Reason, Passion, and the Progress of the Law
Author | : William J. Brennan |
Publisher | : |
Total Pages | : 52 |
Release | : 1987 |
Genre | : Judicial process |
ISBN | : |
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Author | : William J. Brennan |
Publisher | : |
Total Pages | : 52 |
Release | : 1987 |
Genre | : Judicial process |
ISBN | : |
Author | : Susan Bandes |
Publisher | : NYU Press |
Total Pages | : 383 |
Release | : 2000 |
Genre | : Law |
ISBN | : 081471305X |
Scholars of law, theology, political science, and philosophy evaluate the role of emotion in the practice and conception of law and justice. Exploring the part that emotions such as disgust, shame, remorse, the desire for revenge, and love, all play in legal settings, the authors debate the ways that emotion should or should not be used in the decision making processes of judges, lawyers, and juries, and explore the possibility of an emotional hierarchy, and ways to evaluate emotion in sensational cases, such as death sentencing and hate crimes. Annotation copyrighted by Book News, Inc., Portland, OR
Author | : Brennan Center for Justice |
Publisher | : W. W. Norton & Company |
Total Pages | : 348 |
Release | : 1997 |
Genre | : Civil rights |
ISBN | : 9780393041101 |
During his 34 years as a member of the Supreme Court, Justice William J. Brennan played a role in shaping American justice and society that is equaled by few others. Here Tom Wicker, anna Quindlen, Alan Dershowitz, Chief Justice William Rehnquist, and a host of others explore Justice Brennan's tremendous impact on civil liberties, criminal justice, equality, and government in a collection of colorful, passionate essays.
Author | : Andrea Sangiacomo |
Publisher | : Oxford University Press, USA |
Total Pages | : 257 |
Release | : 2020-01-19 |
Genre | : Philosophy |
ISBN | : 0198847904 |
Spinoza's thought is at the centre of an ever growing interest. Spinoza's moral philosophy, in particular, points to a radical way of understanding how human beings can become free and enjoy supreme happiness. And yet, there is still much disagreement about how exactly Spinoza's recipe is supposed to work. For long time, Spinoza has been presented as an arch rationalist who would identify in the purely intellectual cultivation of reason the key for ethical progress. Andrea Sangiacomo offers a new understanding of Spinoza's project, by showing how he himself struggled during his career to develop a moral philosophy that could speak to human beings as they actually are (imperfect, passionate, often not very rational). Spinoza's views significantly evolved over time. In his early writings, Spinoza's account of ethical progress towards the Supreme Good relies mostly on the idea that the mind can build on its innate knowledge to resist the power of the passions. Although appropriate social conditions may support the individual's pursuit of the Supreme Good, achieving it does not depend essentially on social factors. In Spinoza's later writings, however, the emphasis shifts towards the mind's need to rely on appropriate forms of social cooperation. Reason becomes the mental expression of the way the human body interacts with external causes on the basis of some degree of agreement in nature with them. The greater the agreement, the greater the power of reason to adequately understand universal features as well as more specific traits of the external causes. In the case of human beings, certain kinds of social cooperation are crucial for the development of reason. This view has crucial ramifications for Spinoza's account of how individuals can progress towards the Supreme Good and how a political science based on Spinoza's principles can contribute to this goal.
Author | : Goodwin Liu |
Publisher | : Oxford University Press |
Total Pages | : 274 |
Release | : 2010-08-05 |
Genre | : Law |
ISBN | : 0199752834 |
Chief Justice John Marshall argued that a constitution "requires that only its great outlines should be marked [and] its important objects designated." Ours is "intended to endure for ages to come, and consequently, to be adapted to the various crises of human affairs." In recent years, Marshall's great truths have been challenged by proponents of originalism and strict construction. Such legal thinkers as Supreme Court Justice Antonin Scalia argue that the Constitution must be construed and applied as it was when the Framers wrote it. In Keeping Faith with the Constitution, three legal authorities make the case for Marshall's vision. They describe their approach as "constitutional fidelity"--not to how the Framers would have applied the Constitution, but to the text and principles of the Constitution itself. The original understanding of the text is one source of interpretation, but not the only one; to preserve the meaning and authority of the document, to keep it vital, applications of the Constitution must be shaped by precedent, historical experience, practical consequence, and societal change. The authors range across the history of constitutional interpretation to show how this approach has been the source of our greatest advances, from Brown v. Board of Education to the New Deal, from the Miranda decision to the expansion of women's rights. They delve into the complexities of voting rights, the malapportionment of legislative districts, speech freedoms, civil liberties and the War on Terror, and the evolution of checks and balances. The Constitution's framers could never have imagined DNA, global warming, or even women's equality. Yet these and many more realities shape our lives and outlook. Our Constitution will remain vital into our changing future, the authors write, if judges remain true to this rich tradition of adaptation and fidelity.
Author | : Douglas Lind |
Publisher | : |
Total Pages | : 392 |
Release | : 2001 |
Genre | : Judicial process |
ISBN | : 9780965727327 |
Author | : Jay Feinman |
Publisher | : Oxford University Press |
Total Pages | : 377 |
Release | : 2014-08-01 |
Genre | : Law |
ISBN | : 0199341702 |
In each of the first three editions of the bestselling Law 101, Jay Feinman gave readers an upbeat and vivid examination of the American legal system. Since the third edition was published in 2010, much has happened: several key Supreme Court cases have been decided, we've seen sensational criminal trials, and the legal system has had to account for the latest developments in Internet law. This fully updated fourth edition of Law 101 accounts for all this and more, as Feinman once again provides a clear introduction to American law. The book covers all the main subjects taught in the first year of law school, and discusses every facet of the American legal tradition, including constitutional law, the litigation process, and criminal, property, and contracts law. To accomplish this, Feinman brings in the most noteworthy, infamous, and often outrageous examples and cases. We learn about the case involving scalding coffee that cost McDonald's half a million dollars, the murder trial in Victorian London that gave us the legal definition of insanity, and the epochal decision of Marbury vs. Madison that gave the Supreme Court the power to declare state and federal law unconstitutional. A key to learning about the law is learning legal vocabulary, and Feinman helps by clarifying terms like "due process" and "equal protection," as well as by drawing distinctions between terms like "murder" and "manslaughter." Above all, though, is that Feinman reveals to readers of all kinds that despite its complexities and quirks, the law is can be understood by everyone. Perfect for students contemplating law school, journalists covering legislature, or even casual fans of "court-television" shows, Law 101 is a clear and accessible introduction to the American legal system. New to this edition: Featured analysis of: -the Obamacare case -Citizens United -the DOMA decision -the Trayvon Martin case As well as recent legal developments pertaining to: -online contracting -mortgages -police investigations -criminal sentencing
Author | : Susan A. Bandes |
Publisher | : Edward Elgar Publishing |
Total Pages | : 640 |
Release | : 2021-04-30 |
Genre | : Law |
ISBN | : 1788119088 |
This illuminating Research Handbook analyses the role that emotions play and ought to play in legal reasoning and practice, rejecting the simplistic distinction between reason and emotion.
Author | : Ronald Dworkin |
Publisher | : |
Total Pages | : 0 |
Release | : 2011-11 |
Genre | : Law |
ISBN | : 9788175342569 |
In 'Law's Empire', Ronald Dworkin relects on the nature of the law, its authority, its application in democracy, the prominent role of interpretation in judgement and the relations of lawmakers and lawgivers in the community.
Author | : Stuart Banner |
Publisher | : Oxford University Press |
Total Pages | : 265 |
Release | : 2021 |
Genre | : Common law |
ISBN | : 0197556493 |
The law of nature -- The common law -- The adoption of written constitutions -- The separation of law and religion -- The explosion in law publishing -- The two-sidedness of natural law -- The decline of natural law and custom --Substitutes for natural law -- Echoes of natural law.