The Living Constitution

The Living Constitution PDF Author: David A. Strauss
Publisher: Oxford University Press
ISBN: 0199703698
Category : Law
Languages : en
Pages : 171

Get Book Here

Book Description
Supreme Court Justice Antonin Scalia once remarked that the theory of an evolving, "living" Constitution effectively "rendered the Constitution useless." He wanted a "dead Constitution," he joked, arguing it must be interpreted as the framers originally understood it. In The Living Constitution, leading constitutional scholar David Strauss forcefully argues against the claims of Scalia, Clarence Thomas, Robert Bork, and other "originalists," explaining in clear, jargon-free English how the Constitution can sensibly evolve, without falling into the anything-goes flexibility caricatured by opponents. The living Constitution is not an out-of-touch liberal theory, Strauss further shows, but a mainstream tradition of American jurisprudence--a common-law approach to the Constitution, rooted in the written document but also based on precedent. Each generation has contributed precedents that guide and confine judicial rulings, yet allow us to meet the demands of today, not force us to follow the commands of the long-dead Founders. Strauss explores how judicial decisions adapted the Constitution's text (and contradicted original intent) to produce some of our most profound accomplishments: the end of racial segregation, the expansion of women's rights, and the freedom of speech. By contrast, originalism suffers from fatal flaws: the impossibility of truly divining original intent, the difficulty of adapting eighteenth-century understandings to the modern world, and the pointlessness of chaining ourselves to decisions made centuries ago. David Strauss is one of our leading authorities on Constitutional law--one with practical knowledge as well, having served as Assistant Solicitor General of the United States and argued eighteen cases before the United States Supreme Court. Now he offers a profound new understanding of how the Constitution can remain vital to life in the twenty-first century.

The Living Constitution

The Living Constitution PDF Author: David A. Strauss
Publisher: Oxford University Press
ISBN: 0199703698
Category : Law
Languages : en
Pages : 171

Get Book Here

Book Description
Supreme Court Justice Antonin Scalia once remarked that the theory of an evolving, "living" Constitution effectively "rendered the Constitution useless." He wanted a "dead Constitution," he joked, arguing it must be interpreted as the framers originally understood it. In The Living Constitution, leading constitutional scholar David Strauss forcefully argues against the claims of Scalia, Clarence Thomas, Robert Bork, and other "originalists," explaining in clear, jargon-free English how the Constitution can sensibly evolve, without falling into the anything-goes flexibility caricatured by opponents. The living Constitution is not an out-of-touch liberal theory, Strauss further shows, but a mainstream tradition of American jurisprudence--a common-law approach to the Constitution, rooted in the written document but also based on precedent. Each generation has contributed precedents that guide and confine judicial rulings, yet allow us to meet the demands of today, not force us to follow the commands of the long-dead Founders. Strauss explores how judicial decisions adapted the Constitution's text (and contradicted original intent) to produce some of our most profound accomplishments: the end of racial segregation, the expansion of women's rights, and the freedom of speech. By contrast, originalism suffers from fatal flaws: the impossibility of truly divining original intent, the difficulty of adapting eighteenth-century understandings to the modern world, and the pointlessness of chaining ourselves to decisions made centuries ago. David Strauss is one of our leading authorities on Constitutional law--one with practical knowledge as well, having served as Assistant Solicitor General of the United States and argued eighteen cases before the United States Supreme Court. Now he offers a profound new understanding of how the Constitution can remain vital to life in the twenty-first century.

Photography and Belief

Photography and Belief PDF Author: David Levi Strauss
Publisher: David Zwirner Books
ISBN: 9781644230473
Category : Photography
Languages : en
Pages : 0

Get Book Here

Book Description
In this exploration of contemporary photography, David Levi Strauss questions the concept that “seeing is believing” Identifying a recent shift in the dominance of photography, David Levi Strauss looks at the power of the medium in the age of Photoshop, smart phones, and the internet, asking important questions about how we look and what we trust. In the first ekphrasis title on photography, Strauss challenges the aura of believability and highlights the potential dangers around this status. He examines how images produced on cameras gradually gained an inordinate power to influence public opinion, prompt action, comfort and assuage, and direct or even create desire. How and why do we believe technical images the way we do? Offering a poignant argument in the era of “fake news,” Strauss draws attention to new changes in the technology of seeing. Some uses of "technical images" are causing the connection between images and belief (between seeing and believing) to fray and pull apart. How is this shifting our relationship to images? Will this crisis in what we can believe come to threaten our very purchase on the real? This book is an inquiry into the history and future of our belief in images.

Between the Eyes

Between the Eyes PDF Author: David Levi Strauss
Publisher:
ISBN: 9781597112147
Category : Mass media
Languages : en
Pages : 0

Get Book Here

Book Description
In an era of social confusion and visual pandemonium, David Levi Strauss tackles issues of photography and politics in a way that few critics today are courageous enough to attempt. The essays collected in Between the Eyesaddress topics ranging from propaganda and the imagery of dreams, to Sebastião Salgado’s epic social documents and the deeply personal photographic revelations of Francesca Woodman. Other issues broached here include the legitimacy of photographic imagery and the media frenzy surrounding the events of September 11, as well as essays on the work of Ania Bien, Miguel Rio Branco, Alfredo Jaar, Joel-Peter Witkin and others, plus an interview with painter Leon Golub (who worked from photographs). Reviewing the first edition of Between the Eyes, Publisher’s Weeklywrote: “‘Photography and Propaganda,’ a study of the work and deaths in ‘80s Central America of photojournalists Richard Cross and John Hoagland, should be required reading in the age of embeddedness, and ‘Photography and Belief’ is a terrific meditation on truth in the age of digital manipulation.”

The Life of Jesus

The Life of Jesus PDF Author: David Friedrich Strauss
Publisher:
ISBN:
Category :
Languages : en
Pages : 464

Get Book Here

Book Description


Barbarous Souls

Barbarous Souls PDF Author: David L. Strauss
Publisher: Northwestern University Press
ISBN: 0810126710
Category : Law
Languages : en
Pages : 274

Get Book Here

Book Description
Abandoning other potential leads, the police quickly focused their investigation on the grieving husband. What followed was a tragic miscarriage of justice. Barbarous Souls tells the story of Darrel Parker's wrongful conviction for Nancy's murder and the decades-long struggle to clear his name. --

David Strauss: The Confessor and the Writer

David Strauss: The Confessor and the Writer PDF Author: Friedrich Nietzsche
Publisher: Good Press
ISBN:
Category : Philosophy
Languages : en
Pages : 72

Get Book Here

Book Description
"David Strauss: the Confessor and the Writer" attacks David Strauss's "The Old and the New Faith: A Confession," which Nietzsche holds up as an example of the German thought of the time. He paints Strauss's "New Faith"— a scientifically-determined universal mechanism based on the progression of history—as a vulgar reading of history in the service of a degenerate culture. Nietzsche polemically attacks not only the book but also Strauss as a Philistine of pseudo-culture.

The Life of Jesus, Critically Examined

The Life of Jesus, Critically Examined PDF Author: David Friedrich Strauss
Publisher:
ISBN:
Category : Religion
Languages : en
Pages : 472

Get Book Here

Book Description
David Friedrich Strauss's Das Leben Jesu kritisch bearbeitet (1835) brought about a new dawn in Biblical criticism by applying the 'myth theory' to the life of Jesus. Strauss treated the Gospel narrative like any other historical work, and denied all supernatural elements in the Gospels. Das Leben Jesu created an overnight sensation and Strauss became embroiled in fierce controversy. This earliest English version of 1846 was translated by the novelist George Eliot, and was her first published book.

Democracy and Equality

Democracy and Equality PDF Author: Geoffrey R. Stone
Publisher:
ISBN: 019093820X
Category : Biography & Autobiography
Languages : en
Pages : 241

Get Book Here

Book Description
Brown v. Board of Education (1954) -- Mapp v. Ohio (1961) -- Engel v. Vitale (1962) -- Gideon v. Wainwright (1963) -- New York Times v. Sullivan (1964) -- Reynolds v. Sims (1964) -- Griswold v. Connecticut (1965) -- Miranda v. Arizona (1966) -- Loving v. Virginia (1967) -- Katz v. United States (1967) -- Shapiro v. Thompson (1968) -- Brandenburg v. Ohio (1969).

Setting the Table for Julia Child

Setting the Table for Julia Child PDF Author: David Strauss
Publisher: Johns Hopkins University Press
ISBN: 0801897734
Category : History
Languages : en
Pages : 349

Get Book Here

Book Description
Before Julia Child’s warbling voice and towering figure burst into America’s homes, a gourmet food movement was already sweeping the nation. Setting the Table for Julia Child considers how the tastes and techniques cultivated at dining clubs and in the pages of Gourmet magazine helped prepare many affluent Americans for Child’s lessons in French cooking. David Strauss argues that Americans’ appetite for haute cuisine had been growing ever since the repeal of Prohibition. Dazzled by visions of the good life presented in luxury lifestyle magazines and by the practices of the upper class, who adopted European taste and fashion, upper-middle-class Americans increasingly populated the gourmet movement. In the process, they came to appreciate the cuisine created by France's greatest chef, Auguste Escoffier. Strauss’s impressive archival research illuminates themes—gender, class, consumerism, and national identity—that influenced the course of gourmet dining in America. He also points out how the work of painters and fine printers—reproduced here—called attention to the aesthetic of dining, a vision that heightened one’s anticipation of a gratifying experience. In the midst of this burgeoning gourmet food movement Child found her niche. The movement may have introduced affluent Americans to the pleasure of French cuisine years before Julia Child, but it was Julia’s lessons that expanded the audience for gourmet dining and turned lovers of French cuisine into cooks.

The Old Faith and the New

The Old Faith and the New PDF Author: David Friedrich Strauss
Publisher:
ISBN:
Category : Christianity
Languages : en
Pages : 504

Get Book Here

Book Description
German philosopher and radical theologian David Friedrich Strauss (1808-1874) distinguished himself as one of Europe's most controversial biblical critics and as an intellectual martyr for freethought.