Legal Scholarship Symposium PDF Download

Author:
Publisher:
ISBN:
Category : Civil rights
Languages : en
Pages : 150

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Author: Ronald Dworkin
Publisher: Harvard University Press
ISBN: 0674728041
Category : Philosophy
Languages : en
Pages : 71

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In his last book, Ronald Dworkin addresses questions that men and women have asked through the ages: What is religion and what is God’s place in it? What is death and what is immortality? Based on the 2011 Einstein Lectures, Religion without God is inspired by remarks Einstein made that if religion consists of awe toward mysteries which “manifest themselves in the highest wisdom and the most radiant beauty, and which our dull faculties can comprehend only in the most primitive forms,” then, he, Einstein, was a religious person. Dworkin joins Einstein’s sense of cosmic mystery and beauty to the claim that value is objective, independent of mind, and immanent in the world. He rejects the metaphysics of naturalism—that nothing is real except what can be studied by the natural sciences. Belief in God is one manifestation of this deeper worldview, but not the only one. The conviction that God underwrites value presupposes a prior commitment to the independent reality of that value—a commitment that is available to nonbelievers as well. So theists share a commitment with some atheists that is more fundamental than what divides them. Freedom of religion should flow not from a respect for belief in God but from the right to ethical independence. Dworkin hoped that this short book would contribute to rational conversation and the softening of religious fear and hatred. Religion without God is the work of a humanist who recognized both the possibilities and limitations of humanity.

Author: Andrea Freeman
Publisher: Stanford University Press
ISBN: 1503610810
Category : Law
Languages : en
Pages : 309

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Born into a tenant farming family in North Carolina in 1946, Mary Louise, Mary Ann, Mary Alice, and Mary Catherine were medical miracles. Annie Mae Fultz, a Black-Cherokee woman who lost her ability to hear and speak in childhood, became the mother of America's first surviving set of identical quadruplets. They were instant celebrities. Their White doctor named them after his own family members. He sold the rights to use the sisters for marketing purposes to the highest-bidding formula company. The girls lived in poverty, while Pet Milk's profits from a previously untapped market of Black families skyrocketed. Over half a century later, baby formula is a seventy-billion-dollar industry and Black mothers have the lowest breastfeeding rates in the country. Since slavery, legal, political, and societal factors have routinely denied Black women the ability to choose how to feed their babies. In Skimmed, Andrea Freeman tells the riveting story of the Fultz quadruplets while uncovering how feeding America's youngest citizens is awash in social, legal, and cultural inequalities. This book highlights the making of a modern public health crisis, the four extraordinary girls whose stories encapsulate a nationwide injustice, and how we can fight for a healthier future.

Author: Maksymilian Del Mar
Publisher: Bloomsbury Publishing
ISBN: 150993619X
Category : Law
Languages : en
Pages : 932

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Winner of the 2022 Commendation for Excellence by the International Association for Legal and Social Philosophy (IVR). What is the value of fictions, metaphors, figures and scenarios in adjudication? This book develops three models to help answer that question: inquiry, artefacts and imagination. Legal language, it is argued, contains artefacts – forms that signal their own artifice and call upon us to do things with them. To imagine, in turn, is to enter a distinctive epistemic frame where we temporarily suspend certain epistemic norms and commitments and participate actively along a spectrum of affective, sensory and kinesic involvement. The book argues that artefacts and related processes of imagination are valuable insofar as they enable inquiry in adjudication, ie the social (interactive and collective) process of making insight into what values, vulnerabilities and interests might be at stake in a case and in similar cases in the future. Artefacts of Legal Inquiry is structured in two parts, with the first offering an account of the three models of inquiry, artefacts and imagination, and the second examining four case studies (fictions, metaphors, figures and scenarios). Drawing on a broad range of theoretical traditions – including philosophy of imagination and emotion, the theory and history of rhetoric, and the cognitive humanities – this book offers an interdisciplinary defence of the importance of artefactual language and imagination in adjudication.

Author: James Bacchus
Publisher: Cambridge University Press
ISBN: 1009098101
Category : Business & Economics
Languages : en
Pages : 405

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Book Description
This book details how the World Trade Organization must transform to free trade, fight climate change, and further sustainable development.

Author: Randy J. Kozel
Publisher: Cambridge University Press
ISBN: 110712753X
Category : Law
Languages : en
Pages : 191

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Book Description
This book analyzes the theoretical nuances and practical implications of how judges use precedent.

Author: Ntina Tzouvala
Publisher: Cambridge University Press
ISBN: 1108497187
Category : Law
Languages : en
Pages : 277

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Using the theoretical tools drawn from historical materialism and deconstruction, Tzouvala offers a comprehensive history of the standard of civilisation.

Author: Keith E. Whittington
Publisher: University Press of Kansas
ISBN: 0700630368
Category : Political Science
Languages : en
Pages : 432

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Book Description
When the Supreme Court strikes down favored legislation, politicians cry judicial activism. When the law is one politicians oppose, the court is heroically righting a wrong. In our polarized moment of partisan fervor, the Supreme Court’s routine work of judicial review is increasingly viewed through a political lens, decried by one side or the other as judicial overreach, or “legislating from the bench.” But is this really the case? Keith E. Whittington asks in Repugnant Laws, a first-of-its-kind history of judicial review. A thorough examination of the record of judicial review requires first a comprehensive inventory of relevant cases. To this end, Whittington revises the extant catalog of cases in which the court has struck down a federal statute and adds to this, for the first time, a complete catalog of cases upholding laws of Congress against constitutional challenges. With reference to this inventory, Whittington is then able to offer a reassessment of the prevalence of judicial review, an account of how the power of judicial review has evolved over time, and a persuasive challenge to the idea of an antidemocratic, heroic court. In this analysis, it becomes apparent that that the court is political and often partisan, operating as a political ally to dominant political coalitions; vulnerable and largely unable to sustain consistent opposition to the policy priorities of empowered political majorities; and quasi-independent, actively exercising the power of judicial review to pursue the justices’ own priorities within bounds of what is politically tolerable. The court, Repugnant Laws suggests, is a political institution operating in a political environment to advance controversial principles, often with the aid of political leaders who sometimes encourage and generally tolerate the judicial nullification of federal laws because it serves their own interests to do so. In the midst of heated battles over partisan and activist Supreme Court justices, Keith Whittington’s work reminds us that, for better or for worse, the court reflects the politics of its time.

Author: Carsten Stahn
Publisher:
ISBN: 0198864183
Category : Law
Languages : en
Pages : 481

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This work is the first to examine the expressive and communicative functions of law in a comprehensive way in the field of atrocity crime. It shows that expression and communication are not only inherent parts of the punitive functions of international criminal justice, but are represented in a whole spectrum of practices.

Author: Rossana Deplano
Publisher: Edward Elgar Publishing
ISBN: 1788976371
Category : Law
Languages : en
Pages : 215

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This unique book examines the role non-doctrinal research methods play in international legal research: what do they add to the traditional doctrinal analysis of law and what do they neglect? Focusing on empirical and socio-legal methods, it provides a critical evaluation of the breadth, scope and limits of the representation of international law created by these often-neglected methodologies.