The focus of this book is the idea of equality as a moral, political and jurisprudential concept. The author is motivated primarily by a concern to better understand conundrums in the justification, interpretation and application of discrimination law. Nicholas Smith aims to provide a clearer understanding of the nature of the value that the law is trying to uphold - equality. He rejects the notion that the concept of equality is vacuous and defends the idea as the proper range of moral concern. After discussing the general characteristics of the denial of equality and some types of discrimination, Smith considers prominent views on the point of equality law. He argues that human rights lawyers should step back from the business of trying to steer courts towards vague equality goals informed by conceptions of equality that are either empty or even more abstract than the notion of equality itself. If they do, Smith thinks that the meaning of 'equality' will be apparent, though abstract, and our difficulties will be shown to be, in the first instance, moral ones. These moral issues will require more rigorous attention before we can draft discrimination law which gives clear effect to a widely legitimate understanding of what it means to uphold and promote equality. This book will be a valuable resource for students and researchers working in the areas of legal philosophy, political theory, public law, and human rights law.
Whereas standard approaches to risk and vulnerability presuppose a strict separation between humans and their world, this book develops an existential-phenomenological approach according to which we are always already beings-at-risk. Moreover, it is argued that in our struggle against vulnerability, we create new vulnerabilities and thereby transform ourselves as much as we transform the world. Responding to the discussion about human enhancement and information technologies, the book then shows that this dynamic-relational approach has important implications for the evaluation of new technologies and their risks. It calls for a normative anthropology of vulnerability that does not ask which objective risks are acceptable, how we can become invulnerable, or which technologies threaten human nature, but which vulnerability transformations we want. To the extent that we can steer the growth of new technologies at all, this tragic and sometimes comic project should therefore be guided by what we want to become.
Natural law is a perennial though poorly represented and understood issue in political philosophy and the philosophy of law. In this 2006 book, Mark C. Murphy argues that the central thesis of natural law jurisprudence - that law is backed by decisive reasons for compliance - sets the agenda for natural law political philosophy, demonstrating how law gains its binding force by way of the common good of the political community. Murphy's work ranges over the central questions of natural law jurisprudence and political philosophy, including the formulation and defense of the natural law jurisprudential thesis, the nature of the common good, the connection between the promotion of the common good and requirement of obedience to law, and the justification of punishment.
Brandon also develops a general typology of constitutional failure. He identifies several ways in which failure can occur, shows that failure in one area may signify success in another, and argues that the possibility of failure is built into the foundations of all constitutional regimes."--BOOK JACKET.
This book examines some of the most prominent contemporary theories of compliance with international law. It is argued that these theories ultimately rely on some political philosophy and that therefore their strengths and weaknesses can be traced back to those of the respective philosophical background. The approach finally taken is based on some recent empirical and theoretical research undertaken and as such provides new insights to the major works of the authors that are at the core of the discussion.
Theories of distributive justice are most severely tested in the area of disability. In this book, Mark Stein argues that utilitarianism performs better than egalitarian theories in this area: whereas egalitarian theories help the disabled either too little or too much, utilitarianism achieves the proper balance by placing resources where they will do the most good. Stein offers what may be the broadest critique of egalitarian theory from a utilitarian perspective. He addresses the work of egalitarian theorists John Rawls, Ronald Dworkin, Amartya Sen, Bruce Ackerman, Martha Nussbaum, Norman Daniels, Philippe Van Parijs, and others. Stein claims that egalitarians are often driven to borrow elements of utilitarianism in order to make their theories at all plausible. The book concludes with an acknowledgment that both utilitarians and egalitarians face problems in the distribution of life-saving medical resources. Stein advocates a version of utilitarianism that would distribute life-saving resources based on life expectancy, not quality of life. Egalitarian theories, he argues, ignore life expectancy and so are again found wanting. Distributive Justice and Disability is a powerful and engaging book that helps to reframe the debate between egalitarian and utilitarian thinkers.
Judicial Review, Third Edition covers the grounds for review, defences to an application, the remedies and procedures involved and covers the Rules of the Superior Courts 2011, SI 691/2011. It includes cases such as article 40 inquiries (habeas corpus applications) and references to the European Court of Justice under article 234 TEC. It is the definitive text on judicial review available in Ireland and also of important reference in the United Kingdom. The law in relation to the reasonableness and proportionality of an administrative decision has been re-examined in the light of the Supreme Court decision in Meadows v Minister for Justice. Also re-examined is the law in relation to a decision-maker's obligation to give reasons for his decision in the light of the Supreme Court's decision in Mallak. As well as these, the book features a detailed account of the meaning and effect of a 'proportionality analysis' of a public act, indeed proportionality features prominently throughout the book in conjunction with the discussions on Meadows. There is also a detailed discussion of a court's approach to 'deference' in respect of a public act. In this new edition, the procedure chapters have been rewritten to take account of changes brought about by SI 691/2011 and SI 345/2015. Along with this a new chapter has been added on the philosophy of judicial review.
Mark Sagoff draws on the last twenty years of debate over the foundations of environmentalism in this comprehensive revision of The Economy of the Earth. Posing questions pertinent to consumption, cost-benefit analysis, the normative implications of neo-Darwinism, the role of the natural in national history, and the centrality of the concept of place in environmental ethics, he analyses social policy in relation to the environment, pollution, the workplace, and public safely and health. Sagoff distinguishes ethical from economic questions and explains which kinds of concepts, arguments, and processes are appropriate to each. He offers a critique 'preference' and 'willingness to pay' as measures of value in environmental economics and defends political, cultural, aesthetic, and ethical reasons to protect the natural environment.
Common morality—in the form of shame, outrage, and stigma—has always been society’s first line of defense against ethical transgressions. Social mores crucially complement the law, Mark Osiel shows, sparing us from oppressive formal regulation. Much of what we could do, we shouldn’t—and we don’t. We have a free-speech right to be offensive, but we know we will face outrage in response. We may declare bankruptcy, but not without stigma. Moral norms constantly demand more of us than the law requires, sustaining promises we can legally break and preventing disrespectful behavior the law allows. Mark Osiel takes up this curious interplay between lenient law and restrictive morality, showing that law permits much wrongdoing because we assume that rights are paired with informal but enforceable duties. People will exercise their rights responsibly or else face social shaming. For the most part, this system has worked. Social order persists despite ample opportunity for reprehensible conduct, testifying to the decisive constraints common morality imposes on the way we exercise our legal prerogatives. The Right to Do Wrong collects vivid case studies and social scientific research to explore how resistance to the exercise of rights picks up where law leaves off and shapes the legal system in turn. Building on recent evidence that declining social trust leads to increasing reliance on law, Osiel contends that as social changes produce stronger assertions of individual rights, it becomes more difficult to depend on informal tempering of our unfettered freedoms. Social norms can be indefensible, Osiel recognizes. But the alternative—more repressive law—is often far worse. This empirically informed study leaves little doubt that robust forms of common morality persist and are essential to the vitality of liberal societies.
Why should America restrain itself in detaining, interrogating, and targeting terrorists when they show it no similar forbearance? Is it fair to expect one side to fight by more stringent rules than the other, placing itself at disadvantage? Is the disadvantaged side then permitted to use the tactics and strategies of its opponent? If so, then America's most controversial counterterrorism practices are justified as commensurate responses to indiscriminate terror. Yet different ethical standards prove entirely fitting, the author finds, in a conflict between a network of suicidal terrorists seeking mass atrocity at any cost and a constitutional democracy committed to respecting human dignity and the rule of law. The most important reciprocity involves neither uniform application of fair rules nor their enforcement by a simple-minded tit-for-tat. Real reciprocity instead entails contributing to an emergent global contract that encompasses the law of war and from which all peoples may mutually benefit.
Multiracial families (families in which one member of the family has a different racial heritage than the other member(s) of the family) comprise a rapidly growing U.S. population. Counseling Multiracial Families addresses this population that has been neglected in the counseling literature. In the first chapter, readers are given a comprehensive history of racial mixing in the United States special needs and issues of multiracial families as well as special strengths of multiracial families are addressed. Challenges of interracially married couples are explored as are the social and cultural issues related to parenting and child rearing of multiracial children in today's society. The results of biracial identity development research are translated into counseling practice with the children, adolescents, and adults in multiracial families.
From the cultural critic Wired called “provocative and cuttingly humorous” comes a viciously funny, joltingly insightful collection of drive-by critiques of contemporary America where chaos is the new normal. Exploring the darkest corners of the national psyche and the nethermost regions of the self—the gothic, the grotesque, and the carnivalesque—Mark Dery makes sense of the cultural dynamics of the American madhouse early in the twenty-first century. Here are essays on the pornographic fantasies of Star Trek fans, Facebook as Limbo of the Lost, George W. Bush’s fear of his inner queer, the theme-parking of the Holocaust, the homoerotic subtext of the Super Bowl, the hidden agendas of IQ tests, Santa’s secret kinship with Satan, the sadism of dentists, Hitler’s afterlife on YouTube, the sexual identity of 2001’s HAL, the suicide note considered as a literary genre, the surrealist poetry of robot spam, the zombie apocalypse, Lady Gaga, the Church of Euthanasia, toy guns in the dream lives of American boys, and the polymorphous perversity of Madonna’s big toe. Dery casts a critical eye on the accepted order of things, boldly crossing into the intellectual no-fly zones demarcated by cultural warriors on both sides of America’s ideological divide: controversy-phobic corporate media, blinkered academic elites, and middlebrow tastemakers. Intellectually omnivorous and promiscuously interdisciplinary, Dery’s writing is a generalist’s guilty pleasure in an age of nanospecialization and niche marketing. From Menckenesque polemics on American society and deft deconstructions of pop culture to unflinching personal essays in which Dery turns his scalpel-sharp wit on himself, I Must Not Think Bad Thoughts is a head-spinning intellectual ride through American dreams and American nightmares.
This book integrates the moral philosophy of Immanuel Kant—particularly the concepts of autonomy, dignity, and character—into economic theory, enriching models of individual choice and policymaking, while contributing to our understanding of how the economic individual fits into society.
This Commentary on the WTO Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS) provides a detailed textual analysis of TRIPS _ a pivotal international agreement on intellectual property rights. TRIPS sets minimum standards
Craig Lenzati, the rich and powerful CEO of Chicago's answer to Microsoft, is found brutally murdered with stab wounds all over his body. The murder is reported anonymously, and a quick and quiet resolution to the case is demanded by City Hall. Meanwhile, the list of suspects is almost endless and that along has the powers-that-be breathing down the necks of Chicago Police Detectives Paul Turner and Buck Fenwick. But as the two struggle to untangle the case and find the killer, they soon learn that the killer has only just begun. Mark Richard Zubro's wisecracking detectives are back and better than ever in Sex and Murder.com.
For years now, unionization has been under vigorous attack. Membership has been steadily declining, and with it union bargaining power. As a result, unions may soon lose their ability to protect workers from economic and personal abuse, as well as their significance as a political force. In the Name of Liberty responds to this worrying state of affairs by presenting a new argument for unionization, one that derives an argument for universal unionization in both the private and public sector from concepts of liberty that we already accept. In short, In the Name of Liberty reclaims the argument for liberty from the political right, and shows how liberty not only requires the unionization of every workplace as a matter of background justice, but also supports a wide variety of other progressive policies.
History can teach us many lessons, and one is that freedom is not easily preserved. If there are not voices like Mark Sableman and others to remind us of our heritage, there will be a gradual erosion of our basic freedoms". -- Paul Simon, from the Foreword
What actions should be punished? Should plea-bargaining be allowed? How should sentencing be determined? In this original, penetrating study, Mark Tunick explores not only why society punishes wrongdoing, but also how it implements punishment. Contending that the theory and practice of punishment are inherently linked, Tunick draws on a broad range of thinkers, from the radical criticisms of Nietzsche, Foucault, and some Marxist theorists through the sociological theories of Durkheim and Girard to various philosophical traditions and the "law and economics" movement. He defends punishment against its radical critics and offers a version of retribution, distinct from revenge, that holds that we punish not to deter or reform, but to mete out just deserts, vindicate right, and express society's righteous anger. Demonstrating first how this theory best accounts for how punishment is carried out, he then provides "immanent criticism" of certain features of our practice that don't accord with the retributive principle. Thought-provoking and deftly argued, Punishment will garner attention and spark debate among political theorists, philosophers, legal scholars, sociologists, and criminologists.
This book is about a widely shared desire: the desire among citizens for a vibrant and effective social discourse of legitimation. It therefore begins with the conviction that what political philosophy can provide citizens is not further theories of the good life but instead directions for talking about how to justify the choices they make&—or, in brief, &"just talking.&" As part of the general trend away from the aridity of Kantian universalism in political philosophy, thinkers as diverse as Bruce Ackerman, J&ürgen Habermas, Alasdair MacIntyre, and Richard Rorty have taken a &"dialogic turn&" that seeks to understand the determination of principles of justice as a cooperative task, achieved in some kind of social dialogue among real citizens. In one way or another, however, each of these different variations on the dialogic model fail to provide fully satisfactory answers, Mark Kingwell shows. Drawing on their strengths, he presents another model he calls &"justice as civility,&" which makes original use of the popular literature on etiquette and work in sociolinguistics to develop a more adequate theory of dialogic justice.
Governing Global Networks argues that most international regimes are grounded in states' mutual cooperation, and not in the dictates of the most powerful states. It focuses on the regimes for four important international industries - shipping, air transport, telecommunications and postal services. Of particular importance to these regimes have been states' interests in both the free flow of commerce and their policy autonomy. The authors examine the relationship between these potentially conflicting goals. In particular they trace the impact of deregulation, which has led some states increasingly to place gains from economic openness ahead of their desire to maintain a high degree of control of their own economies; and to the decline of the traditional cartel elements of these regimes. This analysis is an important contribution to theoretical debates between neo-realists and neo-liberals in the study of international organisations and international political economy.
Cohen critiques Timothy Findley's broad anti-censorship position; he traces Margaret Atwood's evolution from implicit support for the censorship of pornography in Bodily Harm to the rejection of censorship in The Handmaid's Tale; and he provides the first detailed study of the draft of Margaret Laurence's unfinished novel, showing the degree to which her final silence was a result of her censorship ordeal. Finally, an analysis of the writing of Beatrice Culleton and Marlene Nourbese Philip shows how different kinds of socio-cultural censorship - from gate-keepers to self-censorship - silence Native and black Canadian voices. Cohen's re-definition of censorship as essentially a practice of judgment takes us beyond the traditional Enlightenment delineation of censorship as an oppressive government practice and the consequent neutralist liberal condemnation of censorship on principle. Since judgment is enmeshed in the fabric of human endeavour, censorship is inevitable; since censorship is inevitable, Cohen concludes, debate over whether censorship itself is desirable should give way to a search for censorship practices that are more just. Censorship in Canadian Literature is an essential text for scholars of Canadian literature as well as for anyone concerned with contemporary debates about censorship and civil rights.
Buy a new version of this textbook and receive access to the Connected eBook with Study Center on CasebookConnect, including: lifetime access to the online ebook with highlight, annotation, and search capabilities; practice questions from your favorite study aids; an outline tool and other helpful resources. Connected eBooks provide what you need most to be successful in your law school classes. Learn more about Connected eBooks Adhering to the multi-disciplinary and scholarly approach of its predecessors, the eighth edition of Constitutional Law guides students through all facets of constitutional law. Constitutional Law explores traditional constitutional doctrine through the lens of varying critical and social perspectives informed by political theory, philosophy, sociology, ethics, history, and economics. This comprehensive approach paired with carefully edited cases provides instructors with rich material for classroom discussion. Logically organized for a two-semester course, the first part of Constitutional Law tackles issues concerning separation of powers and federalism while the second part addresses all facets of individual rights and liberties. Constitutional Law also provides thoughtfully selected content on the First Amendment to give students a well-rounded understanding of religion and free speech issues. Key Features: The text’s attention to policy, including discussion of competing critical and social perspectives. A multi-disciplinary approach that draws on political theory, philosophy, sociology, ethics, history, and economics. Thoughtful editing, including both lightly and more tightly-edited cases that balances close textual analysis with comprehensive converge of important opinions and pivotal cases. Streamlined treatment of First Amendment law, so that it efficiently provides the necessary fundamentals in free speech and religious liberties jurisprudence.
A Japanese woman living in California attempts parent-child suicide, an ancient Japanese custom called "oyako-shinju," in order to rid herself of shame upon learning that her husband has a mistress. She survives, but her two children are drowned in the attempt. Since her attempt was made in accordance with the standards of Japanese culture, should she be tried by the standards and laws of the United States? Are there universally valid moral principles that dictate what is right? Or are moral judgments culturally relative, ultimately dictated by conventions and practices that vary among societies? In Practices and Principles, Mark Tunick takes up the debate between universalists and relativists, and, in political philosophy, between communitarians and liberals, each of which has roots in an earlier debate between Kant and Hegel. Tunick focuses on three case studies: promises, contract law, and the Fourth Amendment issue of privacy. In his analysis, he rejects both uncritical deference to social practice and draconian adherence to principles when making legal and ethical judgments. He argues that we do not always need to choose between abstract principles and social practices. Sometimes we appeal to both; sometimes we need to appeal to shared social norms; and sometimes, where there is no ethical community, we can appeal only to principles. Ultimately, Tunick rejects simplified arguments that force us to choose between either practices or principles, universalism or relativism, and liberalism or communitarianism.
Intended primarily for courses required of graduate students teaching composition and upper-division students majoring in rhetoric, Composition in Four Keys introduces novice scholars to the literature of composition and rhetoric and helps them find patterns to make that literature intelligible.
In the common law world, Albert Venn Dicey (1835–1922) is known as the high priest of orthodox constitutional theory, as an ideological and nationalistic positivist. In his analytical coldness, his celebration of sovereign power, and his incessant drive to organize and codify legal rules separate from moral values or political realities, Dicey is an uncanny figure. This book challenges this received view of Dicey. Through a re-examination of his life and his 1885 book Law of the Constitution, the high priest Dicey is defrocked and a more human Dicey steps forward to offer alternative ways of reading his canonical text, who struggled to appreciate law as a form of reasoned discourse that integrates values of legality and authority through methods of ordinary legal interpretation. The result is a unique common law constitutional discourse through which assertions of sovereign power are conditioned by moral aspirations associated with the rule of law.
In moving beyond the theses of liberalism and neoliberalism that have provided philosophical support to free-market economics from the 1970s until the present, this book seeks to re-theorize social democracy by reconsidering issues such as totalitarianism, freedom, the role of the state, and the political arrangements needed for the future.
Designed to fill the need for an accessible introduction to Marbury and the topic of judicial review, this book presents the unique transcript of a reenactment of the argument of Marbury v. Madison, argued by constitutional scholars before a bench of federal judges. Following the transcript are essays on the case and its significance today.
A fast, innovative way to learn the core principles and clinical entities associated with nephrology at the point of care Nephrology in 30 Days enables you to quickly and easily attain a complete understanding of the basics of nephrology, allowing you to successfully diagnose and manage kidney disease and its associated complications. Designed to impart this knowledge in just thirty days, this unique self-instructional tool is perfect for medical students, physician assistants, medical residents, and nephrology fellows rotating on the clinical nephrology service elective. Now in full color, Nephrology in 30 Days is the most effective way to gain a solid understanding of acute and chronic kidney diseases, disturbances of fluid and electrolyte balance, and disorders of acid-base and mineral metabolism homeostasis--in the least amount of time possible. Updated to include the latest research and advances, including: New formulas for estimating glomerular filtration rate The role of WNK kinases in distal tubular sodium and potassium handling Revised hyponatremia guidelines The use of vaptans for clinical use Newly reported forms of metabolic acidosis The role FGF-23 and Klotho play in phosphorus homeostasis Concerns about the use of erythropoietic stimulating agents Approaches to and classification of both chronic kidney disease and acute kidney injury Discussion of urinalysis and urine microscopy in the evaluation of kidney disease New forms of tubulointerstitial disease such as immunoglobulin G4 (IgG4)-related disease The pathological classification of systemic lupus nephritis and other glomerular diseases The mechanisms and causes of essential and secondary forms of hypertension
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