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Author: James Loeffler
Publisher: Cambridge University Press
ISBN: 1107140412
Category : Law
Languages : en
Pages : 321
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Book Description
Fourteen leading scholars explore the lives of seven of the most famous Jewish lawyers in the history of international law.
Author: James Loeffler
Publisher: Cambridge University Press
ISBN: 1107140412
Category : Law
Languages : en
Pages : 321
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Book Description
Fourteen leading scholars explore the lives of seven of the most famous Jewish lawyers in the history of international law.
Author: Gerald L. Neuman
Publisher: Princeton University Press
ISBN: 1400821959
Category : Law
Languages : en
Pages : 297
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Book Description
Gerald Neuman discusses in historical and contemporary terms the repeated efforts of U.S. insiders to claim the Constitution as their exclusive property and to deny constitutional rights to aliens and immigrants--and even citizens if they are outside the nation's borders. Tracing such efforts from the debates over the Alien and Sedition Acts in 1798 to present-day controversies about illegal aliens and their children, the author argues that no human being subject to the governance of the United States should be a "stranger to the Constitution." Thus, whenever the government asserts its power to impose obligations on individuals, it brings them within the constitutional system and should afford them constitutional rights. In Neuman's view, this mutuality of obligation is the most persuasive approach to extending constitutional rights extraterritorially to all U.S. citizens and to those aliens on whom the United States seeks to impose legal responsibilities. Examining both mutuality and more flexible theories, Neuman defends some constitutional constraints on immigration and deportation policies and argues that the political rights of aliens need not exclude suffrage. Finally, in regard to whether children born in the United States to illegally present alien parents should be U.S. citizens, he concludes that the Constitution's traditional shield against the emergence of a hereditary caste of "illegals" should be vigilantly preserved.
Author: David J. Rothman
Publisher: Routledge
ISBN: 135148804X
Category : Medical
Languages : en
Pages : 416
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Book Description
David Rothman gives us a brilliant, finely etched study of medical practice today. Beginning in the mid-1960s, the practice of medicine in the United States underwent a most remarkable--and thoroughly controversial--transformation. The discretion that the profession once enjoyed has been increasingly circumscribed, and now an almost bewildering number of parties and procedures participate in medical decision making. Well into the post-World War II period, decisions at the bedside were the almost exclusive concern of the individual physician, even when they raised fundamental ethical and social issues. It was mainly doctors who wrote and read about the morality of withholding a course of antibiotics and letting pneumonia serve as the old man's best friend, of considering a newborn with grave birth defects a "stillbirth" thus sparing the parents the agony of choice and the burden of care, of experimenting on the institutionalized the retarded to learn more about hepatitis, or of giving one patient and not another access to the iron lung when the machine was in short supply. Moreover, it was usually the individual physician who decided these matters without formal discussions with patients, their families, or even with colleagues, and certainly without drawing the attention of journalists, judges, or professional philosophers. The impact of the invasion of outsiders into medical decision-making, most generally framed, was to make the invisible visible. Outsiders to medicine--that is, lawyers, judges, legislators, and academics--have penetrated its every nook and cranny, in the process giving medicine exceptional prominence on the public agenda and making it the subject of popular discourse. The glare of the spotlight transformed medical decision making, shaping not merely the external conditions under which medicine would be practiced (something that the state, through the regulation of licensure, had always done), but the very substance of medical pract
Author: Bruce H. Mann
Publisher: UNC Press Books
ISBN: 1469620529
Category : Law
Languages : en
Pages : 224
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Book Description
Combining legal and social history, Bruce Mann explores the relationship between law and society from the mid-seventeenth century to the eve of the Revolution. Analyzing a sample of more than five thousand civil cases from the records of local courts in Connecticut, he shows how once-neighborly modes of disputing yielded to a legal system that treated neighbors and strangers alike. During the colonial period population growth, immigration, economic development, war, and religious revival transformed the nature and context of official and economic relations in Connecticut. Towns lost the insularity and homogeneity that made them the embodiment of community. Debt litigation was transformed from a communal model of disputing in which procedures were based on the individual disagreements to a system of mechanical rules that homogenized law. Pleading grew more technical, and the civil jury faded from predominance to comparative insignificance. Arbitration and church disciplinary proceedings, the usual alternatives to legal process, became more formal and legalistic and, ultimately, less communal. Using a computer-assisted analysis of court records and insights drawn from anthropology and sociology, Mann concludes that changes in the law and its applications were tied to the growing commercialization of the economy. They also can be attributed to the fledgling legal profession's approach to law as an autonomous system rather than as a communal process. These changes marked the advent of a legal system that valued predictability and uniformity of legal relations more than responsiveness to individual communities. Mann shows that by the eve of the Revolution colonial law had become less identified with community and more closely associated with society.
Author: Lynn Hollen Lees
Publisher: Cambridge University Press
ISBN: 9780521572613
Category : History
Languages : en
Pages : 396
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Book Description
A study of English policies toward the poor from the 1600s to the present, showing how clients and officials negotiated welfare settlements.
Author: Harold V. Bennett
Publisher: Wm. B. Eerdmans Publishing
ISBN: 0802825745
Category : History
Languages : en
Pages : 224
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Book Description
"The scriptural laws dealing with widows, strangers, and orphans are conventionally viewed as rules meant to aid the plight of vulnerable persons in ancient Israelite society. In Injustice Made Legal Harold V. Bennett challenges this perspective, arguing instead that key sanctions found in Deuteronomy were actually drafted by a powerful elite to enhance their own material condition and keep the peasantry down." Building his case on a careful analysis of life in the ancient world and on his understanding of critical law theory, Bennett views Deuteronomic law through the eyes of the needy in Israelite society. His unique approach uncovers the previously neglected link between politico-economic interests and the formulation of law. The result is a new understanding of law in the Hebrew Bible and the ways it worked to support and maintain the dehumanization of widows, strangers, and orphans in the biblical community.
Author: Malcolm Gladwell
Publisher: Little, Brown
ISBN: 0316535621
Category : Social Science
Languages : en
Pages : 316
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Book Description
Malcolm Gladwell, host of the podcast Revisionist History and author of the #1 New York Times bestseller Outliers, offers a powerful examination of our interactions with strangers and why they often go wrong—now with a new afterword by the author. A Best Book of the Year: The Financial Times, Bloomberg, Chicago Tribune, and Detroit Free Press How did Fidel Castro fool the CIA for a generation? Why did Neville Chamberlain think he could trust Adolf Hitler? Why are campus sexual assaults on the rise? Do television sitcoms teach us something about the way we relate to one another that isn’t true? Talking to Strangers is a classically Gladwellian intellectual adventure, a challenging and controversial excursion through history, psychology, and scandals taken straight from the news. He revisits the deceptions of Bernie Madoff, the trial of Amanda Knox, the suicide of Sylvia Plath, the Jerry Sandusky pedophilia scandal at Penn State University, and the death of Sandra Bland—throwing our understanding of these and other stories into doubt. Something is very wrong, Gladwell argues, with the tools and strategies we use to make sense of people we don’t know. And because we don’t know how to talk to strangers, we are inviting conflict and misunderstanding in ways that have a profound effect on our lives and our world. In his first book since his #1 bestseller David and Goliath, Malcolm Gladwell has written a gripping guidebook for troubled times.
Author: Xavier Márquez
Publisher: Parmenides Pub
ISBN: 9781930972797
Category : Philosophy
Languages : en
Pages : 399
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Book Description
The Statesman is a difficult and puzzling Platonic dialogue. In A Stranger's Knowledge Marquez argues that Plato abandons here the classic idea, prominent in the Republic, that the philosopher, qua philosopher, is qualified to rule. Instead, the dialogue presents the statesman as different from the philosopher, the possessor of a specialist expertise that cannot be reduced to philosophy. The expertise is of how to make a city resilient against internal and external conflict in light of the imperfect sociality of human beings and the poverty of their reason. This expertise, however, cannot be produced on demand: one cannot train statesmen like one might train carpenters. Worse, it cannot be made acceptable to the citizens, or operate in ways that are not deeply destructive to the city's stability. Even as the political community requires his knowledge for its preservation, the genuine statesman must remain a stranger to the city. Marquez shows how this impasse is the key to understanding the ambiguous reevaluation of the rule of law that is the most striking feature of the political philosophy of the Statesman. The law appears here as a mere approximation of the expertise of the inevitably absent statesman, dim images and static snapshots of the clear and dynamic expertise required to steer the ship of state across the storms of the political world. Yet such laws, even when they are not created by genuine statesmen, can often provide the city with a limited form of cognitive capital that enables it to preserve itself in the long run, so long as citizens, and especially leaders, retain a “philosophical” attitude towards them. It is only when rulers know that they do not know better than the laws what is just or good (and yet want to know what is just and good) that the city can be preserved. The dialogue is thus, in a sense, the vindication of the philosopher-king in the absence of genuine political knowledge.
Author: Shauna Labman
Publisher: McGill-Queen's Press - MQUP
ISBN: 0228002761
Category : Political Science
Languages : en
Pages : 288
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Book Description
As a leading country in global refugee resettlement, Canada operates a unique program that allows private groups and individuals to sponsor refugees. This innovative approach has received growing international attention, but there remains a need for a more expansive understanding of the sponsorship framework and its potential implications within Canada and across the world. Strangers to Neighbours explains the origins and development of refugee sponsorship, paying particular attention to the unintended consequences and ethical dilemmas it produces for refugee policy. The contributors to this collection draw upon law, social science, and philosophy to bring a more robust and objective perspective on Canada's historical experience with sponsorship into wider conversations about the refugee crisis and resettlement. Together, they present recent cases that exemplify how the model has been applied and how it functions, while also analyzing the challenges that emerge in host-sponsor relations. This volume further examines how sponsorship has been implemented differently in countries such as the United States and Australia. The first dedicated study of refugee sponsorship policy, Strangers to Neighbours assembles leading scholars from a range of disciplines to consider whether Canada's system is indeed a sustainable model for the world.
Author: Zygmunt Bauman
Publisher: John Wiley & Sons
ISBN: 1509512209
Category : Social Science
Languages : en
Pages : 120
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Book Description
Refugees from the violence of wars and the brutality of famished lives have knocked on other people's doors since the beginning of time. For the people behind the doors, these uninvited guests were always strangers, and strangers tend to generate fear and anxiety precisely because they are unknown. Today we find ourselves confronted with an extreme form of this historical dynamic, as our TV screens and newspapers are filled with accounts of a 'migration crisis', ostensibly overwhelming Europe and portending the collapse of our way of life. This anxious debate has given rise to a veritable 'moral panic' - a feeling of fear spreading among a large number of people that some evil threatens the well-being of society. In this short book Zygmunt Bauman analyses the origins, contours and impact of this moral panic - he dissects, in short, the present-day migration panic. He shows how politicians have exploited fears and anxieties that have become widespread, especially among those who have already lost so much - the disinherited and the poor. But he argues that the policy of mutual separation, of building walls rather than bridges, is misguided. It may bring some short-term reassurance but it is doomed to fail in the long run. We are faced with a crisis of humanity, and the only exit from this crisis is to recognize our growing interdependence as a species and to find new ways to live together in solidarity and cooperation, amidst strangers who may hold opinions and preferences different from our own.
