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| Author | : Jim Tunney |
| Publisher | : Griffin Publishing Group |
| Total Pages | : 340 |
| Release | : 1995-04 |
| Genre | : Biography & Autobiography |
| ISBN | : 9781882180462 |
With a unique perspective sure to fascinate, amuse and inspire, Jim Tunney answers every fan's question: Why would anyone want to be an NFL referee?
| Author | : Richard Kirby |
| Publisher | : |
| Total Pages | : 44 |
| Release | : 1690 |
| Genre | : |
| ISBN | : |
| Author | : American Bar Association. House of Delegates |
| Publisher | : American Bar Association |
| Total Pages | : 216 |
| Release | : 2007 |
| Genre | : Law |
| ISBN | : 9781590318737 |
The Model Rules of Professional Conduct provides an up-to-date resource for information on legal ethics. Federal, state and local courts in all jurisdictions look to the Rules for guidance in solving lawyer malpractice cases, disciplinary actions, disqualification issues, sanctions questions and much more. In this volume, black-letter Rules of Professional Conduct are followed by numbered Comments that explain each Rule's purpose and provide suggestions for its practical application. The Rules will help you identify proper conduct in a variety of given situations, review those instances where discretionary action is possible, and define the nature of the relationship between you and your clients, colleagues and the courts.
| Author | : D. D. Raphael |
| Publisher | : Clarendon Press |
| Total Pages | : 160 |
| Release | : 2007-01-25 |
| Genre | : Philosophy |
| ISBN | : 0191526649 |
D. D. Raphael provides a critical account of the moral philosophy of Adam Smith, presented in his first book, The Theory of Moral Sentiments. Whilst it does not have the same prominence in its field as his work on economics, The Wealth of Nations, Smith's writing on ethics is of continuing importance and interest today, especially for its theory of conscience. Smith sees the origin of conscience in the sympathetic and antipathetic feelings of spectators. As spectators of the actions of other people, we can imagine how we would feel in their situation. If we would share their motives, we approve of their action. If not, we disapprove. When we ourselves take an action, we know from experience what spectators would feel, approval or disapproval. That knowledge forms conscience, an imagined impartial spectator who tells us whether an action is right or wrong. In describing the content of moral judgement, Smith is much influenced by Stoic ethics, with an emphasis on self-command, but he voices criticism as well as praise. His own position is a combination of Stoic and Christian values. There is a substantial difference between the first five editions of the Moral Sentiments and the sixth. Failure to take account of this has led some commentators to mistaken views about the supposed youthful idealism of the Moral Sentiments as contrasted with the mature realism of The Wealth of Nations. A further source of error has been the supposition that Smith treats sympathy as the motive of moral action, as contrasted with the supposedly universal motive of self-interest in The Wealth of Nations.
| Author | : Richard A. Posner |
| Publisher | : Harvard University Press |
| Total Pages | : 399 |
| Release | : 2010-05-01 |
| Genre | : Law |
| ISBN | : 0674033833 |
A distinguished and experienced appellate court judge, Richard A. Posner offers in this new book a unique and, to orthodox legal thinkers, a startling perspective on how judges and justices decide cases. When conventional legal materials enable judges to ascertain the true facts of a case and apply clear pre-existing legal rules to them, Posner argues, they do so straightforwardly; that is the domain of legalist reasoning. However, in non-routine cases, the conventional materials run out and judges are on their own, navigating uncharted seas with equipment consisting of experience, emotions, and often unconscious beliefs. In doing so, they take on a legislative role, though one that is confined by internal and external constraints, such as professional ethics, opinions of respected colleagues, and limitations imposed by other branches of government on freewheeling judicial discretion. Occasional legislators, judges are motivated by political considerations in a broad and sometimes a narrow sense of that term. In that open area, most American judges are legal pragmatists. Legal pragmatism is forward-looking and policy-based. It focuses on the consequences of a decision in both the short and the long term, rather than on its antecedent logic. Legal pragmatism so understood is really just a form of ordinary practical reasoning, rather than some special kind of legal reasoning. Supreme Court justices are uniquely free from the constraints on ordinary judges and uniquely tempted to engage in legislative forms of adjudication. More than any other court, the Supreme Court is best understood as a political court.
| Author | : Hannah Arendt |
| Publisher | : Schocken |
| Total Pages | : 336 |
| Release | : 2009-04-02 |
| Genre | : Philosophy |
| ISBN | : 0307544052 |
Each of the books that Hannah Arendt published in her lifetime was unique, and to this day each continues to provoke fresh thought and interpretations. This was never more true than for Eichmann in Jerusalem, her account of the trial of Adolf Eichmann, where she first used the phrase “the banality of evil.” Her consternation over how a man who was neither a monster nor a demon could nevertheless be an agent of the most extreme evil evoked derision, outrage, and misunderstanding. The firestorm of controversy prompted Arendt to readdress fundamental questions and concerns about the nature of evil and the making of moral choices. Responsibility and Judgment gathers together unpublished writings from the last decade of Arendt’s life, as she struggled to explicate the meaning of Eichmann in Jerusalem. At the heart of this book is a profound ethical investigation, “Some Questions of Moral Philosophy”; in it Arendt confronts the inadequacy of traditional moral “truths” as standards to judge what we are capable of doing, and she examines anew our ability to distinguish good from evil and right from wrong. We see how Arendt comes to understand that alongside the radical evil she had addressed in earlier analyses of totalitarianism, there exists a more pernicious evil, independent of political ideology, whose execution is limitless when the perpetrator feels no remorse and can forget his acts as soon as they are committed. Responsibility and Judgment is an essential work for understanding Arendt’s conception of morality; it is also an indispensable investigation into some of the most troubling and important issues of our time.
| Author | : Richard H. Hiers |
| Publisher | : A&C Black |
| Total Pages | : 257 |
| Release | : 2009-12-14 |
| Genre | : Religion |
| ISBN | : 0567269094 |
Annotation. Richard Hiers provides a new consideration biblical law with an emphasis upon the underlying justice and compassion implicit within. Special consideration is given to matters of civil law, the death penalty, and due process.
| Author | : Douglas E. Edlin |
| Publisher | : University of Michigan Press |
| Total Pages | : 281 |
| Release | : 2020-03-06 |
| Genre | : Political Science |
| ISBN | : 0472902342 |
Are judges supposed to be objective? Citizens, scholars, and legal professionals commonly assume that subjectivity and objectivity are opposites, with the corollary that subjectivity is a vice and objectivity is a virtue. These assumptions underlie passionate debates over adherence to original intent and judicial activism. In Common Law Judging, Douglas Edlin challenges these widely held assumptions by reorienting the entire discussion. Rather than analyze judging in terms of objectivity and truth, he argues that we should instead approach the role of a judge’s individual perspective in terms of intersubjectivity and validity. Drawing upon Kantian aesthetic theory as well as case law, legal theory, and constitutional theory, Edlin develops a new conceptual framework for the respective roles of the individual judge and of the judiciary as an institution, as well as the relationship between them, as integral parts of the broader legal and political community. Specifically, Edlin situates a judge’s subjective responses within a form of legal reasoning and reflective judgment that must be communicated to different audiences. Edlin concludes that the individual values and perspectives of judges are indispensable both to their judgments in specific cases and to the independence of the courts. According to the common law tradition, judicial subjectivity is a virtue, not a vice.
| Author | : Patricia Cochran |
| Publisher | : McGill-Queen's Press - MQUP |
| Total Pages | : |
| Release | : 2017-11-27 |
| Genre | : Law |
| ISBN | : 0773552324 |
What does it mean when a judge in a court of law uses the phrase “common sense”? Is it a type of evidence or a mode of reasoning? In a world characterized by material and political inequalities, whose common sense should inform the law? Common Sense and Legal Judgment explores this rhetorically powerful phrase, arguing that common sense, when invoked in political and legal discourses without adequate reflection, poses a threat to the quality and legitimacy of legal judgment. Often operating in the service of conservatism, populism, or majoritarianism, common sense can harbour stereotypes, reproduce unjust power relations, and silence marginalized people. Nevertheless, drawing the works of theorists such as Thomas Reid, Antonio Gramsci, and Hannah Arendt into conversation with rulings by the Supreme Court of Canada, Patricia Cochran demonstrates that with careful attention, the democratic, egalitarian, and community-sustaining aspects of common sense can be brought to light. A call for critical self-reflection and the close scrutiny of power relationships and social contexts, this book is a direct response to social justice predicaments and their confounding relationships to law. Creative and interdisciplinary, Common Sense and Legal Judgment reinvigorates feminist and anti-poverty understandings of judgment, knowledge, justice, and accountability.
| Author | : Bernard Gert |
| Publisher | : Oxford University Press, USA |
| Total Pages | : 426 |
| Release | : 1998 |
| Genre | : Ethics |
| ISBN | : 0195122569 |
In this final revision of the classic work, the author has produced the fullest and most sophisticated account of this influential theoretical model. Here, he makes clear that morality is an informal system that does not provide unique answers to every moral question but does always limit the range of morally acceptable options, and so explains why some moral disagreements cannot be resolved. The importance placed on the moral ideals also makes clear that the moral rules are only one part of the moral system. A chapter that is devoted to justifying violations of the rules illustrates how the moral rules are embedded in the system and cannot be adequately understood independently of it. The chapter on reasons includes a new account of what makes one reason better than another and elucidates the complex hybrid nature of rationality.
