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Author: Melvin I. Urofsky
Publisher: Vintage
ISBN: 030774132X
Category : Law
Languages : en
Pages : 546
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Book Description
“Highly illuminating ... for anyone interested in the Constitution, the Supreme Court, and the American democracy, lawyer and layperson alike." —The Los Angeles Review of Books In his major work, acclaimed historian and judicial authority Melvin Urofsky examines the great dissents throughout the Court’s long history. Constitutional dialogue is one of the ways in which we as a people reinvent and reinvigorate our democratic society. The Supreme Court has interpreted the meaning of the Constitution, acknowledged that the Court’s majority opinions have not always been right, and initiated a critical discourse about what a particular decision should mean before fashioning subsequent decisions—largely through the power of dissent. Urofsky shows how the practice grew slowly but steadily, beginning with the infamous and now overturned case of Dred Scott v. Sandford (1857) during which Chief Justice Roger Taney’s opinion upheld slavery and ending with the present age of incivility, in which reasoned dialogue seems less and less possible. Dissent on the court and off, Urofsky argues in this major work, has been a crucial ingredient in keeping the Constitution alive and must continue to be so.
Author: Melvin I. Urofsky
Publisher: Vintage
ISBN: 030774132X
Category : Law
Languages : en
Pages : 546
Get Book Here
Book Description
“Highly illuminating ... for anyone interested in the Constitution, the Supreme Court, and the American democracy, lawyer and layperson alike." —The Los Angeles Review of Books In his major work, acclaimed historian and judicial authority Melvin Urofsky examines the great dissents throughout the Court’s long history. Constitutional dialogue is one of the ways in which we as a people reinvent and reinvigorate our democratic society. The Supreme Court has interpreted the meaning of the Constitution, acknowledged that the Court’s majority opinions have not always been right, and initiated a critical discourse about what a particular decision should mean before fashioning subsequent decisions—largely through the power of dissent. Urofsky shows how the practice grew slowly but steadily, beginning with the infamous and now overturned case of Dred Scott v. Sandford (1857) during which Chief Justice Roger Taney’s opinion upheld slavery and ending with the present age of incivility, in which reasoned dialogue seems less and less possible. Dissent on the court and off, Urofsky argues in this major work, has been a crucial ingredient in keeping the Constitution alive and must continue to be so.
Author: Neil Duxbury
Publisher: Cambridge University Press
ISBN: 1108898815
Category : Law
Languages : en
Pages : 520
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Book Description
Common-law judgments tend to be more than merely judgments, for judges often make pronouncements that they need not have made had they kept strictly to the task in hand. Why do they do this? The Intricacies of Dicta and Dissent examines two such types of pronouncement, obiter dicta and dissenting opinions, primarily as aspects of English case law. Neil Duxbury shows that both of these phenomena have complex histories, have been put to a variety of uses, and are not amenable to being straightforwardly categorized as secondary sources of law. This innovative and unusual study casts new light on – and will prompt lawyers to pose fresh questions about – the common law tradition and the nature of judicial decision-making.
Author: Steven H. Shiffrin
Publisher: Princeton University Press
ISBN: 0691070237
Category : Language Arts & Disciplines
Languages : en
Pages : 219
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Book Description
Americans should not just tolerate dissent. They should encourage it. In this provocative and wide-ranging book, Steven Shiffrin makes this case by arguing that dissent should be promoted because it lies at the heart of a core American value: free speech. He contends, however, that the country's major institutions--including the Supreme Court and the mass media--wrongly limit dissent. And he reflects on how society and the law should change to encourage nonconformity. Shiffrin is one of the country's leading first-amendment theorists. He advances his dissent-based theory of free speech with careful reference to its implications for such controversial topics of constitutional debate as flag burning, cigarette advertising, racist speech, and subsidizing the arts. He shows that a dissent-based approach would offer strong protection for free speech--he defends flag burning as a legitimate form of protest, for example--but argues that it would still allow for certain limitations on activities such as hate speech and commercial speech. Shiffrin adds that a dissent-based approach reveals weaknesses in the approaches to free speech taken by postmodernism, Republicanism, deliberative democratic theory, outsider jurisprudence, and liberal theory. Throughout the book, Shiffrin emphasizes the social functions of dissent: its role in combating injustice and its place in cultural struggles over the meanings of America. He argues, for example, that if we took a dissent-based approach to free speech seriously, we would no longer accept the unjust fact that public debate is dominated by the voices of the powerful and the wealthy. To ensure that more voices are heard, he argues, the country should take such steps as making defamation laws more hospitable to criticism of powerful people, loosening the grip of commercial interests on the media, and ensuring that young people are taught the importance of challenging injustice. Powerfully and clearly argued, Shiffrin's book is a major contribution to debate about one of the most important subjects in American public life.
Author: Ruth Bader Ginsburg
Publisher: Simon and Schuster
ISBN: 166720114X
Category : Political Science
Languages : en
Pages : 428
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Book Description
A collection of key dissenting and majority opinions from U.S. Supreme Court justice Ruth Bader Ginsburg. During her 27 years as an associate justice on the U.S. Supreme Court, Ruth Bader Ginsburg became well known for her strongly worded dissenting opinions against the decisions of the conservative majority. Ginsburg was a fierce supporter of women’s rights whose personal experiences helped shape her into a feminist icon who employed logical, well-presented arguments to show that gender discrimination was harmful to all members of society. Ruth Bader Ginsburg Dissents features 15 legal opinions and briefs, including majority and dissenting opinions that Ginsburg drafted during her time on the U.S. Supreme Court and briefs from her career before she was appointed to the court in 1993.
Author: Antonin Scalia
Publisher: Simon and Schuster
ISBN: 1596987006
Category : Biography & Autobiography
Languages : en
Pages : 321
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Book Description
Brilliant. Colorful. Visionary. Tenacious. Witty. Since his appointment to the Supreme Court in 1986, Associate Justice Antonin Scalia has been described as all of these things and for good reason. He is perhaps the best-known justice on the Supreme Court today and certainly the most controversial. Yet most Americans have probably not read even one of his several hundred Supreme Court opinions. In Scalia Dissents, Kevin Ring, former counsel to the U.S. Senate's Constitution Subcommittee, lets Justice Scalia speak for himself. This volume—the first of its kind— showcases the quotable justice's take on many of today's most contentious constitutional debates. Scalia Dissentscontains over a dozen of the justice's most compelling and controversial opinions. Ring also provides helpful background on the opinions and a primer on Justice Scalia's judicial philosophy. Scalia Dissents is the perfect book for readers who love scintillating prose and penetrating insight on the most important constitutional issues of our time.
Author: Nancy E. Johnson
Publisher: Cambridge University Press
ISBN: 1108266223
Category : Literary Criticism
Languages : en
Pages :
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Book Description
Mary Wollstonecraft (1759–1797) was one of the most influential and controversial women of her age. No writer, except perhaps her political foe, Edmund Burke, and her fellow reformer, Thomas Paine, inspired more intense reactions. In her brief literary career before her untimely death in 1797, Wollstonecraft achieved remarkable success in an unusually wide range of genres: from education tracts and political polemics, to novels and travel writing. Just as impressive as her expansive range was the profound evolution of her thinking in the decade when she flourished as an author. In this collection of essays, leading international scholars reveal the intricate biographical, critical, cultural, and historical context crucial for understanding Mary Wollstonecraft's oeuvre. Chapters on British radicalism and conservatism, French philosophes and English Dissenters, constitutional law and domestic law, sentimental literature, eighteenth-century periodicals and more elucidate Wollstonecraft's social and political thought, historical writings, moral tales for children, and novels.
Author: Valerie Smith
Publisher: Boydell & Brewer
ISBN: 1783275669
Category : History
Languages : en
Pages : 369
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Book Description
Rational Dissent was a branch of Protestant religious nonconformity which emerged to prominence in England between c. 1770 and c. 1800. While small, the movement provoked fierce opposition from both Anglicans and Orthodox Dissenters.
Author: Ronald K. L. Collins
Publisher: Cambridge University Press
ISBN: 0521767199
Category : Law
Languages : en
Pages : 201
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Book Description
America values dissent. It tolerates, encourages, and protects it. But what is this thing we value? That is a question never asked. "Dissent" is treated as a known fact. For all that has been said about dissent - in books, articles, judicial opinions, and popular culture - it is remarkable that no one has devoted much, if any, ink to explaining what dissent is. No one has attempted to sketch its philosophical, linguistic, legal, or cultural meanings or usages. There is a need to develop some clarity about this phenomenon we call dissent, for not every difference of opinion, symbolic gesture, public activity in opposition to government policy, incitement to direct action, revolutionary effort, or political assassination need be tagged dissent. In essence, we have no conceptual yardstick. It is just that measure of meaning that On Dissent offers.
Author: Jeremy Prestholdt
Publisher: Oxford University Press, USA
ISBN: 0190632143
Category : History
Languages : en
Pages : 343
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Book Description
Author traces the development of shared global imagery and asks why the world has embraced these controversial figures
Author: Louise Hickman
Publisher: Routledge
ISBN: 1317228510
Category : Philosophy
Languages : en
Pages : 323
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Book Description
Eighteenth-Century Dissent and Cambridge Platonism identifies an ethically and politically engaged philosophy of religion in eighteenth century Rational Dissent, particularly in the work of Richard Price (1723-1791), and in the radical thought of Mary Wollstonecraft. It traces their ethico-political account of reason, natural theology and human freedom back to seventeenth century Cambridge Platonism and thereby shows how popular histories of the philosophy of religion in modernity have been over-determined both by analytic philosophy of religion and by its critics. The eighteenth century has typically been portrayed as an age of reason, defined as a project of rationalism, liberalism and increasing secularisation, leading inevitably to nihilism and the collapse of modernity. Within this narrative, the Rational Dissenters have been accused of being the culmination of eighteenth-century rationalism in Britain, epitomising the philosophy of modernity. This book challenges this reading of history by highlighting the importance of teleology, deiformity, the immutability of goodness and the divinity of reason within the tradition of Rational Dissent, and it demonstrates that the philosophy and ethics of both Price and Wollstonecraft are profoundly theological. Price’s philosophy of political liberty, and Wollstonecraft’s feminism, both grounded in a Platonic conception of freedom, are perfectionist and radical rather than liberal. This has important implications for understanding the political nature of eighteenth-century philosophical theology: these thinkers represent not so much a shaking off of religion by secular rationality but a challenge to religious and political hegemony. By distinguishing Price and Wollstonecraft from other forms of rationalism including deism and Socinianism, this book takes issue with the popular division of eighteenth-century philosophy into rationalistic and empirical strands and, through considering the legacy of Cambridge Platonism, draws attention to an alternative philosophy of religion that lies between both empiricism and discursive inference.
