This title shows how the Declaration of Independence actually worked in each era, and why its influence has been crucial to the development of the American nation and way of life.
In this narrative history and contextual analysis of the Thirteenth Amendment, slavery and freedom take center stage. Alexander Tsesis demonstrates how entrenched slavery was in pre-Civil War America, how central it was to the political events that resulted in the Civil War, and how it was the driving force that led to the adoption of an amendment that ultimately provided a substantive assurance of freedom for all American citizens. The story of how Supreme Court justices have interpreted the Thirteenth Amendment, first through racist lenses after Reconstruction and later influenced by the modern civil rights movement, provides insight into the tremendous impact the Thirteenth Amendment has had on the Constitution and American culture. Importantly, Tsesis also explains why the Thirteenth Amendment is essential to contemporary America, offering fresh analysis on the role the Amendment has played regarding civil rights legislation and personal liberty case decisions, and an original explanation of the substantive guarantees of freedom for today's society that the Reconstruction Congress envisioned over a century ago.
Free Speech in the Balance is the first comprehensive study of proportional analysis in free speech theory. This book challenges the US Supreme Court's categorical approach and explains the importance of understanding the breadth of concerns arising from regulations directly and indirectly impacting expression. The author provides in-depth analysis of some of the important social and political principles governing topics of vital concern, including campaign financing, university speech codes, secondary school rules, incitement, and threats. This book should be read by students and scholars of free speech theory and anyone interested in learning more about the history of existing law, the issues of current importance, and trends in expressive significance.
Tsesis uses historical examples to illuminate the central role racist speech played in encouraging attitudes that led to human rights violations against German Jews, Native Americans, and African Americans, and also discusses the dangers posed by hate speech spread on the Internet today. He also offers an examination of the psychology of scapegoating."--BOOK JACKET.
Despite America's commitment to civil rights from the earliest days of nationhood, examples of injustices against minorities stain many pages of U.S. history. The battle for racial, ethnic, and gender fairness remains unfinished. This comprehensive book traces the history of legal efforts to achieve civil rights for all Americans, beginning with the years leading up to the Revolution and continuing to our own times. The historical adventure Alexander Tsesis recounts is filled with fascinating events, with real change and disappointing compromise, and with courageous individuals and organizations committed to ending injustice. Viewing the evolution of civil rights through the lens of legal history, Tsesis considers laws that have restricted civil rights (such as Jim Crow regulations and prohibitions against intermarriage) and laws that have expanded rights (including antisegregation legislation and other legal advances of the civil rights era). He focuses particular attention on the African American fight for civil rights but also discusses the struggles of women, gays and lesbians, Japanese Americans, Latinos, Native Americans, and Jews. He concludes by assessing the current state of civil rights in the United States and exploring likely future expansions of civil rights.
Tsesis explains why the 13th Amendment is essential to contemporary America, offering a fresh analysis of the role the Amendment has played regarding civil rights legislation.
Judges, courts, and scholars in the United States agree that the Constitution is the supreme law of the land, but there is much disagreement about its meaning. So what seems to be incontestable truth is riddled with disagreements about every day questions of decision making on matter such as whether people are entitled to government created programs, what rights are fundamental, the criteria for voting, the three branches of governments' several responsibilities, and even who should have the final say in defining the Constitution's meaning. Constitutional Ethos is a groundbreaking investigation into the fundamental principles of constitutional principle, meaning, and interpretation. It explores the core purposes of American representative democracy in light of historical sources, recent precedents, and contemporary debates. Alexander Tsesis argues that a central norm of U.S. law can be derived from the Declaration of Independence and Preamble. This book develops a theory of constitutional law structured on the public duty to protect individual rights for the general welfare. The maxim of constitutional governance synthesizes the protection of individual and public rights. The ideal is neither solely theoretical nor customary but tied to a firm foundation that the people then build upon by lobbying elected officials and petitioning appointed judges. Representative government has an interlinked obligation to the individual and the general welfare. This paradigm for responsible governance sets the baseline against which citizens can hold policy makers accountable to the structural and normative commitments of the Constitution. A pluralistic system must respect human dignity and govern for the betterment of the body politic. Those mandates set the terms for exercising legitimate power at the federal, state, and local levels to protect individual rights to achieve the common good of civil society. Tsesis demonstrates that ethos is binding on the conduct of all three branches of government and their officeholders. His argument challenges the more common U.S. perspective among academics and judges, who typically discount the existence of any objective constitutional value, regarding the document as a construct of social norms. To the contrary, Tsesis shows that the people established the terms of the nation's founding documents to protect universal, unalienable rights. The structure of government provides the mechanisms of those in a pluralistic state to set reasonable limitations for the betterment of society as a whole. Understanding the Constitution's special place in American legal culture is essential for resolving a host of contemporary issues; including, those involving marital, gender, and voting equalities. The state is a means of optimizing the well-being of individuals. Human productivity can best flourish in a society of equals, where talents can be brought to bear in the betterment of self and other members of the community. The Constitution does not create rights but protects those universal ideals of representative democracy first set out in the Declaration of Independence. It further grants authority to political institutions for the enforcement of policies and concrete laws for the betterment of society or some relevant segment of it. Many scholars with leanings in legal realism and process theory believe the authority of government is a social construct created by popular majorities; Tsesis convincingly demonstrates, to the contrary, that even those laws enacted by popular majorities are not authoritative unless they accord with a central maxim of constitutionalism, which is the protection of individual rights for the common good.
This book examines the complex relationship between politics and hate speech laws, domestic and international. How do political contexts shape understandings of what hate speech is and how to deal with it? Why do particular states enact hate speech laws and then apply, extend or reform them in the ways they do? What part does hate speech play in international affairs? Why do some but not all states negotiate, agree and ratify international hate speech frameworks or instruments? What are some of the best and worst political arguments for and against hate speech laws? Do political figures have special moral duties to refrain from hate speech? Should the use of hate speech by political figures be protected by parliamentary privilege? Should this sort of hyperpolitical hate speech be subject to the laws of the land, civil and criminal? Or should it instead be handled by parliamentary codes of conduct and procedures or even by political parties themselves? What should the codes of conduct look like? Brown and Sinclair answer these important and overlooked questions on the politics of hate speech laws, providing a substantial body of new evidence, insights, arguments, theories and practical recommendations. The primary focus is on the UK and the US but several other country contexts are also explored and compared in detail, including: Nigeria, Kenya, South Africa, India, China, Japan, Turkey, Germany, Hungary, and Italy. Methodologically, the two authors draw on approaches and concepts from a range of academic disciplines, including: law and legal theory, political theory, applied ethics, political science and sociology, international relations theory and international law.
No serious attempt to answer the question 'What is hate speech?' would be complete without an exploration of the outer limits of the concept(s). This book critically examines both the ordinary and legal concepts of hate speech, contrasting social media platform content policies with national and international laws. It also explores a range of controversial grey area examples of hate speech. Part I focuses on the ordinary concept and looks at hybrid attacks, selective attacks, reverse attacks, righteous attacks, indirect attacks, identity attacks, existential denials, identity denials, identity miscategorisations, and identity appropriations. Part II concentrates on the legal concept. It considers how to distinguish between hate speech and hate crime, and examines the precarious position of denialism laws in national and international law. Together, the authors draw on conceptual analysis, doctrinal analysis, linguistic analysis, critical analysis, and diachronic analysis to map the new frontiers of the concepts of hate speech.
Constitutional Ethos persuasively demonstrates the relevance of the Declaration of Independence and U.S. Constitution's Preamble to constitutional interpretation. Tsesis skillfully uses history, doctrine, and philosophical analysis to demonstrate the relevance of principle to the resolution of contemporary legal issues from healthcare, to campaign financing, and public accommodation law.
Writing in their famous Harvard Law Review article of 1890, Louis Brandeis and Samuel Warren asserted what many have considered one of the most cherished American values: the right to be let alone. Yet in this post-9/11 world, personal privacy is more threatened than ever. This book provides students and general readers a comprehensive overview of privacy in contemporary America. Included are some 225 alphabetically arranged entries written by more than 100 expert contributors. Entries cover such topics as the USA PATRIOT act, abortion rights, wiretapping, telemarketing, identity theft, DNA databases, Internet and email privacy, and numerous other concerns. Entries cite works for further reading, and the Encyclopedia closes with a bibliography of books, websites, organizations, and films. New threats to privacy have arisen in the face of competing social, political, and economic demands, rapid technological change, and an intrusive and voyeuristic mass media. Citizens are barraged on a daily basis with stories of corporate data mining, government surveillance programs, identity theft, and computer hacking of personal information. As a result, citizens are becoming increasingly concerned about their personal privacy as well as their privacy rights. This encyclopedia, the first of its kind, comprehensively overviews various aspects of privacy throughout U.S. history, including significant legal cases, events, laws, organizations, individuals, technology, and terms. With some 225 alphabetically arranged entries written by more than 100 leading scholars and experts in the field, this inclusive and authoritative work will appeal to those interested in both historical and contemporary notions of privacy in the United States. Readers will learn of the significance of technology in today's society, its helpful and harmful effects on citizens' privacy, and what to expect in the future. Entries cite print and electronic resources, and the Encyclopedia closes with a listing of books, organizations, websites, films, and other sources of information.
Working in the tradition of analytic philosophy, Alexander Brown argues that many different forms of political communication (or anti-communication) that often infuriate the public can also be ethically or morally objectionable. These forms include question dodging, offering scripted answers, stonewalling, not listening, disseminating propaganda, pandering, being insincere, giving false denials, issuing revisionist interpretations, refusing to take responsibility, never apologising, boasting, and gaslighting. Brown invokes a host of normative reasons including those having to do with epistemic arrogance, interference in autonomy, and violating the right to be heard. This is not to say that, all things considered, politicians should never engage in dubious political communication. Sometimes these are necessary evils. Brown argues, however, that further moral inquiry is needed to show why they are evils, and to determine when the use of these rhetorical tactics can be excessive, unreasonable, or out of place. Key Features: • Identifies and conceptualises forms of dubious political communication • Develops an ethical evaluation of political communication • Considers possible justifications for the use of dubious political communication • Makes practical recommendations on how to regulate unethical political communication
Tsesis uses historical examples to illuminate the central role racist speech played in encouraging attitudes that led to human rights violations against German Jews, Native Americans, and African Americans, and also discusses the dangers posed by hate speech spread on the Internet today. He also offers an examination of the psychology of scapegoating."--BOOK JACKET.
In this work, Alexander Rosenthal Pubul presents a broad examination of the ancient philosophical question: “What is the good life?”, while addressing how the liberal arts can help us to answer this question. Greek philosophy distinguished between the “noble” (what is good in itself), from the merely “useful” (good for something else). From thence follows the distinction between the liberal arts which pursue such noble goods and the mechanical arts which are only instrumental. For Aristotle, the most noble and excellent good is wisdom itself. Hence the theoretic life devoted to the love of wisdom for its own sake –philosophy - is the highest and the most excellent. This work theorizes the origins of modernity in a rebellion against this Greek conception resulting in a complete inversion of the classical hierarchy. Sir. Francis Bacon reconceiving the purpose of knowledge as power, enthroned technology over philosophy and the liberal arts. The unfolding of the modern Baconian revolution progressively sidelines the liberal arts, as practical economic and technical utility become the standard of value. In assessing this problem, the book engages in a capacious journey across disciplines like philosophy, history, art, politics, and science. It is also a veritable tour across the Western intellectual tradition including Socrates, Plato, Aristotle, Cicero, Seneca, Thomas Aquinas, Bacon, Descartes, Hume, Kant, Nietzsche, Dewey, Berdyaev, Einstein, and Heidegger. It pleads the urgent need to preserve the humanizing cultural ideals of the ancient classics against the modern tyranny of utility and the dangers of a new barbarism.
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