In this masterful choreography of legal philosophy, legal history, and comparative law, Alan Watson draws from ancient Roman, English, and French law to assess how lawmakers fail to envision ways to provide society with laws geared toward precise political or social goals.
Learn about the current issues affecting lead paint, asbestos, and Chinese drywall litigation cases with this book. Written from both the plaintiff and defense perspective, the guide offers advice on defending a case and a state-by-state summary for comparison and the future of each of these unique litigation issues. It also includes strategies for the defense when trying a case and identifies issues that often arise or should be considered when prosecuting.
This study is the first to show how state courts enabled the mass expulsion of Native Americans from their southern homelands in the 1830s. Our understanding of that infamous period, argues Tim Alan Garrison, is too often molded around the towering personalities of the Indian removal debate, including President Andrew Jackson, Cherokee leader John Ross, and United States Supreme Court Justice John Marshall. This common view minimizes the impact on Indian sovereignty of some little-known legal cases at the state level. Because the federal government upheld Native American self-dominion, southerners bent on expropriating Indian land sought a legal toehold through state supreme court decisions. As Garrison discusses Georgia v. Tassels (1830), Caldwell v. Alabama (1831), Tennessee v. Forman (1835), and other cases, he shows how proremoval partisans exploited regional sympathies. By casting removal as a states' rights, rather than a moral, issue, they won the wide support of a land-hungry southern populace. The disastrous consequences to Cherokees, Creeks, Choctaws, Chickasaws, and Seminoles are still unfolding. Important in its own right, jurisprudence on Indian matters in the antebellum South also complements the legal corpus on slavery. Readers will gain a broader perspective on the racial views of the southern legal elite, and on the logical inconsistencies of southern law and politics in the conceptual period of the anti-Indian and proslavery ideologies.
This original and provocative book is concerned with fundamental questions in moral, political, and legal philosophy. It challenges both supporters and sceptics alike to rethink their ideas about human rights. The author explains that human life is not the same everywhere, noting that there are different traditions of culture and civilization. He argues that an adequate idea of human rights must take such a diversity seriously, and unlike the UN Declaration, it must not presuppose Western institutions and values. This theory of human rights developed by Milne deals systematically with the philosophical issues it raises. He shows that human rights can only be a minimum standard, not a panacea for the troubles of humanity. And that this significance, although modest, should not be underrated.
This book traces both authoritatively and analytically, the development of the ideas relating to the modern conceptualized understanding of the notions of Democracy and Capitalism.
An excellent introduction to judicial politics as a method of analysis, the eighth edition of Judicial Process and Judicial Policymaking focuses on policy in the judicial process. Rather than limiting the text to coverage of the U.S. Supreme Court, G. Alan Tarr examines the judiciary as the third branch of government, and weaves four major premises throughout the text: (1) Courts in the United States have always played an important role in governing and their role has increased in recent decades; (2) Judicial policymaking is a distinctive activity; (3) Courts make policy in a variety of ways; and (4) Courts may be the objects of public policy, as well as creators. New to the Eighth Edition Discusses appointments by Presidents Donald Trump and Joseph Biden to the federal courts, including the confirmations of Gorsuch, Kavanaugh, Coney Barrett, and Jackson to the Supreme Court Introduces the controversy of the Supreme Court’s “shadow docket” Analyzes the legal and political aftermath of the Dobbs v. Jackson Women’s Health Organization overruling Roe v. Wade Examines other key state and federal rulings on non-unanimous verdicts in criminal cases, gerrymandering, climate change, and separation between church and state
Let us . . . nominate this the most important theoretical work on ethical or moral theory since John Rawls's Theory of Justice. If you have philosophical inclinations and want a good workout, this conscientious scrutiny of moral assumptions and expressions will be most rewarding. Donagan explores ways of acting in the Hebrew-Christian context, examines them in the light of natural law and rational theories, and proposes that formal patterns for conduct can emerge. All this is tightly reasoned, the argument is packed, but the language is clear."—Christian Century "The man value of this book seems to me to be that it shows the force of the Hebrew-Christian moral tradition in the hands of a creative philosopher. Throughout the book, one cannot but feel that a serious philosopher is trying to come to terms with his religious-moral background and to defend it against the prevailing secular utilitarian position which seems to dominate academic philosophy."—Bernard Gert, Journal of Medicine and Philosophy
Following on from the earlier edited collection, Loss of Control and Diminished Responbility, this book is the first volume in the Substantive Issues in Criminal Law series. It serves as a leading point of reference in the area relating to participation in crime and identifies the need for a consistent approach to the doctrinal and theoretical underpinnings of complicity liability. With a section on the UK analysing points of current interest, the book also has a large comparative section dealing with foreign jurisdictions and examines on the basis of a unified research grid how different legal systems treat core issues of participation in the context of criminal law. This book is a valuable reference resource for those in the criminal justice community in the UK and abroad and for academics, the judiciary and policy-makers.
This book provides a leading point of reference in the field of partial defences to murder and with respect to the mental condition defences of loss of control and diminished responsibility in general. The work includes contributions from leading specialists from different jurisdictions. Divided into two parts, the first provides an analysis from the perspective of the UK, looking at particular concerns such as domestic violence, revenge and mixed motive killings, mistaken beliefs. The second part presents a comparative and international view to provide a wider background of how alternative systems treat issues of human frailty short of full insanity (loss of control, diminished responsibility) in the context of the criminal law.
Redfern and Hunter on International Arbitration is an established treatise on the law and practice of international arbitration, the pre-eminent method for the peaceful resolution of disputes in international trade, investment, and commerce. This book serves as an introduction, following the chronology of an arbitration from the drafting of the arbitration agreement right through to the enforcement of the arbitral award. Written by an author team with extensive experience as counsel and abitrators, the book has been read and cited by international lawyers, arbitrators, and judges, and has become a key learning text for teachers, students, and potential arbitrators in colleges and universities across the world. The seventh edition has been significantly revised to incorporate the latest significant developments in the field, includling changes in investor state dispute resolution, leading court decisions on arbitration matters in a wider number of jurisdictions, changes in the 'soft law' of leading international arbitral institutions and of the International Bar Association, and the impact of the COVID-19 pandemic on the practice of international arbitration. This shorter, paperback edition does not include the appendices.
A noted legal scholar examines the source of human rights, arguing that rights are the result of particular experiences with injustice and looking at the implications in terms of the right to privacy, voting rights, and other rights.
Detective Dave and his crime-solving mother return to take on the religious establishment out West, as Mom traces the connection between a small-time preacher's murder, some shady real estate promoters, the High Episcopal Church, and assorted fanatics
This book of oral tales from the south Indian region of Kannada represents the culmination of a lifetime of research by A. K. Ramanujan, one of the most revered scholars and writers of his time. The result of over three decades' labor, this long-awaited collection makes available for the first time a wealth of folktales from a region that has not yet been adequately represented in world literature. Ramanujan's skill as a translator, his graceful writing style, and his profound love and understanding of the subject enrich the tales that he collected, translated, and interpreted. With a written literature recorded from about 800 A.D., Kannada is rich in mythology, devotional and secular poetry, and more recently novels and plays. Ramanujan, born in Mysore in 1929, had an intimate knowledge of the language. In the 1950s, when working as a college lecturer, he began collecting these tales from everyone he could--servants, aunts, schoolteachers, children, carpenters, tailors. In 1970 he began translating and interpreting the tales, a project that absorbed him for the next three decades. When Ramanujan died in 1993, the translations were complete and he had written notes for about half of the tales. With its unsentimental sympathies, its laughter, and its delightfully vivid sense of detail, the collection stands as a significant and moving monument to Ramanujan's memory as a scholar and writer.
Understanding the Political Philosophers is an absorbing and accessible introduction to the major philosophers and core texts of western political philosophy. Organised historically - beginning with Socrates and Plato, and concluding with post-Rawlsian theory - Alan Haworth presents the key ideas and developments with clarity and depth. Each chapter provides a concentrated study of a given thinker or group of thinkers and together they constitute a broad account of the main arguments in political philosophy. There are chapters on Socrates, Plato, Aristotle, Hobbes, Locke, Rousseau, the Utilitarians, Marx, and Rawls’s early work. This revised second edition has been brought fully up-to-date, and includes expanded coverage of the period from the death of Aristotle to the sixteenth century, as well as a new chapter on Rawls’s later philosophy and the direction of post-Rawlsian philosophy. Including a chronology and suggestions for further reading, Understanding the Political Philosophers is an ideal introductory text for students taking courses in political philosophy or political theory.
Sustainable Corporations offers synthesized readings from law, management, philosophy, psychology, sociology, even biology – written by academics, journalists, business people, poets, bloggers, scientists, even religious leaders. The book focuses on the elusive “sustainable corporation” and is designed for an upper-level course sequenced after the basic Corporations course. Features of this Edition: Unlike many law texts, the book is meant to be absorbed in a sequential swoop as the concepts build on each other. The book, developed over the course of 10 years, has been used by law students, MBA students, graduate sustainability students, even undergraduate students – in both the US and Europe. The book can be used in a concentrated four-week course, an eight-week course, or a typical 14-week course. The book is meant to take professors and students on a journey from point A to point Z. It begins with a fresh look at U.S. corporate law, then moves to consider the US corporation’s unsustainable design, next describes the movement toward a focus on the Triple Bottom Line, then turns to proposals to redesign the corporation’s legal DNA, and finally offers a fundamental rethinking of the corporation. Professors and students will benefit from: The book’s main feature is its sequential design: (1) basics of US corporate law; (2) the corporation’s unsustainable design; (3) the Triple Bottom Line (ESG) movement; (4) proposals to redesign the corporation; (5) a deep rethinking of the corporation. Each chapter begins with a chapter overview, includes heavily edited readings from a variety of sources, features regular explanatory “break-out boxes, and offers end-of-chapter concluding thoughts (essays, poems, stories, fables, riddles). The book has its own website that includes the following materials for use by students (also available in Casebook Connect): online lectures, recommended videos (TED talks, interviews, documentaries, etc.), suggested YouTube music videos (from Hendrix Star-Spangled Banner to Dolly Parton Working Nine to Five), student research papers.
A collection of essays (1971-1999) centering on the philosophy of science. Musgrave, a philosopher whose academic affiliations are not given, defends realism, partly from an appeal to common sense. He discusses anti-realist trends in Anglo-American philosophy (Wittgenstein, instrumentalism, construc
In the history of the U.S. Supreme Court, Associate Justice Charles Evans Whittaker (1957-1962) merited several distinctions. He was the only Missourian and the first native Kansan appointed to the Court. He was one of only two justices to have served at both the federal district and appeals court levels before ascending to the Supreme Court. And Court historians have routinely rated him a failure as a justice. This book is a reconsideration of Justice Whittaker, with the twin goals of giving him his due and correcting past misrepresentations of the man and his career. Based on primary sources and information from the Whittaker family, it demonstrates that Whittaker's life record is definitely not one of inadequacy or failure, but rather one of illness and difficulty overcome with great determination. Nine appendices document all aspects of Whittaker's career. Copious notes, a selected bibliography, and two indexes complete a work that challenges the historical assessment of this public servant from Missouri.
When are legislators inclined to cast votes in cooperation with their parties, and when do they go their own way? When and why do nations contend with each other, and when are they more likely to cooperate? Thematically arranged around the interplay of contention and cooperation, A Comparative Introduction to Political Science encourages students to explore causal factors and consequences related to political phenomena to become knowledgeable and resourceful citizens of their nations and the world. Alan Smith covers how patterns of contention and cooperation—and the resulting government policies—may be affected by such factors as the surrounding political framework, the distribution of influence, and political motivation, including values as well as material interests. To expose students to the politics of specific nations, each chapter concludes with two country case studies that illuminate the theme of the chapter. Students emerge with a sense of what is going on in the world today. Pedagogically, the book employs careful sequencing of topics and concepts for clarity and to introduce politics in a natural, logical, synchronized way. At times Smith goes beyond sharp, night-and-day terminological distinctions to add accessible, ordinary language-based terminology that better captures the real-world spectrum between the extremes. A Comparative Introduction to Political Science: Contention and Cooperation provides a comprehensive teaching and learning package including these ancillaries: Test Bank. Available for adopters to download, the Test Bank provides multiple-choice, true/false, and essay questions for each chapter. Testing Software. This customizable test bank is available as a Word file or in Respondus 4.0—a powerful tool for creating and managing exams that can be printed out or published directly to the most popular learning management systems. Exams can be created offline or moved from one LMS to another. Respondus LE is available for free and can be used to automate the process of creating printed tests. Respondus 3.5, available for purchase or via a school site license, prepares tests to be uploaded to an LMS. Click here: http://www.respondus.com/products/testbank/search.php to submit your request. Companion Website. The open-access Companion Website is designed to engage students with the material and reinforce what they’ve learned in the classroom. For each chapter, flash cards and self-quizzes help students master the content and apply that knowledge to real-life situations. Students can access the Companion Website from their computers, tablets, or mobile devices. eBook. The full-color eBook allows students to access this textbook anytime, anywhere. The eBook includes the entire print edition rendered in vibrant color and features direct links to the Companion Website. PowerPoint Slides. For every chapter, art slides of all figures and tables are available for adopters to download.
Fiercely committed to the separation of church and state, thoroughly pluralistic, largely secular: Where does a society like ours find common terms for conducting a moral debate? In view of the crises surrounding the issue of abortion, it is tempting to answer: nowhere. In this timely and provocative book, Elizabeth Mensch and Alan Freeman urge that we challenge the extremes of both the "pro-life" and "pro-choice" views of the abortion issue and affirm the moral integrity of compromise. Attempting to restore a level of complexity to the discussion and to enrich public debate so that we may move beyond our current impasse, the authors argue that it is essential to understand how issues of legal "rights" and theological concerns interact in American public debate. Returning to the years leading up to Roe v. Wade, Mensch and Freeman detail the role of religion and its relationship to the emerging politics of abortion. Discussing primarily the natural law tradition associated with Catholicism and the Protestant ethical tradition, the authors focus most sharply on the 1960s in which the present terms of the abortion debate were set. In a skillful analysis, they identify a variety of factors that directed and shaped the debate--including, among others, the haunting legacy of Nazism, the moral challenge of the civil rights movement, the "God is dead" discourse, school prayer and Bible reading, Harvey Cox's The Secular City, the Berrigans and Vietnam, the animal rights movement, and the movement of the church-going population away from mainstream Protestant tradition toward evangelical fundamentalism. By criticizing the rhetoric employed by both the "pro-choice" and "pro-life" camps, Mensch and Freeman reveal the extent to which forces on either side of the issue have failed to respond to relevant concerns. Since Roe v. Wade, the authors charge, public debate has seemed to concede the moral high ground to the "pro-life" position, while the "pro-choice" rhetoric has appeared to defend an individual's legal right to do moral wrong. Originally published as a special issue of The Georgia Law Review (Spring 1991), this revised and expanded edition will be welcomed by all those frustrated by the impasse of debates so central to our nation's moral life.
Since 1945, there have been two waves of Anglo-American writing on Hegel's political thought. The first defended it against works portraying Hegel as an apologist of Prussian reaction and a theorist of totalitarian nationalism. The second presented Hegel as a civic humanist critic of liberalism in the tradition of Rousseau. The first suppressed elements of Hegel's thought that challenge liberalism's individualistic premises; the second downplayed Hegel's theism. This book recovers what was lost in each wave. It restores aspects of Hegel's political thought unsettling to liberal beliefs, yet that lead to a state more liberal than Locke's and Kant's, which retain authoritarian elements. It also scrutinizes Hegel's claim to have justified theism to rational insight, hence to have made it conformable to Enlightenment standards of admissible public discourse. And it seeks to show how, for Hegel, the wholeness unique to divinity is realizable among humans without concession or compromise and what role philosophy must play in its final achievement. Lastly, we are shown what form Hegel's philosophy can take in a world not yet prepared for his science. Here is Hegel's political thought undistorted.
In this book, the protection of personal data is compared for eight EU member states,namely France, Germany, the United Kingdom, Ireland, Romania, Italy, Sweden andthe Netherlands. The comparison of the countries is focused on government policiesfor the protection of personal data, the applicable laws and regulations, implementationof those laws and regulations, and supervision and enforcement. Although the General Data Protection Regulation (GDPR) harmonizes the protectionof personal data across the EU as of May 2018, its open norms in combination withcultural differences between countries result in differences in the practical implementation,interpretation and enforcement of personal data protection. With its focus on data protection law in practice, this book provides indepth insightsinto how different countries deal with data protection issues. The knowledge and bestpractices from these countries provide highly relevant material for legal professionals,data protection officers, policymakers, data protection authorities and academicsacross Europe. Bart Custers is Associate Professor and Director of Research at the Center for Law andDigital Technologies of the Leiden Law School at Leiden University, the Netherlands.Alan M. Sears, Francien Dechesne, Ilina Georgieva and Tommaso Tani are all affiliated tothat same organization, of which Professor Simone van der Hof is the General Director.
Delegitimation has become the new battleground for Israel and the critics of Israeli military operations. But the Israeli experience reveals a more general engagement where all states act strategically to build legitimacy for their policies and all resist attempts at delegitimation. To understand these processes it is necessary to see how politicized moral and legal judgments shape both the use of force by states and our judgments about the means and the outcomes. This is a book about legitimacy, military lawyers, and security. More particularly, it is about how the legitimacy of Israel’s asymmetric military operations cannot be detached from the politics of law and ethics. Sometimes it is enough that states respect the laws of armed conflict, but at other times they may be held to a higher standard. This does not happen in a vacuum. Rather it is the product of political engagement in the murky politics of international legitimacy where standards are negotiable and some states get a harder time than others. There is a strong theoretical analysis underpinning a discussion that constantly returns to the practical problems of modern armed conflict where combatants hide among civilians and states complain about the unrealistic expectations of human rights NGOs. Here, the law is unclear and there are choices to be made. The book presents new research into the involvement of Israeli military lawyers in operational targeting decision making that has life and death consequences. The case studies concern targeted killing during the Second Intifada, Israel’s 2006 Lebanon War, the 2009 Operation Cast Lead in Gaza and, finally, the 2010 Israeli maritime interception of the ‘Turkish Flotilla’ to Gaza. The investigation identifies a struggle between the proponents of human rights in war and those who promote the rights of states to deploy military force for the security of their citizens. But not all parties to a military conflict are held to the same standards. In fact, the analysis maps a complex political deployment of law and ethics in the strategic calculation of legitimacy costs and the diplomatic processes whereby they are contested, with policy implications for those in charge of the design and execution of military operations.
Henry Finlay recounts the transformation of marriage through the eyes of Parliamentarians over the last 100 years, breaking new ground in his account of fundamental changes in modern Australia's attitudes.
With just a few minutes to analyze, organize, outline, and compose your essay responses, you need all the preparation you can get before test day. GRE Answers to the Real Essay Questions provides sample responses from more than 200 actual GRE essay questions, along with a comprehensive review of what test graders expect from your writing.
In this revisionist work, Segal maintains that Paul's life can be better understood by taking his Jewishness seriously, and that Jewish history can be greatly illuminated by examining Paul's writings". . . . a blockbuster of a book about Paul that blazes a new trail".--New Theology Review.
With this volume, Professor Wertheimer discusses when a transaction can be properly regarded as exploitative - as opposed to some other moral deficiency - and explores the moral weight of taking unfair advantage.
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