Author: David Richards
Publisher: Rowman & Littlefield
ISBN: 9780847675258
Category : Law
Languages : en
Pages : 334
Book Description
Among the most commonly argued legal questions are those involving "victimless" crimes--consensual adult sexual relations (including homosexuality and prostitution), the use of drugs, and the right to die. How can they be distinguished from proper crimes, and how can we, as citizens, judge the complex moral and legal issues that such questions entail? David Richards, a teacher of law in the areas of constitutional and criminal law, and a moral and legal philosopher concerned with the investigation of legal concepts, applies an interdisciplinary approach to the question of overcriminalization, he draws on legal and philosophical arguments and links the subject to history, psychology, social science, and literature. To demonstrate how gross and unjust overcriminalization has developed, Professor Richards explores basic assumptions that often underlie the common American sense of proper criminalization.
Sex, Drugs, Death, and the Law
Author: David Richards
Publisher: Rowman & Littlefield
ISBN: 9780847675258
Category : Law
Languages : en
Pages : 334
Book Description
Among the most commonly argued legal questions are those involving "victimless" crimes--consensual adult sexual relations (including homosexuality and prostitution), the use of drugs, and the right to die. How can they be distinguished from proper crimes, and how can we, as citizens, judge the complex moral and legal issues that such questions entail? David Richards, a teacher of law in the areas of constitutional and criminal law, and a moral and legal philosopher concerned with the investigation of legal concepts, applies an interdisciplinary approach to the question of overcriminalization, he draws on legal and philosophical arguments and links the subject to history, psychology, social science, and literature. To demonstrate how gross and unjust overcriminalization has developed, Professor Richards explores basic assumptions that often underlie the common American sense of proper criminalization.
Publisher: Rowman & Littlefield
ISBN: 9780847675258
Category : Law
Languages : en
Pages : 334
Book Description
Among the most commonly argued legal questions are those involving "victimless" crimes--consensual adult sexual relations (including homosexuality and prostitution), the use of drugs, and the right to die. How can they be distinguished from proper crimes, and how can we, as citizens, judge the complex moral and legal issues that such questions entail? David Richards, a teacher of law in the areas of constitutional and criminal law, and a moral and legal philosopher concerned with the investigation of legal concepts, applies an interdisciplinary approach to the question of overcriminalization, he draws on legal and philosophical arguments and links the subject to history, psychology, social science, and literature. To demonstrate how gross and unjust overcriminalization has developed, Professor Richards explores basic assumptions that often underlie the common American sense of proper criminalization.
Liberty, Wisdom, and Grace
Author: John Hittinger
Publisher: Lexington Books
ISBN: 9780739104125
Category : Philosophy
Languages : en
Pages : 344
Book Description
Twentieth-century French philosophers Jacques Maritain and Yves R. Simon pioneered new approaches to understanding and defending political democracy in the wake of two world wars. Rather than break from a religious tradition that seemed to struggle against modernity and certain forms of democratic theory and practice, these thinkers instead looked back to the philosophy of Aristotle and Thomas Aquinas to propel Catholic political philosophy forward. The profound influence of Maritain and Simon is manifest in the dramatic achievements of Vatican II and in the work of the scholars of political philosophy who learned from them. John P. Hittinger, one of the finest of these scholars, provides in Liberty, Wisdom, and Grace a comprehensive survey of the Thomists' contributions to contemporary political thought as well as a detailed analysis of their approach to democracy. Hittinger treats criticism of Maritain, including the work of Catholic political writer Aurel Kolnai, and discusses the alternative democratic visions of John Locke and David Richards. His portraits of thinkers who have wrestled with democracy in the Thomist tradition, such as Leo Strauss and John Paul II, are sensitive and engaging. Addressing questions of religion and philosophy broadly understood, the essays collected here offer a searching examination of democratic theory in the modern age.
Publisher: Lexington Books
ISBN: 9780739104125
Category : Philosophy
Languages : en
Pages : 344
Book Description
Twentieth-century French philosophers Jacques Maritain and Yves R. Simon pioneered new approaches to understanding and defending political democracy in the wake of two world wars. Rather than break from a religious tradition that seemed to struggle against modernity and certain forms of democratic theory and practice, these thinkers instead looked back to the philosophy of Aristotle and Thomas Aquinas to propel Catholic political philosophy forward. The profound influence of Maritain and Simon is manifest in the dramatic achievements of Vatican II and in the work of the scholars of political philosophy who learned from them. John P. Hittinger, one of the finest of these scholars, provides in Liberty, Wisdom, and Grace a comprehensive survey of the Thomists' contributions to contemporary political thought as well as a detailed analysis of their approach to democracy. Hittinger treats criticism of Maritain, including the work of Catholic political writer Aurel Kolnai, and discusses the alternative democratic visions of John Locke and David Richards. His portraits of thinkers who have wrestled with democracy in the Thomist tradition, such as Leo Strauss and John Paul II, are sensitive and engaging. Addressing questions of religion and philosophy broadly understood, the essays collected here offer a searching examination of democratic theory in the modern age.
Legal Recognition of Same-Sex Partnerships
Author: Robert Wintemute
Publisher: Bloomsbury Publishing
ISBN: 1847312497
Category : Law
Languages : en
Pages : 806
Book Description
Should same-sex couples be permitted to marry? Or should a separate institution of "registered partnership" or "civil union" be created for them? Or should the rights and duties of unmarried different-sex couples be extended to them? Should they be allowed to adopt each other's children, or jointly adopt an unrelated child? How should they be treated with regard to employment, social security, pensions, housing, immigration, taxation, inheritance, and divorce? These questions are being debated around the world, as lesbian, gay, bisexual and transgendered persons increasingly (but not uniformly) insist that they cannot be truly equal without equal treatment for the loving and lasting relationships they form with their partners. In "Legal Recognition of Same-Sex Partnerships", an international team of scholars examines both theoretical issues and the wide variety of legal developments in the United States, Canada, Brazil, thirteen European countries, Israel, South Africa, India, Japan, China, Australia and New Zealand, as well as under European Community and European Convention law, and United Nations human rights law.
Publisher: Bloomsbury Publishing
ISBN: 1847312497
Category : Law
Languages : en
Pages : 806
Book Description
Should same-sex couples be permitted to marry? Or should a separate institution of "registered partnership" or "civil union" be created for them? Or should the rights and duties of unmarried different-sex couples be extended to them? Should they be allowed to adopt each other's children, or jointly adopt an unrelated child? How should they be treated with regard to employment, social security, pensions, housing, immigration, taxation, inheritance, and divorce? These questions are being debated around the world, as lesbian, gay, bisexual and transgendered persons increasingly (but not uniformly) insist that they cannot be truly equal without equal treatment for the loving and lasting relationships they form with their partners. In "Legal Recognition of Same-Sex Partnerships", an international team of scholars examines both theoretical issues and the wide variety of legal developments in the United States, Canada, Brazil, thirteen European countries, Israel, South Africa, India, Japan, China, Australia and New Zealand, as well as under European Community and European Convention law, and United Nations human rights law.
Fundamentalism in American Religion and Law
Author: David A. J. Richards
Publisher: Cambridge University Press
ISBN: 1139484133
Category : Law
Languages : en
Pages :
Book Description
Why, from Reagan to George Bush, have fundamentalists in religion and in law (originalists) exercised such political power and influence in the United States? Why has the Republican Party forged an ideology of judicial appointments (originalism) hostile to abortion and gay rights? Why and how did Barack Obama distinguish himself among Democratic candidates not only by his opposition to the Iraq war but by his opposition to originalism? This book argues that fundamentalism in both religion and law threatens democratic values and draws its appeal from a patriarchal psychology still alive in our personal and political lives and at threat from the constitutional developments since the 1960s. The argument analyzes this psychology (based on traumatic loss in intimate life) and resistance to it (based on the love of equals). Obama's resistance to originalism arises from his developmental history as a democratic, as opposed to patriarchal, man who resists the patriarchal demands on men and women that originalism enforces - in particular, the patriarchal love laws that tell people who and how and how much they may love.
Publisher: Cambridge University Press
ISBN: 1139484133
Category : Law
Languages : en
Pages :
Book Description
Why, from Reagan to George Bush, have fundamentalists in religion and in law (originalists) exercised such political power and influence in the United States? Why has the Republican Party forged an ideology of judicial appointments (originalism) hostile to abortion and gay rights? Why and how did Barack Obama distinguish himself among Democratic candidates not only by his opposition to the Iraq war but by his opposition to originalism? This book argues that fundamentalism in both religion and law threatens democratic values and draws its appeal from a patriarchal psychology still alive in our personal and political lives and at threat from the constitutional developments since the 1960s. The argument analyzes this psychology (based on traumatic loss in intimate life) and resistance to it (based on the love of equals). Obama's resistance to originalism arises from his developmental history as a democratic, as opposed to patriarchal, man who resists the patriarchal demands on men and women that originalism enforces - in particular, the patriarchal love laws that tell people who and how and how much they may love.
The Sexual Contract
Author: Carole Pateman
Publisher: John Wiley & Sons
ISBN: 074568033X
Category : Social Science
Languages : en
Pages : 280
Book Description
Carole Pateman is one of the foremost political theorists writing in English today. In this outstanding new work, she presents a major reinterpretation of modern political theory. She shows how standard discussions of social contract theory tell only half the story. The sexual contract which establishes modern patriarchy and the political right of men over women is never mentioned. In a wide-ranging and scholarly discussion, Pateman examines the significance of the political fictions of the original contract and the slave contract. She also offers a sweeping challenge to conventional understandings - of both left and right - of actual contracts in everyday life: the marriage contract, the employment contract, the prostitution contract and the new surrogacy contract. By bringing a feminist perspective to bear on the contradictions and paradoxes surrounding women and contract and the relation between the sexes, she is able to shed new light on the fundamental problems of freedom and subordination. The Sexual Contract will become a classic text in the politics of gender and will be of major interest to students of social and political theory and philosophy, women's studies, sociology and jurisprudence.
Publisher: John Wiley & Sons
ISBN: 074568033X
Category : Social Science
Languages : en
Pages : 280
Book Description
Carole Pateman is one of the foremost political theorists writing in English today. In this outstanding new work, she presents a major reinterpretation of modern political theory. She shows how standard discussions of social contract theory tell only half the story. The sexual contract which establishes modern patriarchy and the political right of men over women is never mentioned. In a wide-ranging and scholarly discussion, Pateman examines the significance of the political fictions of the original contract and the slave contract. She also offers a sweeping challenge to conventional understandings - of both left and right - of actual contracts in everyday life: the marriage contract, the employment contract, the prostitution contract and the new surrogacy contract. By bringing a feminist perspective to bear on the contradictions and paradoxes surrounding women and contract and the relation between the sexes, she is able to shed new light on the fundamental problems of freedom and subordination. The Sexual Contract will become a classic text in the politics of gender and will be of major interest to students of social and political theory and philosophy, women's studies, sociology and jurisprudence.
Drugs and Rights
Author: Douglas N. Husak
Publisher: Cambridge University Press
ISBN: 9780521427272
Category : Law
Languages : en
Pages : 328
Book Description
This book was the first serious work to address the question whether adults have the right to use drugs for recreational purposes.
Publisher: Cambridge University Press
ISBN: 9780521427272
Category : Law
Languages : en
Pages : 328
Book Description
This book was the first serious work to address the question whether adults have the right to use drugs for recreational purposes.
Sexual Orientation and Rights
Author: Nicholas Bamforth
Publisher: Routledge
ISBN: 1351900854
Category : Political Science
Languages : en
Pages : 949
Book Description
Debate about the rights of sexual minorities, whether individuals or members of same-sex couples, has become an important issue for legislatures and courts in many constitutional democracies. This volume collects together some of the more significant writings in the debate, and reflects a variety of perspectives: liberal, conservative, and radical. The topics covered include the meaning and importance of sexual freedom, gender roles, marriage and other significant partnerships, child care and adoption, the criminal law, employment, and expression and pornography. The volume also seeks to relate arguments about sexual orientation and rights to broader debates within feminist theory.
Publisher: Routledge
ISBN: 1351900854
Category : Political Science
Languages : en
Pages : 949
Book Description
Debate about the rights of sexual minorities, whether individuals or members of same-sex couples, has become an important issue for legislatures and courts in many constitutional democracies. This volume collects together some of the more significant writings in the debate, and reflects a variety of perspectives: liberal, conservative, and radical. The topics covered include the meaning and importance of sexual freedom, gender roles, marriage and other significant partnerships, child care and adoption, the criminal law, employment, and expression and pornography. The volume also seeks to relate arguments about sexual orientation and rights to broader debates within feminist theory.
The Oxford Handbook of Criminal Law
Author: Markus D Dubber
Publisher: OUP Oxford
ISBN: 0191654590
Category : Law
Languages : en
Pages : 1233
Book Description
The Oxford Handbook of Criminal Law reflects the continued transformation of criminal law into a global discipline, providing scholars with a comprehensive international resource, a common point of entry into cutting edge contemporary research and a snapshot of the state and scope of the field. To this end, the Handbook takes a broad approach to its subject matter, disciplinarily, geographically, and systematically. Its contributors include current and future research leaders representing a variety of legal systems, methodologies, areas of expertise, and research agendas. The Handbook is divided into four parts: Approaches & Methods (I), Systems & Methods (II), Aspects & Issues (III), and Contexts & Comparisons (IV). Part I includes essays exploring various methodological approaches to criminal law (such as criminology, feminist studies, and history). Part II provides an overview of systems or models of criminal law, laying the foundation for further inquiry into specific conceptions of criminal law as well as for comparative analysis (such as Islamic, Marxist, and military law). Part III covers the three aspects of the penal process: the definition of norms and principles of liability (substantive criminal law), along with a less detailed treatment of the imposition of norms (criminal procedure) and the infliction of sanctions (prison law). Contributors consider the basic topics traditionally addressed in scholarship on the general and special parts of the substantive criminal law (such as jurisdiction, mens rea, justifications, and excuses). Part IV places criminal law in context, both domestically and transnationally, by exploring the contrasts between criminal law and other species of law and state power and by investigating criminal law's place in the projects of comparative law, transnational, and international law.
Publisher: OUP Oxford
ISBN: 0191654590
Category : Law
Languages : en
Pages : 1233
Book Description
The Oxford Handbook of Criminal Law reflects the continued transformation of criminal law into a global discipline, providing scholars with a comprehensive international resource, a common point of entry into cutting edge contemporary research and a snapshot of the state and scope of the field. To this end, the Handbook takes a broad approach to its subject matter, disciplinarily, geographically, and systematically. Its contributors include current and future research leaders representing a variety of legal systems, methodologies, areas of expertise, and research agendas. The Handbook is divided into four parts: Approaches & Methods (I), Systems & Methods (II), Aspects & Issues (III), and Contexts & Comparisons (IV). Part I includes essays exploring various methodological approaches to criminal law (such as criminology, feminist studies, and history). Part II provides an overview of systems or models of criminal law, laying the foundation for further inquiry into specific conceptions of criminal law as well as for comparative analysis (such as Islamic, Marxist, and military law). Part III covers the three aspects of the penal process: the definition of norms and principles of liability (substantive criminal law), along with a less detailed treatment of the imposition of norms (criminal procedure) and the infliction of sanctions (prison law). Contributors consider the basic topics traditionally addressed in scholarship on the general and special parts of the substantive criminal law (such as jurisdiction, mens rea, justifications, and excuses). Part IV places criminal law in context, both domestically and transnationally, by exploring the contrasts between criminal law and other species of law and state power and by investigating criminal law's place in the projects of comparative law, transnational, and international law.
Equality, Dignity, and Same-Sex Marriage
Author: Man Yee Karen Lee
Publisher: BRILL
ISBN: 9004179267
Category : Law
Languages : en
Pages : 283
Book Description
Om udviklingen i homoseksuelles rettigheder på det ægteskabsretlige område i internationalt perspektiv.
Publisher: BRILL
ISBN: 9004179267
Category : Law
Languages : en
Pages : 283
Book Description
Om udviklingen i homoseksuelles rettigheder på det ægteskabsretlige område i internationalt perspektiv.
Sex, Drugs, and Death
Author: Tammy L. Anderson
Publisher: Routledge
ISBN: 1136164766
Category : Social Science
Languages : en
Pages : 86
Book Description
Sex, Drugs, and Death: Addressing Youth Problems in American Society explores how youth lifestyles, identity pursuits, behaviors and activities produce a wide range of social problems in contemporary society. The book focuses on the interconnections between three of the most significant youth issues: sexuality, substance use and suicide. The book pays special attention to the unique pursuits of young people and the locations in which they interact, including virtual places like Facebook and more actual ones such as high school, college, and nightclubs. Patterns among females and males of various class, race, and ethnic backgrounds are also featured prominently in the text as well as how sociologists think about and study them. The goal of this new, unique Series is to offer readable, teachable "thinking frames" on today’s social problems and social issues by leading scholars, all in short sixty page or shorter formats, and available for view on http://routledge.customgateway.com/routledge-social-issues.html. For instructors teaching a wide range of courses in the social sciences, the Routledge Social Issues Collection now offers the best of both worlds: originally written short texts that provide "overviews" to important social issues as well as teachable excerpts from larger works previously published by Routledge and other presses.
Publisher: Routledge
ISBN: 1136164766
Category : Social Science
Languages : en
Pages : 86
Book Description
Sex, Drugs, and Death: Addressing Youth Problems in American Society explores how youth lifestyles, identity pursuits, behaviors and activities produce a wide range of social problems in contemporary society. The book focuses on the interconnections between three of the most significant youth issues: sexuality, substance use and suicide. The book pays special attention to the unique pursuits of young people and the locations in which they interact, including virtual places like Facebook and more actual ones such as high school, college, and nightclubs. Patterns among females and males of various class, race, and ethnic backgrounds are also featured prominently in the text as well as how sociologists think about and study them. The goal of this new, unique Series is to offer readable, teachable "thinking frames" on today’s social problems and social issues by leading scholars, all in short sixty page or shorter formats, and available for view on http://routledge.customgateway.com/routledge-social-issues.html. For instructors teaching a wide range of courses in the social sciences, the Routledge Social Issues Collection now offers the best of both worlds: originally written short texts that provide "overviews" to important social issues as well as teachable excerpts from larger works previously published by Routledge and other presses.