, and freedom of religion is intensely relevant to the curriculum controversy. Constitutional history and practice reveal a crucial paradox: What binds Americans is their common faith in the right to break away from cultural consensus. As such, a call to a national curriculum is inherently a call to conflict and dissent. Constitutional principles, past education reform efforts, multicultural critiques of American education, modern studies of students' knowledge of American history and government, and ten years of experience teaching law all come into play in Massaro's analysis, and she concludes that shoring up our store of shared knowledge is a proper national objective. But this common store, she insists, must reflect our cultural and ideological differences lest it distort the reality of American life, past and present. Massaro thus proposes that constitutional principles form the basis of a core curriculum for a multicultural nation. In a debate often characterized by polemics and polls, this eloquent book presses for a different, more nuanced and responsive public vocabulary about race, gender, ethnicity, sexual orientation, and religion. Constitutional literacy, as Massaro defines it here, may be a necessary first step toward this goal.
Author: President's Council on Bioethics (U.S.)
Publisher: Government Printing Office
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
Author: Stephen Jay Gould
Publisher: Random House
Release Date: 2011-12-31
Genre: Literary Collections
Completed shortly before his death, this is the last work of science from the most celebrated popular science writer in the world. In characteristic form, Gould weaves the ideas of some of Western society's greatest thinkers, from Bacon to Galileo to E. O. Wilson, with the uncelebrated ideas of lesser-known yet pivotal intellectuals. He uses their ides to undo an assumption born in the seventeenth century and continuing to this day, that science and the humanities stand in opposition. Gould uses the metaphor of the hedgehog - who goes after one thing at a measured pace, systematically investigating all; the fox - skilled at many things, intuitive and fast; and the magister's pox - a censure from the Catholic Church involved in Galileo's downfall: to illustrate the different ways of responding to knowledge - in a scientific, humanistic or fearful way. He argues that in fact each would benefit by borrowing from the other.
Author: Margaret S. Archer
Publisher: Cambridge University Press
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.
Author: Scott Wallace Cameron
Publisher: Brigham Young University Press
Release Date: 2009-01-01
Genre: Christian ethics
This collection of 30 essays covers living a moral and ethical life as a lawyer and Christian, following the example of J. Reuben Clark, Jr. The mission and history of the BYU Law School is also addressed.
Author: R. Célestin
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.
Offering a study in the history of ideas, of design and architecture, and of cultural politics, this book converges on the issues of globalisation. It explores the development of international laws of intellectual property, ideas of design pedagogy, and competing philosophies of aesthetics.