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Author: Richard H. Weisberg
Publisher:
ISBN: 0199334986
Category : Law
Languages : en
Pages : 199
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Book Description
Flexibility is usually seen as a virtue in today's world. Even the dictionary seems to dislike those who stick too hard to their own positions. The thesaurus links "intransigence" to a whole host of words signifying a distaste for loyalty to fixed positions: intractable, stubborn, Pharisaic, close-minded, and stiff-necked, to name a few. In this short and provocative book, constitutional law professor Richard H. Weisberg asks us to reexamine our collective cultural bias toward flexibility, open-mindedness, and compromise. He argues that flexibility has not fared well over the course of history. Indeed, emergencies both real and imagined have led people to betray their soundest traditions. Weisberg explores the rise of flexibility, which he traces not only to the Enlightenment but further back to early Christian reinterpretation of Jewish sacred texts. He illustrates his argument with historical examples from Vichy France and the occupation of the British Channel Islands during World War II as well as post-9/11 betrayals of sound American traditions against torture, eavesdropping, unlimited detention, and drone killings. Despite the damage wrought by Western society's incautious embrace of flexibility over the past two millennia, Weisberg does not make the case for unthinking rigidity. Rather, he argues that a willingness to embrace intransigence allows us to recognize that we have beliefs worth holding on to -- without compromise.
Author: Richard H. Weisberg
Publisher:
ISBN: 0199334986
Category : Law
Languages : en
Pages : 199
Get Book Here
Book Description
Flexibility is usually seen as a virtue in today's world. Even the dictionary seems to dislike those who stick too hard to their own positions. The thesaurus links "intransigence" to a whole host of words signifying a distaste for loyalty to fixed positions: intractable, stubborn, Pharisaic, close-minded, and stiff-necked, to name a few. In this short and provocative book, constitutional law professor Richard H. Weisberg asks us to reexamine our collective cultural bias toward flexibility, open-mindedness, and compromise. He argues that flexibility has not fared well over the course of history. Indeed, emergencies both real and imagined have led people to betray their soundest traditions. Weisberg explores the rise of flexibility, which he traces not only to the Enlightenment but further back to early Christian reinterpretation of Jewish sacred texts. He illustrates his argument with historical examples from Vichy France and the occupation of the British Channel Islands during World War II as well as post-9/11 betrayals of sound American traditions against torture, eavesdropping, unlimited detention, and drone killings. Despite the damage wrought by Western society's incautious embrace of flexibility over the past two millennia, Weisberg does not make the case for unthinking rigidity. Rather, he argues that a willingness to embrace intransigence allows us to recognize that we have beliefs worth holding on to -- without compromise.
Author: Edna Nahshon
Publisher: Cambridge University Press
ISBN: 110816160X
Category : Literary Criticism
Languages : en
Pages : 457
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Book Description
Shakespeare's The Merchant of Venice occupies a unique place in world culture. As the fictional, albeit iconic, character of Shylock has been interpreted as exotic outsider, social pariah, melodramatic villain and tragic victim, the play, which has been performed and read in dozens of languages, has served as a lens for examining ideas and images of the Jew at various historical moments. In the last two hundred years, many of the play's stage interpreters, spectators, readers and adapters have themselves been Jews, whose responses are often embedded in literary, theatrical and musical works. This volume examines the ever-expanding body of Jewish responses to Shakespeare's most Jewishly relevant play.
Author: Christine Holbo
Publisher: Oxford University Press
ISBN: 019093591X
Category : Literary Criticism
Languages : en
Pages : 465
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Book Description
United States historians have long regarded the U.S. Civil War and its Reconstruction as a second American revolution. Literary scholars, however, have yet to show how fully these years revolutionized the American imagination. Emblematic of this moment was the post-war search for a "Great American Novel"--a novel fully adequate to the breadth and diversity of the United States in the era of the Fourteenth Amendment. While the passage of the Reconstruction Amendments declared the ideal of equality before the law a reality, persistent and increasing inequality challenged idealists and realists alike. The controversy over what full representation should mean sparked debates about the value of cultural difference and aesthetic dissonance, and it led to a thoroughgoing reconstruction of the meaning of "realism" for readers, writers, politics, and law. The dilemmas of incomplete emancipation, which would damage and define American life from the late nineteenth century onwards, would also force novelists to reconsider the definition and possibilities of the novel as a genre of social representation. Legal Realisms examines these transformations in the face of uneven developments in the racial, ethnic, gender and class structure of American society. Offering provocative new readings of Mark Twain, Henry James, William Dean Howells, Helen Hunt Jackson, Albion Tourgée and others, Christine Holbo explores the transformation of the novel's distinctive modes of social knowledge in relation to developments in art, philosophy, law, politics, and moral theory. As Legal Realisms follows the novel through the worlds of California Native American removal and the Reconstruction-era South, of the Mississippi valley and the urban Northeast, this study shows how violence, prejudice, and exclusion haunted the celebratory literatures of national equality, but it demonstrates as well the way novelists' representation of the difficulty of achieving equality before the law helped Americans articulate the need for a more robust concept of social justice.
Author: Ingrid L Anderson
Publisher: Routledge
ISBN: 1317298357
Category : Philosophy
Languages : en
Pages : 232
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Book Description
For many, the Holocaust made thinking about ethics in traditional ways impossible. It called into question the predominance of speculative ontology in Western thought, and left many arguing that Western political, cultural and philosophical inattention to universal ethics were both a cause and an effect of European civilization's collapse in the twentieth century. Emmanuel Levinas, Elie Wiesel and Richard Rubenstein respond to this problem by insisting that ethics must be Western thought's first concern. Unlike previous thinkers, they locate humanity's source of universal ethical obligation in the temporal world of experience, where human suffering, rather than metaphysics, provides the ground for ethical engagement. All three thinkers contend that Judaism’s key lesson is that our fellow human is our responsibility, and use Judaism to develop a contemporary ethics that could operate with or without God. Ethics and Suffering since the Holocaust explores selected works of Levinas, Wiesel, and Rubenstein for practical applications of their ethics, analyzing the role of suffering and examining the use each thinker makes of Jewish sources and the advantages and disadvantages of this use. Finally, it suggests how the work of Jewish thinkers living in the wake of the Holocaust can be of unique value to those interested in the problem of ethics in the twentieth and twenty-first centuries. Presenting a thorough investigation of the work of Levinas, Wiesel and Rubinstein, this book is of key interest to students and scholars of Jewish studies, as well as Jewish ethics and philosophy.
Author: Mark E. Button
Publisher: Oxford University Press
ISBN: 0190493631
Category : Political Science
Languages : en
Pages : 249
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Book Description
Historically speaking, our vices, like our virtues, have come in two basic forms: intellectual and moral. One of the main purposes of this book is to analyze a set of specifically political vices that have not been given sufficient attention within political theory but that nonetheless pose enduring challenges to the sustainability of free and equitable political relationships of various kinds. Political vices like hubris, willful blindness, and recalcitrance are persistent dispositions of character and conduct that imperil both the functioning of democratic institutions and the trust that a diverse citizenry has in the ability of those institutions to secure a just political order of equal moral standing, reciprocal freedom, and human dignity. Political vices embody a repudiation of the reciprocal conditions of politics and, as a consequence of this, they represent a standing challenge to the principles and values of the mixed political regime we call liberal-democracy. Mark Button shows how political vices not only carry out discrete forms of injustice but also facilitate the habituation in and indifference toward systemic forms of social and political injustice. They do so through excesses and deficiencies in human sensory and communicative capacities relating to voice (hubris), vision (moral blindness), and listening (recalcitrance). Drawing on a wide range of intellectual resources, including ancient Greek tragedy, social psychology, moral epistemology, and democratic theory, Political Vices gives new consideration to a list of "deadly vices" that contemporary political societies can neither ignore as a matter of personal "sin" nor publicly disregard as a matter of mere bad choice, and it provides a democratic account that outlines how citizens can best contend with our most troubling political vices without undermining core commitments to liberalism or pluralism.
Author: Goodrich, Peter
Publisher: Edward Elgar Publishing
ISBN: 1839102268
Category : Law
Languages : en
Pages : 640
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Book Description
In this original and thought-provoking Research Handbook, an international and interdisciplinary group of scholars, artists, lawyers, judges, and writers offer a range of perspectives on rethinking law by means of literary concepts. Presenting a comprehensive introduction to jurisliterary themes, it destabilises the traditional hierarchy that places law before literature and exposes the literary nature of the legal.
Author: Michael Asimow
Publisher: Cambridge Scholars Publishing
ISBN: 1443861588
Category : Law
Languages : en
Pages : 425
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Book Description
Commentators have noted the extraordinary impact of popular culture on legal practice, courtroom proceedings, police departments, and government as a whole, and it is no exaggeration to say that most people derive their basic understanding of law from cultural products. Movies, television programs, fiction, children’s literature, online games, and the mass media typically influence attitudes and impressions regarding law and legal institutions more than law and legal institutions themselves. Law and Popular Culture: International Perspectives enhances the appreciation of the interaction between popular culture and law by underscoring this interaction’s multinational and international features. Two dozen authors from nine countries invite readers to consider the role of law-related popular culture in a broad range of nations, socio-political contexts, and educational environments. Even more importantly, selected contributors explore the global transmission and reception of law-related cultural products and, in particular, the influence of assorted works and media across national borders and cultural boundaries. The circulation and consumption of law-related popular culture are increasing as channels of mass media become more complex and as globalization runs its uncertain course. Law and Popular Culture: International Perspectives adds to the critical understanding of the worldwide interaction of popular culture and law and encourages reflection on the wider implications of this mutual influence across both time and geography.
Author: Jonathan White
Publisher: Oxford University Press
ISBN: 0199684170
Category : History
Languages : en
Pages : 271
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Book Description
For a century at least, parties have been central to the study of politics. Yet their typical conceptual reduction to a network of power-seeking elites has left many to wonder why parties were ever thought crucial to democracy. This book seeks to retrieve a richer conception of partisanship, drawing on modern political thought and extending it in the light of contemporary democratic theory and practice. Looking beyond the party as organization, the book develops an original account of what it is to be a partisan. It examines the ideas, orientations, obligations, and practices constitutive of partisanship properly understood, and how these intersect with the core features of democratic life. Such an account serves to underline in distinctive fashion why democracy needs its partisans, and puts in relief some of the key trends of contemporary politics.
Author: Edwin Bikundo
Publisher: Edinburgh University Press
ISBN: 1474455697
Category : Law
Languages : en
Pages : 203
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Book Description
The book provides an original and captivating perspective on international law and Giorgio Agamben's work. The manuscript is profoundly aesthetic-textual in its approach, as exemplified in its deft and insightful close readings of drama (Goethe's Faust), prose fiction (Melville's Bartleby and Benito Cereno) and lyric, be it devotional (Laudes Regiae, Handel, 'The Lord is a Man of War') or otherwise (Edwin Starr's 'War', Boy George's 'War Song'). Attentive to language, plot, theme and characterisation, these readings not only read the texts in question, but they also read them anew, yielding fresh, innovative, and unique cultural legal interpretations.
Author: Alison L. LaCroix
Publisher:
ISBN: 0197509371
Category : Law
Languages : en
Pages : 345
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Book Description
This edited volume on war in law and literature addresses the many ways in which war affects human society and the many groups of people whose lives are affected by war. The essays, by preeminent scholars, discuss the ways in which literary works can shed light on legal thinking about war, and how a deep understanding of law can lead to interpretive insights on literary works. Some concern the lives of soldiers; others focus on civilians living in war zones, who are caught up in the conflict; still others address themselves to the home front, far from the theatre of war. By collecting such diverse perspectives, with contributions from preeminent scholars of philosophy, literature, and law, this volume aims to show how literature has reflected the totalizing nature of war and the ways in which it distorts law across domains.
