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Author: Georgia Warnke
Publisher: Univ of California Press
ISBN: 0520921925
Category : Philosophy
Languages : en
Pages : 291
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Book Description
Legitimate Differences challenges the usual portrayal of current debates over thorny social issues including abortion, pornography, affirmative action, and surrogate mothering as moral debates. How can it be said that our debates oppose principles of life to those of liberty, principles of liberty to those of equality, principles of equality to those of fairness, and principles of fairness to those of integrity, when we as Americans share all these principles? Debates over such issues are not, Georgia Warnke argues, moral debates over which principles we should adopt. Rather, they are interpretive debates over the meanings of principles we already possess. Warnke traces the structure of these debates with reference to the work of Jane Austen, Hans-Georg Gadamer, Jürgen Habermas, and Bernard Williams. In separate chapters on surrogate mothering, affirmative action, abortion, and pornography she articulates new understandings of the meanings of some of our principles and shows the equal legitimacy of some different interpretations of the meanings of others. Finally, she suggests that the orientation of American public policy ought to be directed less at finding single canonical interpretations of our principles than at accommodating different legitimate understandings of them. The perspective offered by Legitimate Differences should have a significantly beneficial effect on public discussions.
Author: Georgia Warnke
Publisher: Univ of California Press
ISBN: 0520921925
Category : Philosophy
Languages : en
Pages : 291
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Book Description
Legitimate Differences challenges the usual portrayal of current debates over thorny social issues including abortion, pornography, affirmative action, and surrogate mothering as moral debates. How can it be said that our debates oppose principles of life to those of liberty, principles of liberty to those of equality, principles of equality to those of fairness, and principles of fairness to those of integrity, when we as Americans share all these principles? Debates over such issues are not, Georgia Warnke argues, moral debates over which principles we should adopt. Rather, they are interpretive debates over the meanings of principles we already possess. Warnke traces the structure of these debates with reference to the work of Jane Austen, Hans-Georg Gadamer, Jürgen Habermas, and Bernard Williams. In separate chapters on surrogate mothering, affirmative action, abortion, and pornography she articulates new understandings of the meanings of some of our principles and shows the equal legitimacy of some different interpretations of the meanings of others. Finally, she suggests that the orientation of American public policy ought to be directed less at finding single canonical interpretations of our principles than at accommodating different legitimate understandings of them. The perspective offered by Legitimate Differences should have a significantly beneficial effect on public discussions.
Author: Janina Dill
Publisher: Cambridge University Press
ISBN: 1107056756
Category : History
Languages : en
Pages : 387
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Book Description
Can international law regulate warfare? Experiences of US bombing suggests it does not solve the twenty-first-century belligerent's legitimacy dilemma.
Author: Roy Whymark
Publisher: GRIN Verlag
ISBN: 3656348081
Category : Political Science
Languages : en
Pages : 10
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Book Description
Seminar paper from the year 2012 in the subject Politics - Region: USA, grade: 77%, Birkbeck, University of London, course: American Politics, language: English, abstract: Under Article III, Section 2 of the United States Constitution, the US Supreme Court is designated as the final court of appeal for all cases arising under the Laws, Treaties, and Constitution of the United States (U.S. Const. art. III, § 2). Although the Supreme Court’s role in determining the constitutional legitimacy of those cases brought before it is not explicitly defined, this (largely unchallenged) authority became clear during the foremost years of the republic. In his opinion on Marbury v. Madison (1803), Chief Justice Marshall noted that it was ‘emphatically the province and duty of the Judicial Department to say what the law is.’ Constitutional interpretation addresses ‘how the meaning of the constitution should be discerned, thus allowing the application of substantive constitutional law to a particular set of facts or issues’ (Thomas, 2011:1). Given the ambiguity of its language and the fact that the Constitution is a legal document written, for the most part, in 1787 under very different circumstances from today, this is a challenging undertaking and not without controversy. Indeed, the task of constitutional interpretation, and the different approaches taken by individual judges, is a major area of debate among the judiciary, the populace, and within the political and academic arenas. The position judges adopt vis-à-vis constitutional interpretation lies at the centre of court rulings concerning constitutional law. Since individual judges will have different opinions, constitutional interpretation is unavoidably dependent on the subjective views of the judges involved, whether they be legalistic, attitudinal, or other views along Posner’s spectrum of theoretical influences on judicial behaviour (Posner, 2008). This difference in approaches has been the driver of the politicisation of the judiciary and partly explains the often fractious nature of judicial confirmations. While there is no consensus regarding a singular taxonomy for constitutional interpretation, most scholars agree on the differentiation between the Originalist approach (sometimes referred to, supportively, as the Interpretivist approach) favoured by Supreme Court Justice Antonin Scalia, and other non-Originalist approaches (often referred to as non-Interpretivist approaches by their detractors). This essay considers whether the Originalist approach is the only legitimate and appropriate method of constitutional interpretation in the United States today.
Author: Richard S. Markovits
Publisher: NYU Press
ISBN: 0814755135
Category : Law
Languages : en
Pages : 466
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Book Description
The United States is generally believed to be a liberal, rights-based culture. In such a society, Richard S. Markovits asserts, arguments of moral principle are the dominant type of legitimate legal argument. Markovits analyzes various rights associated with our society's basic duties of showing appropriate, equal respect for all creatures capable of moral integrity and appropriate, equal concern for their actualizing this potential. Ranging widely and covering in depth such flashpoint issues as educational rights, minimum real-income rights, privacy rights, abortion, parenting, sexual liberties, and the right to die, Matters of Principle is a deeply engaged and thoughtful work, certain to be controversial and much debated.
Author: Sir Howard Warburton Elphinstone
Publisher:
ISBN:
Category : Acknowledgments (Law)
Languages : en
Pages : 746
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Book Description
Author: Yung Suk Kim
Publisher: Wipf and Stock Publishers
ISBN: 1621896404
Category : Religion
Languages : en
Pages : 111
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Book Description
Yung Suk Kim asks important questions in Biblical Interpretation: Why do we care about the Bible and biblical interpretation? How do we know which interpretation is better? He expertly brings to the fore the essential elements of interpretation--the reader, the text, and the reading lens--and attempts to explore a set of criteria for solid interpretation. While celebrating the diversity of biblical interpretation, Kim warns that not all interpretations are valid, legitimate, or healthy because interpretation involves the complex process of what he calls critical contextual biblical interpretation. He suggests that readers engage with the text by asking important questions of their own: Why do we read? How do we read? and What do we read?
Author: Daniel Patte
Publisher: Westminster John Knox Press
ISBN:
Category : Philosophy
Languages : en
Pages : 164
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Book Description
Daniel Patte argues here that when male European-American scholars interpret the Bible to produce a universally legitimate reading, they silence the Bible itself. Their reading practices exclude feminist, African American, and other so-called "minority" readings, as well as the interpretations of conservative and liberal laity. He further claims that ethical accountability requires recognizing that all exegesis consists of bringing critical understanding to ordinary readings, especially faith interpretations. Patte concludes that biblical studies must affirm the legitimacy of diverse ordinary readings and lead to an open discussion of the relative value of these readings.
Author: Alexander Brown
Publisher: Oxford University Press
ISBN: 0192545566
Category : Law
Languages : en
Pages : 409
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Book Description
It is an unfortunate but unavoidable feature of even well-ordered democratic societies that governmental administrative agencies often create legitimate expectations (procedural or substantive) on the part of non-governmental agents (individual citizens, groups, businesses, organizations, institutions, and instrumentalities) but find themselves unable to fulfil those expectations for reasons of justice, the public interest, severe financial constraints, and sometimes harsh political realities. How governmental administrative agencies, operating on behalf of society, handle the creation and frustration of legitimate expectations implicates a whole host of values that we have reason to care about, including under non-ideal conditions-not least justice, fairness, autonomy, the rule of law, responsible uses of power, credible commitments, reliance interests, security of expectations, stability, democracy, parliamentary supremacy, and legitimate authority. This book develops a new theory of legitimate expectations for public administration drawing on normative arguments from political and legal theory. Brown begins by offering a new account of the legitimacy of legitimate expectations. He argues that it is the very responsibility of governmental administrative agencies for creating expectations that ought to ground legitimacy, as opposed to the justice or the legitimate authority of those agencies and expectations. He also clarifies some of the main ways in which agencies can be responsible for creating expectations. Moreover, he argues that governmental administrative agencies should be held liable for losses they directly cause by creating and then frustrating legitimate expectations on the part of non-governmental agents and, if liable, have an obligation to make adequate compensation payments in respect of those losses.
Author:
Publisher:
ISBN:
Category : Literature
Languages : en
Pages : 324
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Book Description
Author: Christian Emil Bale
Publisher:
ISBN:
Category : Lindisfarne gospels
Languages : en
Pages : 310
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Book Description
