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Author: Albert W. Alschuler
Publisher: University of Chicago Press
ISBN: 9780226015217
Category : Biography & Autobiography
Languages : en
Pages : 340
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Book Description
Albert Alschuler's study of Holmes is very different from other books about him, in that it is an exercise in debunking him.
Author: Albert W. Alschuler
Publisher: University of Chicago Press
ISBN: 9780226015217
Category : Biography & Autobiography
Languages : en
Pages : 340
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Book Description
Albert Alschuler's study of Holmes is very different from other books about him, in that it is an exercise in debunking him.
Author: Albert W. Alschuler
Publisher: Turtleback
ISBN: 9780613911108
Category : Biography & Autobiography
Languages : en
Pages :
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Book Description
In recent decades, Oliver Wendell Holmes has been praised as "the only great American legal thinker" and "the most illustrious figure in the history of American law." But in Albert Alschuler's critique of both Justice Holmes and contemporary legal scholarship, a darker portrait is painted-that of a man who, among other things, espoused Social Darwinism, favored eugenics, and, as he himself acknowledged, came "devilish near to believing that might makes right."
Author: Albert W. Alschuler
Publisher: University of Chicago Press
ISBN: 9780226015200
Category : Biography & Autobiography
Languages : en
Pages : 336
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Book Description
In recent decades, Oliver Wendell Holmes has been praised as "the only great American legal thinker" and "the most illustrious figure in the history of American law." But in Albert Alschuler's critique of both Justice Holmes and contemporary legal scholarship, a darker portrait is painted—that of a man who, among other things, espoused Social Darwinism, favored eugenics, and, as he himself acknowledged, came "devilish near to believing that might makes right."
Author: John Deigh
Publisher: Oxford University Press
ISBN: 0199843953
Category : Law
Languages : en
Pages : 264
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Book Description
Emotions, Values, and the Law brings together ten of John Deigh's essays written over the past fifteen years. In the first five essays, Deigh ask questions about the nature of emotions and the relation of evaluative judgment to the intentionality of emotions, and critically examines the cognitivist theories of emotion that have dominated philosophy and psychology over the past thirty years. A central criticism of these theories is that they do not satisfactorily account for the emotions of babies or animals other than human beings. Drawing on this criticism, Deigh develops an alternative theory of the intentionality of emotions on which the education of emotions explains how human emotions, which innately contain no evaluative thought, come to have evaluative judgments as their principal cognitive component. The second group of five essays challenge the idea of the voluntary as essential to understanding moral responsibility, moral commitment, political obligation, and other moral and political phenomena that have traditionally been thought to depend on people's will. Each of these studies focuses on a different aspect of our common moral and political life and shows, contrary to conventional opinion, that it does not depend on voluntary action or the exercise of a will constituted solely by rational thought. Together, the essays in this collection represent an effort to shift our understanding of the phenomena traditionally studied in moral and political philosophy from that of their being products of reason and will, operating independently of feeling and sentiment to that of their being manifestations of the work of emotion. "Deigh's writing is clear and precise, his arguments are strong, and he uses a wide range of real world examples that give his essays a vibrant and very readable character." - Notre Dame Philosophical Reviews "I believe that Deigh is as clear-headed and insightful a philosopher as is currently at work today in the areas of moral, political, and legal philosophy and moral psychology, and I believe these essays beautifully demonstrate his many virtues." - Herbert Morris, University of California, Low Angeles Law School "[John Deigh] has acquired a very good knowledge of a field which he has very much made his own. No one writes better or thinks more productively on that area of thought where the theory of the emotions, psychoanalysis, value theory, and the theory of law intersect. And if we closely connect the name Deigh with this particular concatenation of topics, I believe that very soon there will be a number of voices clamoring to be heard in this area." - Richard Wollheim, University of California, Berkeley
Author: John Raymond Wildman
Publisher:
ISBN:
Category : Corporation law
Languages : en
Pages : 572
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Book Description
Author: András Jakab
Publisher: Oxford University Press
ISBN: 0198746563
Category : Law
Languages : en
Pages : 579
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Book Description
Examining the growing issue of EU Member States' defiance in the face of EU law, this volume outlines the development and history of this crisis, and offers a theoretical and comparative analysis of the difficulties the EU is facing in their attempts to enforce Member State to comply with European integration, suggesting solutions for the future.
Author: V.P. Salnikov
Publisher: Cambridge Scholars Publishing
ISBN: 152751787X
Category : Law
Languages : en
Pages : 280
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Book Description
The book explores a variety of problems connected to philosophy and philosophy of law. It discusses the problem of monism-pluralism in philosophy and philosophy of law, criticizes philosophy of post-positivism and postmodernism, and investigates dialectics as a universal global methodological basis of scientific cognition and philosophy of law. The volume also pays particular attention to contemporary legal education, offering potential solutions to problems in this field. The book is the result of a range of sociological studies conducted both in Russia and abroad concerning the legal process and legal consciousness.
Author: Stephen Budiansky
Publisher: W. W. Norton & Company
ISBN: 0393634736
Category : Biography & Autobiography
Languages : en
Pages : 737
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Book Description
“Consistently gripping.… [I]t’s possessed of a zest and omnivorous curiosity that reflects the boundless energy of its subject.” —Steve Donoghue, Christian Science Monitor Oliver Wendell Holmes escaped death twice as a young Union officer in the Civil War. He lived ever after with unwavering moral courage, unremitting scorn for dogma, and an insatiable intellectual curiosity. During his nearly three decades on the Supreme Court, he wrote a series of opinions that would prove prophetic in securing freedom of speech, protecting the rights of criminal defendants, and ending the Court’s reactionary resistance to social and economic reforms. As a pioneering legal scholar, Holmes revolutionized the understanding of common law. As an enthusiastic friend, he wrote thousands of letters brimming with an abiding joy in fighting the good fight. Drawing on many previously unpublished letters and records, Stephen Budiansky offers the fullest portrait yet of this pivotal American figure.
Author: Otto Spijkers
Publisher:
ISBN: 9781780680361
Category : Ethics
Languages : en
Pages : 0
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Book Description
In this book, author Otto Spijkers describes how moral values determined the founding of the United Nations Organization in 1945, and the evolution of its purposes, principles, and policies since then. A detailed examination of the proceedings of the UN Conference on International Organization in San Francisco demonstrates that the drafting of the UN Charter was significantly influenced by global moral values, i.e. globally-shared beliefs distinguishing right from wrong, good from bad, and the current from a preferable state-of-the-world. A common desire - to eradicate war, poverty, inhuman treatment, and to halt the exploitation of peoples - has led to an affirmation of the values of peace and security, social progress and development, human dignity, and the self-determination of all peoples. All these values ended up in the UN Charter. The book further analyzes how the UN, and especially its General Assembly, has continued to influence the maturing of global morality through contributions to the values debate, and to the translation of these values into the language of international law, including the law on the use of force, sustainable development, human rights, and the right to self-determination. (Series: School of Human Rights Research - Vol. 47)
Author: Tímea Drinóczi
Publisher: Routledge
ISBN: 1000172430
Category : Law
Languages : en
Pages : 176
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Book Description
This book challenges the idea that the Rule of Law is still a universal European value given its relatively rapid deterioration in Hungary and Poland, and the apparent inability of the European institutions to adequately address the illiberalization of these Member States. The book begins from the general presumption that the Rule of Law, since its emergence, has been a universal European value, a political ideal and legal conception. It also acknowledges that the EU has been struggling in the area of value enforcement, even if the necessary mechanisms are available and, given an innovative outlook and more political commitment, could be successfully used. The authors appreciate the different approaches toward the Rule of Law, both as a concept and as a measurable indicator, and while addressing the core question of the volume, widely rely on them. Ultimately, the book provides a snapshot of how the Rule of Law ideal has been dismantled and offers a theory of the Rule of Law in illiberal constitutionalism. It discusses why voters keep illiberal populist leaders in power when they are undeniably acting contrary to the Rule of Law ideal. The book will be of interest to academics and researchers engaged with the foundational questions of constitutionalism. The structure and nature of the subject matter covered ensure that the book will be a useful addition for comparative and national constitutional law classes. It will also appeal to legal practitioners wondering about the boundaries of the Rule of Law.
