This is a book about fundamental theoretical issues of political philosophy and jurisprudence. In his familiar forceful and incisive style Professor Dworkin guides the reader through a re-examination of some perennial moral, philosophical, and legal dilemmas.
19th century China -"Barbarians" were what the Chinese saw appearing on their shores--barbarians who knew nothing of the long centuries of civilization in China that set standards of conduct and developed customs the Chinese were convinced were superior to all others. Time line charts are provided. Compare with today's relationships.
How should a judge's moral convictions bear on his judgments about what the law is? Lawyers, sociologists, philosophers, politicians, and judges all have answers to that question: these range from ÒnothingÓ to Òeverything.Ó In Justice in Robes, Ronald Dworkin argues that the question is much more complex than it has often been taken to be and charts a variety of dimensionsÑsemantic, jurisprudential, and doctrinalÑin which law and morals are undoubtedly interwoven. He restates and summarizes his own widely discussed account of these connections, which emphasizes the sovereign importance of moral principle in legal and constitutional interpretation, and then reviews and criticizes the most influential rival theories to his own. He argues that pragmatism is empty as a theory of law, that value pluralism misunderstands the nature of moral concepts, that constitutional originalism reflects an impoverished view of the role of a constitution in a democratic society, and that contemporary legal positivism is based on a mistaken semantic theory and an erroneous account of the nature of authority. In the course of that critical study he discusses the work of many of the most influential lawyers and philosophers of the era, including Isaiah Berlin, Richard Posner, Cass Sunstein, Antonin Scalia, and Joseph Raz. Dworkin's new collection of essays and original chapters is a model of lucid, logical, and impassioned reasoning that will advance the crucially important debate about the roles of justice in law.
How should a judge's moral convictions bear on his judgments about what the law is? Lawyers, sociologists, philosophers, politicians, and judges all have answers to that question: these range from ÒnothingÓ to Òeverything.Ó In Justice in Robes, Ronald Dworkin argues that the question is much more complex than it has often been taken to be and charts a variety of dimensionsÑsemantic, jurisprudential, and doctrinalÑin which law and morals are undoubtedly interwoven. He restates and summarizes his own widely discussed account of these connections, which emphasizes the sovereign importance of moral principle in legal and constitutional interpretation, and then reviews and criticizes the most influential rival theories to his own. He argues that pragmatism is empty as a theory of law, that value pluralism misunderstands the nature of moral concepts, that constitutional originalism reflects an impoverished view of the role of a constitution in a democratic society, and that contemporary legal positivism is based on a mistaken semantic theory and an erroneous account of the nature of authority. In the course of that critical study he discusses the work of many of the most influential lawyers and philosophers of the era, including Isaiah Berlin, Richard Posner, Cass Sunstein, Antonin Scalia, and Joseph Raz. Dworkin's new collection of essays and original chapters is a model of lucid, logical, and impassioned reasoning that will advance the crucially important debate about the roles of justice in law.
There is no book of political strategy more canonical than Niccolò Machiavelli's The Prince, but few ethicists would advise policymakers to treat it as a bible. The lofty ideals of the law, especially, seem distant from the values that the word "Machiavellian" connotes, and judges are supposed to work above the realm of politics. In The Judge, however, Ronald Collins and David Skover argue that Machiavelli can indeed speak to judges, and model their book after The Prince. As it turns out, the number of people who think that judges in the U.S. are apolitical has been shrinking for decades. Both liberals and conservatives routinely criticize their ideological opponents on the bench for acting politically. Some authorities even posit the impossibility of apolitical judges, and indeed, in many states, judicial elections are partisan. Others advocate appointing judges who are committed to being dispassionate referees adhering to the letter of the law. However, most legal experts, regardless of their leanings, seem to agree that despite widespread popular support for the ideal of the apolitical judge, this ideal is mere fantasy. This debate about judges and politics has been a perennial in American history, but it intensified in the 1980s, when the Reagan administration sought to place originalists in the Supreme Court. It has not let up since. Ronald Collins and David Skover argue that the debate has become both stale and circular, and instead tackle the issue in a boldly imaginative way. In The Judge, they ask us to assume that judges are political, and that they need advice on how to be effective political actors. Their twenty-six chapters track the structure of The Prince, and each provides pointers to judges on how to cleverly and subtly advance their political goals. In this Machiavellian vision, law is inseparable from realpolitik. However, the authors' point isn't to advocate for this coldly realistic vision of judging. Their ultimate goal is identify both legal realists and originalists as what they are: explicitly political (though on opposite ends of the ideological spectrum). Taking its cues from Machiavelli, The Judge describes what judges actually do, not what they ought to do.
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. A problem-based Evidence coursebook that presents the Federal Rules of Evidence in context, illuminates the rules’ underlying theories and perspectives, and provides a fully updated and systematic account of the law in a student-friendly hornbook-style format. The material is accompanied with straightforward and systematic explanations. Lively discussion and interesting problems (rather than numerous appellate case excerpts) engage students in understanding the principles, policies, and debates that surround evidence law. The book also contains self-assessment sections in each chapter that teach students how to identify and resolve legal issues and succeed in the final exam. To sum up: this book stands out as “all in one”: it gives students of evidence an up-to-date comprehensive account of the law; it explains complex evidentiary issues in a straightforward and systematic fashion; and it also tells students what their exam will look like and how to succeed in it. New to the Seventh Edition: A new case file to introduce numerous evidence issues throughout the semester, with spin-off problems in each chapter. Updated doctrine, including application of evidence rules to electronic evidence and the online environment. Professors and students will benefit from: An opening case file introducing students to the process of analyzing evidence in terms of the essential elements of a legal dispute, serving as an effective introduction to much of the course to follow A wide range of real-world problems exposes students to the depth and complexity of the Rules of Evidence Every chapter addresses basic rules interpretation, essential policy, and connects theory to practice Assessment problems (modeled on exam questions) at the end of each chapter, including answers with explanations Teaching materials Include: Updated and streamlined Teacher’s Manual, including sample syllabi for both 4- and 3-credit courses, transition guide for each chapter, teaching guidance, and answers to all the problems in the book Problems Supplement that includes most problems deleted from prior editions
Now in its 4th edition, State and Local Public Finance provides a comprehensive and sophisticated analysis of state and local government public finance practices and issues, using the basic tools of economics. For this new edition, there is a focus on the most important services provided in the state-local sector: education, health and welfare, public safety, and transportation. This textbook provides an examination and analysis of public finance practices and problems in a federal fiscal system, focusing on the fiscal behaviour and policies of state and local governments. The author presents detailed descriptions of significant institutions. Modern economic theory is applied to examine the way these institutions are used to produce and finance services, and to provide evaluation of alternative policies. Although the emphasis is on U.S. institutions and issues, much of the economic analysis can be applied to any federal system or to fiscal decentralization. This fully revised new edition sees updates throughout to data, topics, and applications. The Headlines and Applications sections reflect the most current policy issues affecting state and local governments. These include the effects of the Great Recession on state and local governments, changes in the tax treatment of internet purchases, the Affordable Care Act and implications for Medicaid spending by state governments, demographic changes and the implications for state-local finances, the implications of changes in automobile technology for transportation financing, and the potential for increased gambling activity. This text will continue to be invaluable reading for those who study public finance, local government finance, urban economics and public policy and public administration.
This is a book about fundamental theoretical issues of political philosophy and jurisprudence. In his familiar forceful and incisive style Professor Dworkin guides the reader through a re-examination of some perennial moral, philosophical, and legal dilemmas.
AIDS and Development in Africa: A Social Science Perspective is the first book-length treatment of both the impact of AIDS in Africa and an assessment of intervention strategies in varying cultural situations. Developed from revised selected papers from the nineteenth Southern African Universities Social Science Conference, AIDS and Development in Africa will be of interest to counselors, medical and development practitioners, Africanists, and AIDS researchers. From this book, you will find wide analytical coverage of the issues and country case studies related to the contributory factors and development impact of the HIV/AIDS pandemic in Africa. You will also explore the ability of countries to willingly promote and cope with the pandemic in the context of their different economic circumstances. Specifically in AIDS and Development in Africa, you will read about: socioeconomic context of AIDS social scientific explanations of the AIDS pandemic in Africa HIV/AIDS and the status of women in Botswana and Swaziland sexual abuse and HIV/AIDS law and HIV/AIDS orphans of the AIDS pandemic media and the African context of social construction human resource development and training in relation to HIV/AIDS in Zambia AIDS and Development in Africa uses a multidisciplinary social science perspective in case studies of such countries as Botswana, Swaziland, Zimbabwe, South Africa, Malawi, and Zambia to reveal contributory factors and the developmental impact of HIV/AIDS in Africa. This book demonstrates the human consequences of AIDS and the efforts being made by governments, individuals, families, villages, communities, and national government organizations to respond to the pandemic. For example, you will learn about information campaigns and peer education approaches that are successfully increasing transmission awareness and condom use. You will read beyond the usual analysis of demographics and receive much more substantial assessments and analyses of the burden on people, economies, and health care systems of the African countries. AIDS and Development in Africa is indispensable to anyone who is involved with HIV/AIDS prevention/intervention in Africa. This comprehensive book provides you with essential and up-to-date research on the many issues surrounding Africa’s HIV/AIDS pandemic.
Explicit Learning in the L2 Classroom offers a unique five-prong (theoretical, empirical, methodological, pedagogical, and model building) approach to the issue of explicit learning in the L2 classroom from a student-centered perspective. To achieve this five-prong objective, the book reports the theoretical underpinnings, empirical studies, and the research designs employed in current research to investigate the constructs of attention and awareness in SLA with the objectives to (1) propose a model of the L2 learning process in SLA that accounts for the cognitive processes employed during this process and (2) provide pedagogical and curricular implications for the L2 classroom. The book also provides a comprehensive treatise of research methodology that is aimed at not only underscoring the major features of conducting robust research designs with high levels of internal validity but also preparing teachers to become critical readers of published empirical research.
A Contemporary Look at Business Ethics provides a ‘present day’ look at business ethics to include the challenges, opportunities and increased need for ethical leadership in today’s and tomorrow’s organizations. The book discusses current and future business ethics challenges, issues and opportunities which provides the context leaders and their organizations must navigate. The book includes an in?depth look at lessons learned about the causes of unethical behavior by examining a number of real?world examples of ethical scandals from around the world that have taken place over the past few decades. The analysis of the various ethical scandals focuses on concepts like ethical versus unethical leadership, received wisdom, the bottom?line mentality, groupthink and moral muteness, all of which contribute to the kind of organizational culture and ethical behavior one finds in an organization. The book discusses ethical decision making in general and the increased role of religion and spirituality, in confronting unethical behavior in contemporary organizations. The book also takes an in?depth look at the impact ethical scandals have on employees and more specifically the psychological contract and person?organization ethical fit with the goal of identifying, along with other things, what leaders can do to restore relationships with employees and rebuild the organization’s reputation in the eyes of various stakeholders.
Dworkin's important book is a collection of essays which discuss almost all of the great constitutional issues of the last two decades, including abortion, euthanasia, capital punishment, homosexuality, pornography, and free speech. Dworkin offers a consistently liberal view of the Constitution and argues that fidelity to it and to law demands that judges make moral judgments. He proposes that we all interpret the abstract language of the Constitution by reference to moral principles about political decency and justice. His 'moral reading' therefore brings political morality into the heart of constitutional law. The various chapters of this book were first published separately; now drawn together they provide the reader with a rich, full-length treatment of Dworkin's general theory of law.
As you read this, you are probably unaware of how your left foot feels in your shoe. Although your brain was receiving sensory input from this foot, you were not aware of your foot because you were reading and not attending to it. However, this discussion led you to move your attention to your left foot and to become aware of it. When I was a medical student, I saw a patient who was unaware of both the left side of his body and the left side of his environment. Unlike people in normal health, who when instructed can become aware of the left side of the body; this patient could not be made aware of his left arm or the left side of his environment. The patient's defect was so profound that despite being hungry he was unaware of food on the left side of his tray and did not recognize that his left arm belonged to him. This left-sided body and spatial unawareness could not be accounted for by a primary sensory defect. Although I knew that this man suffered from a large right-hemisphere stroke, I did not know the brain mechanisms that accounted for this profound example of unawareness. It was not until I had almost completed my neurology training in 1969 that I was able to return to this problem. At that time, most neuropsychological research was directed at understanding the language disorders associated with brain disease.
Cass and Hylton explain how technological advances strengthen the case for intellectual property laws, and argue convincingly that IP laws help create a wealthier, more successful, more innovative society than alternative legal systems. Ignoring the social value of IP rights and making what others create “free” would be a costly mistake indeed.
Following the fall of the Berlin Wall and demise of the Soviet Union, prominent Western thinkers began to suggest that liberal democracy had triumphed decisively on the world stage. Having banished fascism in World War II, liberalism had now buried communism, and the result would be an end of major ideological conflicts, as liberal norms and institutions spread to every corner of the globe. With the Brexit vote in Great Britain, the resurgence of right-wing populist parties across the European continent, and the surprising ascent of Donald Trump to the American presidency, such hopes have begun to seem hopelessly naïve. The far right is back, and serious rethinking is in order. In Dangerous Minds, Ronald Beiner traces the deepest philosophical roots of such right-wing ideologues as Richard Spencer, Aleksandr Dugin, and Steve Bannon to the writings of Nietzsche and Heidegger—and specifically to the aspects of their thought that express revulsion for the liberal-democratic view of life. Beiner contends that Nietzsche's hatred and critique of bourgeois, egalitarian societies has engendered new disciples on the populist right who threaten to overturn the modern liberal consensus. Heidegger, no less than Nietzsche, thoroughly rejected the moral and political values that arose during the Enlightenment and came to power in the wake of the French Revolution. Understanding Heideggerian dissatisfaction with modernity, and how it functions as a philosophical magnet for those most profoundly alienated from the reigning liberal-democratic order, Beiner argues, will give us insight into the recent and unexpected return of the far right. Beiner does not deny that Nietzsche and Heidegger are important thinkers; nor does he seek to expel them from the history of philosophy. But he does advocate that we rigorously engage with their influential thought in light of current events—and he suggests that we place their severe critique of modern liberal ideals at the center of this engagement.
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