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Author: Abner Greene
Publisher: Harvard University Press
ISBN: 0674065174
Category : Law
Languages : en
Pages : 346
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Book Description
Do citizens of a nation such as the United States have a moral duty to obey the law? Do officials, when interpreting the Constitution, have an obligation to follow what that text meant when ratified? To follow precedent? To follow what the Supreme Court today says the Constitution means?These are questions of political obligation (for citizens) and interpretive obligation (for anyone interpreting the Constitution, often officials). Abner Greene argues that such obligations do not exist. Although citizens should obey some laws entirely, and other laws in some instances, no one has put forth a successful argument that citizens should obey all laws all the time. Greene's case is not only "against" obligation. It is also "for" an approach he calls "permeable sovereignty": all of our norms are on equal footing with the state's laws. Accordingly, the state should accommodate religious, philosophical, family, or tribal norms whenever possible. Greene shows that questions of interpretive obligation share many qualities with those of political obligation. In rejecting the view that constitutional interpreters must follow either prior or higher sources of constitutional meaning, Greene confronts and turns aside arguments similar to those offered for a moral duty of citizens to obey the law.
Author: Abner Greene
Publisher: Harvard University Press
ISBN: 0674065174
Category : Law
Languages : en
Pages : 346
Get Book Here
Book Description
Do citizens of a nation such as the United States have a moral duty to obey the law? Do officials, when interpreting the Constitution, have an obligation to follow what that text meant when ratified? To follow precedent? To follow what the Supreme Court today says the Constitution means?These are questions of political obligation (for citizens) and interpretive obligation (for anyone interpreting the Constitution, often officials). Abner Greene argues that such obligations do not exist. Although citizens should obey some laws entirely, and other laws in some instances, no one has put forth a successful argument that citizens should obey all laws all the time. Greene's case is not only "against" obligation. It is also "for" an approach he calls "permeable sovereignty": all of our norms are on equal footing with the state's laws. Accordingly, the state should accommodate religious, philosophical, family, or tribal norms whenever possible. Greene shows that questions of interpretive obligation share many qualities with those of political obligation. In rejecting the view that constitutional interpreters must follow either prior or higher sources of constitutional meaning, Greene confronts and turns aside arguments similar to those offered for a moral duty of citizens to obey the law.
Author: Roger Felber
Publisher: Grosvenor House Publishing
ISBN: 1786234572
Category : Law
Languages : en
Pages : 124
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Book Description
This book explains, in simple English, the immense dangers of a disorderly Brexit: leaving the Customs Union and the Single Market quite unprepared, as currently envisaged on 29th March 2019. This is the only book which has been written to provide the facts in this way. And it exposes the lie about "honouring the will of the people" when only 37% of the electorate voted to leave; and largely based on inaccurate information and untruths. This 37% did not express "the will of the people". The book does not talk in generalities. Each chapter explains the key services, products and financial ramifications which would cause misery for millions, hurting the poorest most. It has been written to be understandable for people as young as GCSE age, because all the key issues are truly easy to understand. Revoking notice under Article 50 is the only remaining sane and safe solution from the position Britain had arrived at 16th January 2019, shortly before this book went to print.
Author: Lysander Spooner
Publisher: Read Books Ltd
ISBN: 1447488903
Category : Philosophy
Languages : en
Pages : 70
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Book Description
Originally published in 1870, this essay by the American anarchist and political philosopher Lysander Spooner is here reproduced. Described by Murray Rothbard as "the greatest case for anarchist political philosophy ever written", Spooner's lengthy essay is still referenced by anarchists and philosophers today. In it, he argues that the American Civil War violated the US Constitution, thus rendering it null and void. An indispensable read for political historians both amateur and professional alike. Many of the earliest books, particularly those dating back to the 1900s and before, are now extremely scarce and increasingly expensive. We are republishing these classic works in affordable, high quality, modern editions, using the original text and artwork.
Author: Linda K. Kerber
Publisher: Macmillan
ISBN: 0809073846
Category : Law
Languages : en
Pages : 432
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Book Description
In this landmark book, the historian Linda K. Kerber opens up this important and neglected subject for the first time. She begins during the Revolution, when married women did not have the same obligation as their husbands to be "patriots," and ends in the present, when men and women still have different obligations to serve in the armed forces.
Author: John-Michael Kuczynski
Publisher: John-Michael Kuczynski
ISBN:
Category : Philosophy
Languages : en
Pages : 280
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Book Description
What are laws, and do they necessarily have any basis in morality? The present work argues that laws are governmental assurances of protections of rights and that concepts of law and legal obligation must therefore be understood in moral terms. There are, of course, many immoral laws. But once certain basic truths are taken into account – in particular, that moral principles have a “dimension of weight”, to use an expression of Ronald Dworkin’s, and also that principled relations are not always expressed by perfect statistical concomitances – the existence of iniquitous laws poses no significant threat to a moralistic analysis of law. Special attention is paid to the debate between Ronald Dworkin and H.L.A. Hart. Dworkin’s over-all position is argued to be correct, but issue is taken with his argument for that position. Hart’s analysis is found to be vitiated by an impoverished conception of morality and also of the nature of government. Our analysis of law enables us to answer three questions that, at this juncture of history, are of special importance: Are there international laws? If not, could such laws exist? And if they could exist, would their existence necessarily be desirable? The answers to these questions are, respectively: “no”, “yes”, and “no.” Our analysis of law enables us to hold onto the presumption that so-called legal interpretation is a principled endeavor, and that some legal interpretations are truer to existing laws than others. At the same time, it accommodates the obvious fact that the sense in which a physicist interprets meter-readings, or in which a physician interprets a patient’s symptoms, is different from the sense in which judges interpret the law. So our analysis of law enables us to avoid the extreme views that have thus far dominated debates concerning the nature of legal interpretation. On the one hand, it becomes possible to avoid the cynical view (held by the so-called “legal realists”) that legal interpretation is mere legislation and that no legal interpretation is more correct than any other. On the other hand, it becomes possible to avoid Blackstone’s view (rightly descried by Austin as a “childish fiction”) that judges merely discover, and do not create, the law.
Author: Kelly Jamieson
Publisher: Kelly Jamieson Inc.
ISBN: 1988600103
Category : Fiction
Languages : en
Pages : 227
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Book Description
NO OBLIGATION REQUIRED Bailey Harris is eager to move up at Huxworth Packard. If only she could get her co-workers to see her as more than a cute little blonde who rushes out of the office at five o’clock every day, presumably for happy hour cosmos… Mason Ward is on his way to becoming an advertising legend, overseeing the biggest, sexiest account at Huxworth Packard. He fills the emptiness left inside him by his past with lots of women and meaningless sex…but no emotional attachment. Sure, he’s noticed that sexy blonde media girl…but she’s way too young and sweet for him. Bailey’s had a crush on Mason Ward for months—he’s sophisticated, handsome, confident and brilliant…and way out her league. Mason is determined to keep his hands off her, until one night she makes it very clear she wants his hands on her. How can he resist? They’re on the same sexy page about their relationship—Bailey doesn’t have the time, and Mason doesn’t have the heart. But when meaningless sex suddenly becomes very meaningful, they find themselves in dangerous emotional waters. keywords: office romance, Chicago, advertising agency, woman boss, copywriter, cocky hero, dirty talking hero, Brew Crew, beer advertising, urban romance For fans of: Robyn Carr, Helena Hunting, Elle Kennedy, Kristen Callihan, LJ Shen, Corinne Michaels, Jana Aston, Karina Halle, Meghan March, Jay Crownover, Anna Todd, Geneva Lee, Audrey Carlan, Jill Shalvis, Suzanne Brockmann, Helen Hoang, Christina Lauren, Kristan Higgins, Sally Thorne, Penelope Sky, Vi Keeland, Penelope Ward, Debbie Macomber, Nora Roberts, Maisey Yates, Sarah Mayberry, Elle Kennedy, Lauren Blakely, Susan Mallery, Penny Reid, Julia Kent, Melanie Harlow, Carrie Ann Ryan, Kendall Ryan, Kennedy Ryan, Helen Hardt, Meghan March, Julia Kent, Meli Raine, Sylvia Day, Chelle Bliss, Brenda Rothert, Kylie Scott, Helena Hunting, Sloane Kennedy, Penelope Sky, K.A. Linde, Nana Malone, Jaci Burton, Penelope Sky, Helen Hardt, E.L. James, Anna Todd, Chelle Bliss, Kendall Ryan, Kennedy Fox, Carly Phillips, Piper Rayne, Cora Seton, Sherryl Woods, Marie Force, Sawyer Bennett.
Author: Margaret Gilbert
Publisher: Oxford University Press, USA
ISBN: 0199274959
Category : Law
Languages : en
Pages : 343
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Book Description
Margaret Gilbert offers an incisive new approach to a classic problem of political philosophy: when and why should I do what the laws of my country tell me to do? Beginning with carefully argued accounts of social groups in general and political societies in particular, the author argues that in central, standard senses of the relevant terms membership in a political society in and of itself obligates one to support that society's political institutions. The obligations in questionare not moral requirements derived from general moral principles, as is often supposed, but a matter of one's participation in a special kind of commitment: joint commitment. An agreement is sufficient but not necessary to generate such a commitment. Gilbert uses the phrase 'plural subject' to referto all of those who are jointly committed in some way. She therefore labels the theory offered in this book the plural subject theory of political obligation.The author concentrates on the exposition of this theory, carefully explaining how and in what sense joint commitments obligate. She also explores a classic theory of political obligation --- actual contract theory --- according to which one is obligated to conform to the laws of one's country because one agreed to do so. She offers a new interpretation of this theory in light of a theory of plural subject theory of agreements. She argues that actual contract theory has more merit than has beenthought, though the more general plural subject theory is to be preferred. She compares and contrasts plural subject theory with identification theory, relationship theory, and the theory of fair play. She brings it to bear on some classic situations of crisis, and, in the concluding chapter,suggests a number of avenues for related empirical and moral inquiry.Clearly and compellingly written, A Theory of Political Obligation will be essential reading for political philosophers and theorists.
Author: Nancy J. Hirschmann
Publisher: Cornell University Press
ISBN: 1501725645
Category : Political Science
Languages : en
Pages : 385
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Book Description
In Rethinking Obligation, Nancy J. Hirschmann provides an innovative analysis of liberal obligation theory that uses feminism as a theoretical method for rethinking political obligations from the bottom up. In articulating a feminist method for political theory, Hirschmann skillfully brings together theoretical categories and methods previously seen as opposed: feminist standpoint and postmodernism, gender psychology and anti-essentialism, empiricism and interpretivism. Rethinking Obligation mounts a vital challenge to central aspects of liberal theory. Students and scholars of political philosophy, political theory, feminist theory, and women’s studies will want to read it.
Author: Richard Rodriguez
Publisher: Penguin
ISBN: 0140096221
Category : Social Science
Languages : en
Pages : 257
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Book Description
A Pulitzer Prize Finalist Rodriguez's acclaimed first book, Hunger of Memory raised a fierce controversy with its views on bilingualism and alternative action. Now, in a series of intelligent and candid essays, Rodriguez ranges over five centuries to consider the moral and spiritual landscapes of Mexico and the US and their impact on his soul.
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.
