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Author: Robert H. Bork
Publisher: Vintage Canada
ISBN: 030736853X
Category : Law
Languages : en
Pages : 181
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Book Description
Judge Robert H. Bork will deliver the Barbara Frum Historical Lecture at the University of Toronto in March 2002. This annual lecture “on a subject of contemporary history in historical perspective” was established in memory of Barbara Frum and will be broadcast on the CBC Radio program Ideas. In Coercing Virtue, former US solicitor general Robert H. Bork examines judicial activism and the practice of many courts as they consider and decide matters that are not committed to their authority. In his opinion, this practice infringes on the legitimate domains of the executive and legislative branches of government and constitutes a judicialization of politics and morals. Should courts be used as a vehicle of social change even if the majority view weighs against the court’s ruling? And if we allow courts to make law, especially in a country like Canada where our Supreme Court judges aren’t even elected, then what does this mean for democratic government? “The nations of the West have long been afraid of catching the “American disease” — the seizure by judges of authority properly belonging to the people and their elected representatives. Those nations are learning, perhaps too late, that this imperialism is not an American disease; it is a judicial disease, one that knows no boundaries.” — Robert H. Bork, from Coercing Virtue
Author: Robert H. Bork
Publisher: Vintage Canada
ISBN: 030736853X
Category : Law
Languages : en
Pages : 181
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Book Description
Judge Robert H. Bork will deliver the Barbara Frum Historical Lecture at the University of Toronto in March 2002. This annual lecture “on a subject of contemporary history in historical perspective” was established in memory of Barbara Frum and will be broadcast on the CBC Radio program Ideas. In Coercing Virtue, former US solicitor general Robert H. Bork examines judicial activism and the practice of many courts as they consider and decide matters that are not committed to their authority. In his opinion, this practice infringes on the legitimate domains of the executive and legislative branches of government and constitutes a judicialization of politics and morals. Should courts be used as a vehicle of social change even if the majority view weighs against the court’s ruling? And if we allow courts to make law, especially in a country like Canada where our Supreme Court judges aren’t even elected, then what does this mean for democratic government? “The nations of the West have long been afraid of catching the “American disease” — the seizure by judges of authority properly belonging to the people and their elected representatives. Those nations are learning, perhaps too late, that this imperialism is not an American disease; it is a judicial disease, one that knows no boundaries.” — Robert H. Bork, from Coercing Virtue
Author: Frederick Schauer
Publisher: Harvard University Press
ISBN: 0674368215
Category : Business & Economics
Languages : en
Pages : 256
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Book Description
Bentham's law -- The possibility and probability of noncoercive law -- In search of the puzzled man -- Do people obey the law? -- Are officials above the law? -- Coercing obedience -- Of carrots and sticks -- Coercion's arsenal -- Awash in a sea of norms -- The differentiation of law
Author: Robert H. Bork
Publisher: ISI Books
ISBN:
Category : Law
Languages : en
Pages : 762
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Book Description
Judge Bork has gathered together his most important and prophetic writings in this volume that features more than 60 of the legal scholar's contributions on topics ranging from President Nixon to St. Thomas More, from abortion to antitrust policy, and from civil liberties to natural law.
Author: Stuart A. Kirk
Publisher: Transaction Publishers
ISBN: 1412849764
Category : Medical
Languages : en
Pages : 359
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Book Description
When it comes to understanding and treating madness, distortions of research are not rare, misinterpretation of data is not isolated, and bogus claims of success are not voiced by isolated researchers seeking aggrandizement. This book's detailed analyses of coercion and community treatment, diagnosis, and psychopharmacology reveals that these characteristics of bad science are endemic, institutional, and protected in psychiatry. This is mad science. Mad Science argues that the fundamental claims of modern American psychiatry are not based on convincing research, but on misconceived, flawed, and distorted science. The authors address multiple paradoxes in American mental health, including the remaking of coercion into scientific psychiatric treatment in the community, the adoption of an unscientific diagnostic system that now controls the distribution of services, and how drug treatments have failed to improve the mental health outcome. This book provides an engaging and readable scientific and social critique of current mental health practices. The authors are scholars, researchers, and clinicians who have written extensively about community care, diagnosis, and psychoactive drugs. Mad Science is a must read for all specialists in the field as well as for the informed public.
Author: Michael J. Sandel
Publisher: Farrar, Straus and Giroux
ISBN: 1429952687
Category : Philosophy
Languages : en
Pages : 318
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Book Description
A renowned Harvard professor's brilliant, sweeping, inspiring account of the role of justice in our society--and of the moral dilemmas we face as citizens What are our obligations to others as people in a free society? Should government tax the rich to help the poor? Is the free market fair? Is it sometimes wrong to tell the truth? Is killing sometimes morally required? Is it possible, or desirable, to legislate morality? Do individual rights and the common good conflict? Michael J. Sandel's "Justice" course is one of the most popular and influential at Harvard. Up to a thousand students pack the campus theater to hear Sandel relate the big questions of political philosophy to the most vexing issues of the day, and this fall, public television will air a series based on the course. Justice offers readers the same exhilarating journey that captivates Harvard students. This book is a searching, lyrical exploration of the meaning of justice, one that invites readers of all political persuasions to consider familiar controversies in fresh and illuminating ways. Affirmative action, same-sex marriage, physician-assisted suicide, abortion, national service, patriotism and dissent, the moral limits of markets—Sandel dramatizes the challenge of thinking through these con?icts, and shows how a surer grasp of philosophy can help us make sense of politics, morality, and our own convictions as well. Justice is lively, thought-provoking, and wise—an essential new addition to the small shelf of books that speak convincingly to the hard questions of our civic life.
Author: Pablo De Greiff
Publisher: Cornell University Press
ISBN: 1501721216
Category : Social Science
Languages : en
Pages : 228
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Book Description
Society's drug problem will persist, and debates over how to solve it will continue, getting nowhere, until we define our terms. This book is an effort to do just that—to parse the legal, moral, and philosophical underpinnings for any discussion of drug policy. Does liberal political theory, with its commitment to individual freedom, offer any guidance in the matter of drugs, particularly regarding their legal status? Do the commitments that citizens of liberal democracies make—commitments to ideals such as rationality, equality, justice, and democratic forms of decision-making—have implications for drug policy? These are the questions addressed in this volume, which explores the possibilities and limitations of philosophical reflection on this pressing, practical social issue.The authors, distinguished political and legal philosophers, search out the justification of policies that manage problems of drug consumption and social disintegration, but do so in keeping with the moral and political commitments of a liberal democratic society. Their subjects range from the rationality or irrationality of drug consumption to the scope of liberty; from the proper aims of legislation to the rhetoric of the war on drugs, particularly as deployed by former "Drug Czar" William Bennett.
Author: Alan Brudner
Publisher: Oxford University Press
ISBN: 0191633275
Category : Law
Languages : en
Pages :
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Book Description
This book sets out a new understanding of the penal law of a liberal legal order. The prevalent view today is that the penal law is best understood from the standpoint of a moral theory concerning when it is fair to blame and censure an individual character for engaging in proscribed conduct. By contrast, this book argues that the penal law is best understood by a political and constitutional theory about when it is permissible for the state to restrain and confine a free agent. The book's thesis is that penal action by public officials is permissible force rather than wrongful violence only if it could be accepted by the agent as being consistent with its freedom. There are, however, different conceptions of freedom, and each informs a theoretical paradigm of penal justice generating distinctive constraints on state coercion. Although this plurality of paradigms creates an appearance of fragmentation and contradiction in the law, the author argues that the penal law forms a complex whole uniting the constraints on punishment flowing from each paradigm.
Author: Josef Pieper
Publisher:
ISBN:
Category : Philosophy
Languages : en
Pages : 230
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Book Description
"Demonstrates the unsound overvaluation of moderation that has made contemporary morality a hollow convention and points out the true significance of the Christian virtues that can and should make morality a dynamic way of life."--Publisher
Author: Christopher Heath Wellman
Publisher: OUP USA
ISBN: 0199731721
Category : Philosophy
Languages : en
Pages : 350
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Book Description
Do states have the right to prevent potential immigrants from crossing their borders, or should people have the freedom to migrate and settle wherever they wish? Christopher Heath Wellman and Phillip Cole develop and defend opposing answers to this timely and important question. Appealing to the right to freedom of association, Wellman contends that legitimate states have broad discretion to exclude potential immigrants, even those who desperately seek to enter. Against this, Cole argues that the commitment to the moral equality of all human beings - which legitimate states can be expected to hold - means national borders must be open: equal respect requires equal access, both to territory and membership; and that the idea of open borders is less radical than it seems when we consider how many territorial and community boundaries have this open nature. In addition to engaging with each other's arguments, Wellman and Cole address a range of central questions and prominent positions on this topic. The authors therefore provide a critical overview of the major contributions to the ethics of migration, as well as developing original, provocative positions of their own.
Author: Paul Sharp
Publisher: Xulon Press
ISBN: 159781850X
Category :
Languages : en
Pages : 418
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Book Description
The sharks have devoured justice. Lawyers and judges are rewriting all the rules--for their own benefit. Every citizen needs to know what's wrong with the U.S. legal system and how it can be fixed. (Social Issues)
