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Author: Adrian Vermeule
Publisher: Harvard University Press
ISBN: 0674974719
Category : Law
Languages : en
Pages : 267
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Book Description
Ronald Dworkin once imagined law as an empire and judges as its princes. But over time, the arc of law has bent steadily toward deference to the administrative state. Adrian Vermeule argues that law has freely abandoned its imperial pretensions, and has done so for internal legal reasons. In area after area, judges and lawyers, working out the logical implications of legal principles, have come to believe that administrators should be granted broad leeway to set policy, determine facts, interpret ambiguous statutes, and even define the boundaries of their own jurisdiction. Agencies have greater democratic legitimacy and technical competence to confront many issues than lawyers and judges do. And as the questions confronting the state involving climate change, terrorism, and biotechnology (to name a few) have become ever more complex, legal logic increasingly indicates that abnegation is the wisest course of action. As Law’s Abnegation makes clear, the state did not shove law out of the way. The judiciary voluntarily relegated itself to the margins of power. The last and greatest triumph of legalism was to depose itself.
Author: Adrian Vermeule
Publisher: Harvard University Press
ISBN: 0674974719
Category : Law
Languages : en
Pages : 267
Get Book Here
Book Description
Ronald Dworkin once imagined law as an empire and judges as its princes. But over time, the arc of law has bent steadily toward deference to the administrative state. Adrian Vermeule argues that law has freely abandoned its imperial pretensions, and has done so for internal legal reasons. In area after area, judges and lawyers, working out the logical implications of legal principles, have come to believe that administrators should be granted broad leeway to set policy, determine facts, interpret ambiguous statutes, and even define the boundaries of their own jurisdiction. Agencies have greater democratic legitimacy and technical competence to confront many issues than lawyers and judges do. And as the questions confronting the state involving climate change, terrorism, and biotechnology (to name a few) have become ever more complex, legal logic increasingly indicates that abnegation is the wisest course of action. As Law’s Abnegation makes clear, the state did not shove law out of the way. The judiciary voluntarily relegated itself to the margins of power. The last and greatest triumph of legalism was to depose itself.
Author: Robert Boyers
Publisher: Scribner
ISBN: 198212718X
Category : Education
Languages : en
Pages : 192
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Book Description
From public intellectual and professor Robert Boyers, “a powerfully persuasive, insightful, and provocative prose that mixes erudition and first-hand reportage” (Joyce Carol Oates) addressing recent developments in American culture and arguing for the tolerance of difference that is at the heart of the liberal tradition. Written from the perspective of a liberal intellectual who has spent a lifetime as a writer, editor, and college professor, The Tyranny of Virtue is a “courageous, unsparing, and nuanced to a rare degree” (Mary Gaitskill) insider’s look at shifts in American culture—most especially in the American academy—that so many people find alarming. Part memoir and part polemic, Boyers’s collection of essays laments the erosion of standard liberal values, and covers such subjects as tolerance, identity, privilege, appropriation, diversity, and ableism that have turned academic life into a minefield. Why, Robert Boyers asks, are a great many liberals, people who should know better, invested in the drawing up of enemies lists and driven by the conviction that on critical issues no dispute may be tolerated? In stories, anecdotes, and character profiles, a public intellectual and longtime professor takes on those in his own progressive cohort who labor in the grip of a poisonous and illiberal fundamentalism. The end result is a finely tuned work of cultural intervention from the front lines.
Author: American Bar Association. House of Delegates
Publisher: American Bar Association
ISBN: 9781590318737
Category : Law
Languages : en
Pages : 216
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Book Description
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: Catherine Liu
Publisher: U of Minnesota Press
ISBN: 1452966044
Category : Social Science
Languages : en
Pages : 83
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Book Description
A denunciation of the credentialed elite class that serves capitalism while insisting on its own progressive heroism Professional Managerial Class (PMC) elite workers labor in a world of performative identity and virtue signaling, publicizing an ability to do ordinary things in fundamentally superior ways. Author Catherine Liu shows how the PMC stands in the way of social justice and economic redistribution by promoting meritocracy, philanthropy, and other self-serving operations to abet an individualist path to a better world. Virtue Hoarders is an unapologetically polemical call to reject making a virtue out of taste and consumption habits. Forerunners: Ideas First is a thought-in-process series of breakthrough digital publications. Written between fresh ideas and finished books, Forerunners draws on scholarly work initiated in notable blogs, social media, conference plenaries, journal articles, and the synergy of academic exchange. This is gray literature publishing: where intense thinking, change, and speculation take place in scholarship.
Author: George Helm Yeaman
Publisher:
ISBN:
Category : Enslaved persons
Languages : en
Pages : 40
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Book Description
Author: William J. Bennett
Publisher: Simon and Schuster
ISBN: 1439126259
Category : Education
Languages : en
Pages : 2005
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Book Description
Responsibility. Courage. Compassion. Honesty. Friendship. Persistence. Faith. Everyone recognizes these traits as essentials of good character. In order for our children to develop such traits, we have to offer them examples of good and bad, right and wrong. And the best places to find them are in great works of literature and exemplary stories from history. William J. Bennett has collected hundreds of stories in The Book of Virtues, an instructive and inspiring anthology that will help children understand and develop character -- and help adults teach them. From the Bible to American history, from Greek mythology to English poetry, from fairy tales to modern fiction, these stories are a rich mine of moral literacy, a reliable moral reference point that will help anchor our children and ourselves in our culture, our history, and our traditions -- the sources of the ideals by which we wish to live our lives. Complete with instructive introductions and notes, The Book of Virtues is a book the whole family can read and enjoy -- and learn from -- together.
Author: C. Farrelly
Publisher: Springer
ISBN: 1349600733
Category : Philosophy
Languages : en
Pages : 276
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Book Description
This book is the first authoritative text on virtue jurisprudence - the belief that the final end of law is not to maximize preference satisfaction or protect certain rights and privileges, but to promote human flourishing. Scholars of law, philosophy and politics illustrate here the value of the virtue ethics tradition to modern legal theory.
Author: Benjamin Robbins Curtis
Publisher:
ISBN:
Category : Executive power
Languages : en
Pages : 42
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Book Description
Author: George Washington
Publisher:
ISBN:
Category :
Languages : en
Pages : 72
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Book Description
Author: John O. McGinnis
Publisher: Harvard University Press
ISBN: 0674727363
Category : Law
Languages : en
Pages : 377
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Book Description
Originalism holds that the U.S. Constitution should be interpreted according to its meaning at the time it was enacted. In their innovative defense of originalism, John McGinnis and Michael Rappaport maintain that the text of the Constitution should be adhered to by the Supreme Court because it was enacted by supermajorities—both its original enactment under Article VII and subsequent Amendments under Article V. A text approved by supermajorities has special value in a democracy because it has unusually wide support and thus tends to maximize the welfare of the greatest number. The authors recognize and respond to many possible objections. Does originalism perpetuate the dead hand of the past? How can following the original meaning be justified, given that African Americans and women were excluded from the enactment of the Constitution in 1787 and many of its subsequent Amendments? What is originalism’s place in interpretation of the Constitution, when after two hundred years there is so much non-originalist precedent? A fascinating counterfactual they pose is this: had the Supreme Court not interpreted the Constitution so freely, perhaps the nation would have resorted to the Article V amendment process more often and with greater effect. Their book will be an important contribution to the literature on originalism, which is now the most prominent theory of constitutional interpretation.
