Author: Richard A. Posner
Publisher: Harvard University Press
ISBN: 9780674649255
Category : Law
Languages : en
Pages : 612
Book Description
Legal theory must become more factual and empirical and less conceptual and polemical, Richard Posner argues in this wide-ranging new book. The topics covered include the structure and behavior of the legal profession; constitutional theory; gender, sex, and race theories; interdisciplinary approaches to law; the nature of legal reasoning; and legal pragmatism. Posner analyzes, in witty and passionate prose, schools of thought as different as social constructionism and institutional economics, and scholars and judges as different as Bruce Ackerman, Robert Bork, Ronald Dworkin, Catharine MacKinnon, Richard Rorty, and Patricia Williams. He also engages challenging issues in legal theory that range from the motivations and behavior of judges and the role of rhetoric and analogy in law to the rationale for privacy and blackmail law and the regulation of employment contracts. Although written by a sitting judge, the book does not avoid controversy; it contains frank appraisals of radical feminist and race theories, the behavior of the German and British judiciaries in wartime, and the excesses of social constructionist theories of sexual behavior. Throughout, the book is unified by Posner's distinctive stance, which is pragmatist in philosophy, economic in methodology, and liberal (in the sense of John Stuart Mill's liberalism) in politics. Brilliantly written, eschewing jargon and technicalities, it will make a major contribution to the debate about the role of law in our society.
Overcoming Law
Author: Richard A. Posner
Publisher: Harvard University Press
ISBN: 9780674649255
Category : Law
Languages : en
Pages : 612
Book Description
Legal theory must become more factual and empirical and less conceptual and polemical, Richard Posner argues in this wide-ranging new book. The topics covered include the structure and behavior of the legal profession; constitutional theory; gender, sex, and race theories; interdisciplinary approaches to law; the nature of legal reasoning; and legal pragmatism. Posner analyzes, in witty and passionate prose, schools of thought as different as social constructionism and institutional economics, and scholars and judges as different as Bruce Ackerman, Robert Bork, Ronald Dworkin, Catharine MacKinnon, Richard Rorty, and Patricia Williams. He also engages challenging issues in legal theory that range from the motivations and behavior of judges and the role of rhetoric and analogy in law to the rationale for privacy and blackmail law and the regulation of employment contracts. Although written by a sitting judge, the book does not avoid controversy; it contains frank appraisals of radical feminist and race theories, the behavior of the German and British judiciaries in wartime, and the excesses of social constructionist theories of sexual behavior. Throughout, the book is unified by Posner's distinctive stance, which is pragmatist in philosophy, economic in methodology, and liberal (in the sense of John Stuart Mill's liberalism) in politics. Brilliantly written, eschewing jargon and technicalities, it will make a major contribution to the debate about the role of law in our society.
Publisher: Harvard University Press
ISBN: 9780674649255
Category : Law
Languages : en
Pages : 612
Book Description
Legal theory must become more factual and empirical and less conceptual and polemical, Richard Posner argues in this wide-ranging new book. The topics covered include the structure and behavior of the legal profession; constitutional theory; gender, sex, and race theories; interdisciplinary approaches to law; the nature of legal reasoning; and legal pragmatism. Posner analyzes, in witty and passionate prose, schools of thought as different as social constructionism and institutional economics, and scholars and judges as different as Bruce Ackerman, Robert Bork, Ronald Dworkin, Catharine MacKinnon, Richard Rorty, and Patricia Williams. He also engages challenging issues in legal theory that range from the motivations and behavior of judges and the role of rhetoric and analogy in law to the rationale for privacy and blackmail law and the regulation of employment contracts. Although written by a sitting judge, the book does not avoid controversy; it contains frank appraisals of radical feminist and race theories, the behavior of the German and British judiciaries in wartime, and the excesses of social constructionist theories of sexual behavior. Throughout, the book is unified by Posner's distinctive stance, which is pragmatist in philosophy, economic in methodology, and liberal (in the sense of John Stuart Mill's liberalism) in politics. Brilliantly written, eschewing jargon and technicalities, it will make a major contribution to the debate about the role of law in our society.
Overcoming Trumpery
Author: Norman Eisen
Publisher: Brookings Institution Press
ISBN: 0815739680
Category : Political Science
Languages : en
Pages : 396
Book Description
How to restore ethics, the rule of law, and democracy as the centerpieces of U.S. government U.S. government has been repeatedly renewed—sometimes simply repaired and other times reinvented—during its over 230 years. Major aspects of the federal system were broken again during the four years of the Trump administration, so it’s time for even more fixes. This book sets out the damage that was done and important ideas on how the repairs should be made, focusing on ethics, the rule of law, and democracy. Distinguished scholars and practitioners have come together not only to address what went awry over the past four years, but also the deeper weaknesses that have become more evident, and how those weaknesses can be repaired. The problem areas range from ethics and conflicts of interest to the Hatch Act and big money in politics, and from independence at the Department of Justice and government transparency to reestablishing Congressional oversight, and the government’s role in the broader areas of how Americans vote and of international ethics and rule of law. Overcoming Trumpery provides a framework to understand the significant developments that are already happening in Washington with respect to ethics, the rule of law, and democracy. These include the “For the People Act,” the “Protecting Our Democracy Act,” and President Biden’s Executive Order on Ethics. The ideas outlined in this book for fixing flaws in federal governance come from the more than century of collective experience of its expert authors. The book represents a burst of sunshine after a very dark period in the nation’s history.
Publisher: Brookings Institution Press
ISBN: 0815739680
Category : Political Science
Languages : en
Pages : 396
Book Description
How to restore ethics, the rule of law, and democracy as the centerpieces of U.S. government U.S. government has been repeatedly renewed—sometimes simply repaired and other times reinvented—during its over 230 years. Major aspects of the federal system were broken again during the four years of the Trump administration, so it’s time for even more fixes. This book sets out the damage that was done and important ideas on how the repairs should be made, focusing on ethics, the rule of law, and democracy. Distinguished scholars and practitioners have come together not only to address what went awry over the past four years, but also the deeper weaknesses that have become more evident, and how those weaknesses can be repaired. The problem areas range from ethics and conflicts of interest to the Hatch Act and big money in politics, and from independence at the Department of Justice and government transparency to reestablishing Congressional oversight, and the government’s role in the broader areas of how Americans vote and of international ethics and rule of law. Overcoming Trumpery provides a framework to understand the significant developments that are already happening in Washington with respect to ethics, the rule of law, and democracy. These include the “For the People Act,” the “Protecting Our Democracy Act,” and President Biden’s Executive Order on Ethics. The ideas outlined in this book for fixing flaws in federal governance come from the more than century of collective experience of its expert authors. The book represents a burst of sunshine after a very dark period in the nation’s history.
Overcoming Necessity
Author: Thomas P. Crocker
Publisher: Yale University Press
ISBN: 0300181612
Category : Political Science
Languages : en
Pages : 345
Book Description
An argument for why emergencies are no excuse for extralegal action by presidents Using emergency as a cause for action ultimately leads to an almost unnoticed evolution in the political understanding of presidential powers. The Constitution, however, was designed to function under "states of exception," most notably through the separation of powers, and provides ample internal checks on emergency actions taken under claims of necessity. Thomas Crocker urges Congress, the courts, and other bodies to put those checks into practice.
Publisher: Yale University Press
ISBN: 0300181612
Category : Political Science
Languages : en
Pages : 345
Book Description
An argument for why emergencies are no excuse for extralegal action by presidents Using emergency as a cause for action ultimately leads to an almost unnoticed evolution in the political understanding of presidential powers. The Constitution, however, was designed to function under "states of exception," most notably through the separation of powers, and provides ample internal checks on emergency actions taken under claims of necessity. Thomas Crocker urges Congress, the courts, and other bodies to put those checks into practice.
Overcoming the Man Laws
Author: Oliver Marcelle
Publisher:
ISBN:
Category :
Languages : en
Pages : 113
Book Description
This book is an opportunity to pull back the curtain of Oliver Marcelle's life, so to speak, and take a look at the journey that he's taken through manhood up until this point. There are several 'man laws' that we've grown up under - directives that have been passed down from generation to generation. Concepts like: men don't cry, don't back down, stand strong on your position, etc. You can probably come up with your own list. Oliver has discovered throughout his life (especially after getting married) that the adoption of some of these 'laws' were detrimental. They were keeping him from making the necessary adjustments that would enable him to see the kind of results he desired in his life, career and relationships. Something needed to change! The book highlights 5 very important things that Oliver has come to realize over the course of his life (referred to as the 'unwritten man laws'). Soul-searching, evaluation, self-actualization and adjustments were an important part of the process to becoming the man he wanted to be. The 5 areas are dissected into 8 pillars in an attempt to guide men onto their own path of self-discovery. It is not a manual, as no two people's paths are the same. It is an example, a blueprint, a recipe that can be tweaked to produce your specific desired outcome. The goal of this book can be summed up with words from the book's dedication: May you find 2020 long before hindsight.
Publisher:
ISBN:
Category :
Languages : en
Pages : 113
Book Description
This book is an opportunity to pull back the curtain of Oliver Marcelle's life, so to speak, and take a look at the journey that he's taken through manhood up until this point. There are several 'man laws' that we've grown up under - directives that have been passed down from generation to generation. Concepts like: men don't cry, don't back down, stand strong on your position, etc. You can probably come up with your own list. Oliver has discovered throughout his life (especially after getting married) that the adoption of some of these 'laws' were detrimental. They were keeping him from making the necessary adjustments that would enable him to see the kind of results he desired in his life, career and relationships. Something needed to change! The book highlights 5 very important things that Oliver has come to realize over the course of his life (referred to as the 'unwritten man laws'). Soul-searching, evaluation, self-actualization and adjustments were an important part of the process to becoming the man he wanted to be. The 5 areas are dissected into 8 pillars in an attempt to guide men onto their own path of self-discovery. It is not a manual, as no two people's paths are the same. It is an example, a blueprint, a recipe that can be tweaked to produce your specific desired outcome. The goal of this book can be summed up with words from the book's dedication: May you find 2020 long before hindsight.
Beating the Deal Killers
Author: Stephen Giglio
Publisher: McGraw-Hill Education
ISBN: 9780071385510
Category : Business & Economics
Languages : en
Pages : 0
Book Description
Strategies for overcoming clock-watching clients, spilled coffee, and other sales nightmaresand closing the sale Selling is tough, and what can go wrong often will. Successful salespeople know they must prepare themselves for every potential deal-killer. Beating the Deal-Killers provides situation-specific advice for anticipating problems, handling them deftly, and returning everyone's attention to the matter at handcompleting the sale. More than just a valuable troubleshooting guide, however, this book by award-winning sales executive Stephen Giglio gives sales pros firsthand techniques they can put into action at their next sales meeting. Battleproven tips and pointers include: How to prepare for a relaxed yet take-charge sales call Techniques, actions, and phrases for motivating a prospect 10 effective ways to field objections
Publisher: McGraw-Hill Education
ISBN: 9780071385510
Category : Business & Economics
Languages : en
Pages : 0
Book Description
Strategies for overcoming clock-watching clients, spilled coffee, and other sales nightmaresand closing the sale Selling is tough, and what can go wrong often will. Successful salespeople know they must prepare themselves for every potential deal-killer. Beating the Deal-Killers provides situation-specific advice for anticipating problems, handling them deftly, and returning everyone's attention to the matter at handcompleting the sale. More than just a valuable troubleshooting guide, however, this book by award-winning sales executive Stephen Giglio gives sales pros firsthand techniques they can put into action at their next sales meeting. Battleproven tips and pointers include: How to prepare for a relaxed yet take-charge sales call Techniques, actions, and phrases for motivating a prospect 10 effective ways to field objections
An Unimaginable Act
Author: Erin Merryn
Publisher: Simon and Schuster
ISBN: 075731757X
Category : Self-Help
Languages : en
Pages : 336
Book Description
By sharing her personal journey through the pain she has suffered at the hands of her perpetrators, author Erin Merryn proves that one person can make a difference in the lives of others. Simply by speaking out and bringing the subject of child sexual abuse to the forefront, she has created a wave of change—change not only in legislature, but also in the hearts of those around her and the world. In this thought-provoking book, readers will discover an in-depth, personal account of Erin's story and how—through using positive outlets—she was able to rebuild her life and heal from a childhood filled with sexual abuse. Part memoir, part resource guide, Erin shares with readers key organizations that provide essential support for victims and caregivers, warning signs that a child who is being abused might display, and why Erin's Law is so essential.
Publisher: Simon and Schuster
ISBN: 075731757X
Category : Self-Help
Languages : en
Pages : 336
Book Description
By sharing her personal journey through the pain she has suffered at the hands of her perpetrators, author Erin Merryn proves that one person can make a difference in the lives of others. Simply by speaking out and bringing the subject of child sexual abuse to the forefront, she has created a wave of change—change not only in legislature, but also in the hearts of those around her and the world. In this thought-provoking book, readers will discover an in-depth, personal account of Erin's story and how—through using positive outlets—she was able to rebuild her life and heal from a childhood filled with sexual abuse. Part memoir, part resource guide, Erin shares with readers key organizations that provide essential support for victims and caregivers, warning signs that a child who is being abused might display, and why Erin's Law is so essential.
Therapeutic Jurisprudence and Overcoming Violence Against Women
Author: Halder, Debarati
Publisher: IGI Global
ISBN: 1522524738
Category : Law
Languages : en
Pages : 369
Book Description
Law is a multi-dimensional aspect of modern society that constantly shifts and changes over time. In recent years, the practice of therapeutic jurisprudence has increased significantly as a valuable discipline. Therapeutic Jurisprudence and Overcoming Violence Against Women is a comprehensive reference source for the latest scholarly research on the strategic role of jurisprudential practices to benefit women and protect women’s rights. Highlighting a range of perspectives on topics such as reproductive rights, workplace safety, and victim-offender overlap, this book is ideally designed for academics, practitioners, policy makers, students, and practitioners seeking research on utilizing the law as a social force in modern times.
Publisher: IGI Global
ISBN: 1522524738
Category : Law
Languages : en
Pages : 369
Book Description
Law is a multi-dimensional aspect of modern society that constantly shifts and changes over time. In recent years, the practice of therapeutic jurisprudence has increased significantly as a valuable discipline. Therapeutic Jurisprudence and Overcoming Violence Against Women is a comprehensive reference source for the latest scholarly research on the strategic role of jurisprudential practices to benefit women and protect women’s rights. Highlighting a range of perspectives on topics such as reproductive rights, workplace safety, and victim-offender overlap, this book is ideally designed for academics, practitioners, policy makers, students, and practitioners seeking research on utilizing the law as a social force in modern times.
Overcoming the Darkness
Author: Eric Weaver
Publisher:
ISBN: 9780578755717
Category :
Languages : en
Pages :
Book Description
Sgt. Eric Weaver (Ret.) lives with mental illness and struggled with the issue of suicide on numerous occasions, including multiple hospitalizations, while serving as a police sergeant, pastor, and training consultant. Now he is a nationally recognized expert, speaker, instructor, and advocate on law enforcement mental health issues, including officer wellness and Crisis Intervention Team training. In Overcoming the Darkness, he gives a raw accounting of his own experiences coupled with knowledge and pragmatic advice gained from 20 years of instructing literally thousands in law enforcement about mental illness, cumulative stress, trauma, substance use, PTSD, and suicide. As he explains: "I wrote this book for my fellow colleagues in all walks of law enforcement, from patrol to corrections, as well as for their loved ones. These are the people who keep our world safe and often pay a high price for fulfilling their duty. We often think of that price in terms of physical loss, but what has been very clear to me over the years is that the price is equally steep, if not even more so, both mentally and emotionally."
Publisher:
ISBN: 9780578755717
Category :
Languages : en
Pages :
Book Description
Sgt. Eric Weaver (Ret.) lives with mental illness and struggled with the issue of suicide on numerous occasions, including multiple hospitalizations, while serving as a police sergeant, pastor, and training consultant. Now he is a nationally recognized expert, speaker, instructor, and advocate on law enforcement mental health issues, including officer wellness and Crisis Intervention Team training. In Overcoming the Darkness, he gives a raw accounting of his own experiences coupled with knowledge and pragmatic advice gained from 20 years of instructing literally thousands in law enforcement about mental illness, cumulative stress, trauma, substance use, PTSD, and suicide. As he explains: "I wrote this book for my fellow colleagues in all walks of law enforcement, from patrol to corrections, as well as for their loved ones. These are the people who keep our world safe and often pay a high price for fulfilling their duty. We often think of that price in terms of physical loss, but what has been very clear to me over the years is that the price is equally steep, if not even more so, both mentally and emotionally."
Thinking about Law
Author: Oren Ben-Dor
Publisher: Bloomsbury Publishing
ISBN: 1847313825
Category : Law
Languages : en
Pages : 430
Book Description
What calls for thinking about law? What does it mean to think about? What is aboutness? Could it be that law, in its essence, has not yet been thought about? In exploring these questions, this book closely reads Heidegger's thought, especially his later poetical writings. Heidegger's transformation of the very notion and process of thinking has destabilising implications for the formation of any theory of law, however critical this theory may be. The transformation of thinking also affects the notions of ethics and morality, and the manner in which law relates to them. Interpretations of Heidegger's unique understanding of notions such as 'essence', 'thinking', 'language', 'truth' and 'nearness' come together to indicate the otherness of the essence of law from what is referred to as the 'legal'. If the essence of law has not yet been thought about, what generates deafness to the call for such thinking, thereby entrenching a refuge for legalism? The ambit of the legal is traced to Levinasian ethics, especially to his notion of otherness, despite such a notion being apparently highly critical of the totality of the legal. In entrenching the legal, it is argued that Levinas's notion of otherness does not reflect thinking that is otherwise than ontology but rather radicalises and maintains a derivative ontology. A call for thinking about law is then connected to Heideggerian ontologically based otherness upon which ethical reflection, that the essence of law protects, is grounded.
Publisher: Bloomsbury Publishing
ISBN: 1847313825
Category : Law
Languages : en
Pages : 430
Book Description
What calls for thinking about law? What does it mean to think about? What is aboutness? Could it be that law, in its essence, has not yet been thought about? In exploring these questions, this book closely reads Heidegger's thought, especially his later poetical writings. Heidegger's transformation of the very notion and process of thinking has destabilising implications for the formation of any theory of law, however critical this theory may be. The transformation of thinking also affects the notions of ethics and morality, and the manner in which law relates to them. Interpretations of Heidegger's unique understanding of notions such as 'essence', 'thinking', 'language', 'truth' and 'nearness' come together to indicate the otherness of the essence of law from what is referred to as the 'legal'. If the essence of law has not yet been thought about, what generates deafness to the call for such thinking, thereby entrenching a refuge for legalism? The ambit of the legal is traced to Levinasian ethics, especially to his notion of otherness, despite such a notion being apparently highly critical of the totality of the legal. In entrenching the legal, it is argued that Levinas's notion of otherness does not reflect thinking that is otherwise than ontology but rather radicalises and maintains a derivative ontology. A call for thinking about law is then connected to Heideggerian ontologically based otherness upon which ethical reflection, that the essence of law protects, is grounded.
Not a Suicide Pact
Author: Richard A. Posner
Publisher: Oxford University Press
ISBN: 0195304276
Category : Law
Languages : en
Pages : 186
Book Description
Many of the measures taken by the Bush administration since 9/11 have sparkedheated protests. Judge Richard A. Posner offers a cogent and elegant responseto these protests, arguing that personal liberty must be balanced with publicsafety in the face of grave national danger.
Publisher: Oxford University Press
ISBN: 0195304276
Category : Law
Languages : en
Pages : 186
Book Description
Many of the measures taken by the Bush administration since 9/11 have sparkedheated protests. Judge Richard A. Posner offers a cogent and elegant responseto these protests, arguing that personal liberty must be balanced with publicsafety in the face of grave national danger.