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Author: Hadley Arkes
Publisher: Simon and Schuster
ISBN: 1684513014
Category : Law
Languages : en
Pages : 338
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Book Description
Hadley Arkes, groundbreaking legal philosopher and acolyte of legendary political thinker Leo Strauss, takes a sledgehammer to both legal relativism and originalism, arguing that the principles the Founders embodied in the U.S. Constitution are built in to the general human condition, and that the path away from national dysfunction and ruin lies in reinvigorating our understanding of these innate moral principles and reapplying them to modern life. Mere Natural Law seeks to recover, for a new generation, the understanding of natural law that has never been learned by the lawyers and judges of our day. And it does that in part by returning to the American Founders, in their understanding of those axioms, or necessary truths, that form the moral ground of our law.
Author: Hadley Arkes
Publisher: Simon and Schuster
ISBN: 1684513014
Category : Law
Languages : en
Pages : 338
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Book Description
Hadley Arkes, groundbreaking legal philosopher and acolyte of legendary political thinker Leo Strauss, takes a sledgehammer to both legal relativism and originalism, arguing that the principles the Founders embodied in the U.S. Constitution are built in to the general human condition, and that the path away from national dysfunction and ruin lies in reinvigorating our understanding of these innate moral principles and reapplying them to modern life. Mere Natural Law seeks to recover, for a new generation, the understanding of natural law that has never been learned by the lawyers and judges of our day. And it does that in part by returning to the American Founders, in their understanding of those axioms, or necessary truths, that form the moral ground of our law.
Author: Kristin Andrews
Publisher: Routledge
ISBN: 0429865619
Category : Philosophy
Languages : en
Pages : 124
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Book Description
Since 2013, an organization called the Nonhuman Rights Project has brought before the New York State courts an unusual request—asking for habeas corpus hearings to determine whether Kiko and Tommy, two captive chimpanzees, should be considered legal persons with the fundamental right to bodily liberty. While the courts have agreed that chimpanzees share emotional, behavioural, and cognitive similarities with humans, they have denied that chimpanzees are persons on superficial and sometimes conflicting grounds. Consequently, Kiko and Tommy remain confined as legal "things" with no rights. The major moral and legal question remains unanswered: are chimpanzees mere "things", as the law currently sees them, or can they be "persons" possessing fundamental rights? In Chimpanzee Rights: The Philosophers’ Brief, a group of renowned philosophers considers these questions. Carefully and clearly, they examine the four lines of reasoning the courts have used to deny chimpanzee personhood: species, contract, community, and capacities. None of these, they argue, merits disqualifying chimpanzees from personhood. The authors conclude that when judges face the choice between seeing Kiko and Tommy as things and seeing them as persons—the only options under current law—they should conclude that Kiko and Tommy are persons who should therefore be protected from unlawful confinement "in keeping with the best philosophical standards of rational judgment and ethical standards of justice." Chimpanzee Rights: The Philosophers’ Brief—an extended version of the amicus brief submitted to the New York Court of Appeals in Kiko’s and Tommy’s cases—goes to the heart of fundamental issues concerning animal rights, personhood, and the question of human and nonhuman nature. It is essential reading for anyone interested in these issues.
Author: Adam B. Cox
Publisher: Oxford University Press
ISBN: 0190694386
Category : Law
Languages : en
Pages : 361
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Book Description
Who controls American immigration policy? The biggest immigration controversies of the last decade have all involved policies produced by the President policies such as President Obama's decision to protect Dreamers from deportation and President Trump's proclamation banning immigrants from several majority-Muslim nations. While critics of these policies have been separated by a vast ideological chasm, their broadsides have embodied the same widely shared belief: that Congress, not the President, ought to dictate who may come to the United States and who will be forced to leave. This belief is a myth. In The President and Immigration Law, Adam B. Cox and Cristina M. Rodríguez chronicle the untold story of how, over the course of two centuries, the President became our immigration policymaker-in-chief. Diving deep into the history of American immigration policy from founding-era disputes over deporting sympathizers with France to contemporary debates about asylum-seekers at the Southern border they show how migration crises, real or imagined, have empowered presidents. Far more importantly, they also uncover how the Executive's ordinary power to decide when to enforce the law, and against whom, has become an extraordinarily powerful vehicle for making immigration policy. This pathbreaking account helps us understand how the United States ?has come to run an enormous shadow immigration system-one in which nearly half of all noncitizens in the country are living in violation of the law. It also provides a blueprint for reform, one that accepts rather than laments the role the President plays in shaping the national community, while also outlining strategies to curb the abuse of law enforcement authority in immigration and beyond.
Author: Markus D. Dubber
Publisher: Oxford University Press
ISBN: 0192513133
Category : Law
Languages : en
Pages : 1201
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Book Description
Some of the most exciting and innovative legal scholarship has been driven by historical curiosity. Legal history today comes in a fascinating array of shapes and sizes, from microhistory to global intellectual history. Legal history has expanded beyond traditional parochial boundaries to become increasingly international and comparative in scope and orientation. Drawing on scholarship from around the world, and representing a variety of methodological approaches, areas of expertise, and research agendas, this timely compendium takes stock of legal history and methodology and reflects on the various modes of the historical analysis of law, past, present, and future. Part I explores the relationship between legal history and other disciplinary perspectives including economic, philosophical, comparative, literary, and rhetorical analysis of law. Part II considers various approaches to legal history, including legal history as doctrinal, intellectual, or social history. Part III focuses on the interrelation between legal history and jurisprudence by investigating the role and conception of historical inquiry in various models, schools, and movements of legal thought. Part IV traces the place and pursuit of historical analysis in various legal systems and traditions across time, cultures, and space. Finally, Part V narrows the Handbooks focus to explore several examples of legal history in action, including its use in various legal doctrinal contexts.
Author: Lincoln Caplan
Publisher: Alfred A. Knopf
ISBN:
Category : Law
Languages : en
Pages : 360
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Book Description
Of all the nation's public officials, the Solicitor General is the only one required by statute to be "learned in the law." Although he serves in the Department of Justice, he also has permanent chambers in the Supreme Court. The fact that he keeps offices at these two distinct institutions underscores his special role.
Author: Rohit De
Publisher: Princeton University Press
ISBN: 0691210381
Category : History
Languages : en
Pages : 308
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Book Description
It has long been contended that the Indian Constitution of 1950, a document in English created by elite consensus, has had little influence on India’s greater population. Drawing upon the previously unexplored records of the Supreme Court of India, A People’s Constitution upends this narrative and shows how the Constitution actually transformed the daily lives of citizens in profound and lasting ways. This remarkable legal process was led by individuals on the margins of society, and Rohit De looks at how drinkers, smugglers, petty vendors, butchers, and prostitutes—all despised minorities—shaped the constitutional culture. The Constitution came alive in the popular imagination so much that ordinary people attributed meaning to its existence, took recourse to it, and argued with it. Focusing on the use of constitutional remedies by citizens against new state regulations seeking to reshape the society and economy, De illustrates how laws and policies were frequently undone or renegotiated from below using the state’s own procedures. De examines four important cases that set legal precedents: a Parsi journalist’s contestation of new alcohol prohibition laws, Marwari petty traders’ challenge to the system of commodity control, Muslim butchers’ petition against cow protection laws, and sex workers’ battle to protect their right to practice prostitution. Exploring how the Indian Constitution of 1950 enfranchised the largest population in the world, A People’s Constitution considers the ways that ordinary citizens produced, through litigation, alternative ethical models of citizenship.
Author: Daniel J Solove
Publisher: NYU Press
ISBN: 0814740375
Category : Computers
Languages : en
Pages : 295
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Book Description
Daniel Solove presents a startling revelation of how digital dossiers are created, usually without the knowledge of the subject, & argues that we must rethink our understanding of what privacy is & what it means in the digital age before addressing the need to reform the laws that regulate it.
Author: Charles R. Epp
Publisher: University of Chicago Press
ISBN: 9780226211626
Category : Law
Languages : en
Pages : 348
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Book Description
List of Tables and FiguresAcknowledgments1: Introduction 2: The Conditions for the Rights Revolution: Theory 3: The United States: Standard Explanations for the Rights Revolution 4: The Support Structure and the U.S. Rights Revolution 5: India: An Ideal Environment for a Rights Revolution? 6: India's Weak Rights Revolution and Its Handicap 7: Britain: An Inhospitable Environment for a Rights Revolution? 8: Britain's Modest Rights Revolution and Its Sources 9: Canada: A Great Experiment in Constitutional Engineering 10: Canada's Dramatic Rights Revolution and Its Sources 11: Conclusion: Constitutionalism, Judicial Power, and Rights App: Selected Constitutional or Quasi-Constitutional Rights Provisions for the United States, India, Britain, and Canada Notes Bibliography Index Copyright © Libri GmbH. All rights reserved.
Author: D. Kelly Weisberg
Publisher: Temple University Press
ISBN: 9781439901366
Category : Law
Languages : en
Pages : 1206
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Book Description
This book, the second of two volumes, examines the pressing issues that affect women--pornography, prostitution, battery, rape, pay equity, sexual harassment, motherhood, abortion, adoption, new reproductive technologies--and considers them through the lens of feminist legal theory. It features more than sixty articles by well-known legal scholars and feminists. The contributions are arranged thematically and include an introduction and comprehensive literature review by the editor. Applications of Feminist Legal Theory to Women's Lives will be a valuable text for students, a resource for scholars and policy makers, and a useful introduction for general readers.
Author: Leah Cardamore Stokes
Publisher:
ISBN: 9780190063726
Category : Civil rights
Languages : en
Pages :
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Book Description
"Charges, denials, and countercharges of bigotry are increasingly frequent in the U.S. Bigotry is a fraught and contested term, evident from the rejoinder that calling out bigotry is political correctness. That is so even though renouncing- and denouncing-bigotry seems to be a shared political value with a long history. Identifying, responding to, and preventing bigotry have engaged the efforts of many people. People disagree, however, over who is a bigot and what makes a belief, attitude, or action bigoted. This book argues that bigotry has both a backward- and forward-looking dimension. We learn bigotry's meaning by looking to the past, but bigotry also has an important forward-looking dimension. Past examples of bigotry on which there is consensus become the basis for prospective judgments about analogous forms of bigotry. The rhetoric of bigotry-how people use such words as "bigot," "bigoted," and "bigotry"-poses puzzles that urgently demand attention. Those include whether bigotry concerns the motivation for or the content of a belief or action; whether reasonableness is a defense to charges of bigotry; whether the bigot is a distinct type, or whether we are all a bit bigoted; and whether "bigotry" is the term society gives to beliefs that now are beyond the pale. This book addresses those puzzles by examining prior controversies over interfaith and interracial marriage and the recent controversy over same-sex marriage, as well as controversies over landmark civil rights law and more recent conflicts between religious liberty and state antidiscrimination laws protecting LGBTQ persons"--
