Courts Liberalism And Rights

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Courts Liberalism And Rights

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Author : Jason Pierceson
language : en
Publisher: Temple University Press
Release Date : 2005-10-02

Courts Liberalism And Rights written by Jason Pierceson and has been published by Temple University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2005-10-02 with Law categories.

In the courts, the best chance for achieving a broad set of rights for gays and lesbians lies with judges who view liberalism as grounded in an expansion of rights rather than a constraint of government activity. At a time when most gay and lesbian politics focuses only on the issue of gay marriage, Courts, Liberalism, and Rights guides readers through a nuanced discussion of liberalism, court rulings on sodomy laws and same-sex marriage, and the comparative progress gays and lesbians have made via the courts in Canada. As debates continue about the ability of courts to affect social change, Jason Pierceson argues that this is possible. He claims that the greatest opportunity for reform via the judiciary exists when a judiciary with broad interpretive powers encounters a political culture that endorses a form of liberalism based on broadly conceived individual rights; not a negative set of rights to be held against the state, but a set of rights that recognizes the inherent dignity and worth of every individual.

Against Post Liberal Courts And Justice

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Author : Lesley A. Jacobs
language : en
Publisher: Springer Nature
Release Date : 2024-01-28

Against Post Liberal Courts And Justice written by Lesley A. Jacobs and has been published by Springer Nature this book supported file pdf, txt, epub, kindle and other format this book has been release on 2024-01-28 with Political Science categories.

This book covers how Liberal institutions – constitutional democracy, economic markets, liberal courts, free trade, international human rights – around the world are under assault by the political right and we are witnessing the emergence of post-liberal institutions. These post-liberal institutions are founded on the core conviction that the actions of liberal institutions including the United States Supreme Court are patently unjust. This volume makes the case against post-liberal courts and justice by reconnecting to the principles of moral equality and dignified freedom for all. The intention is to show how there is great untapped potential in the work of Ronald Dworkin’s work to demonstrate that it can help progressive liberals think through the great issues of the day and respond to the contemporary criticisms of the political right. The core themes are concretely illustrated by focusing on some of the most controversial recent post-liberal decisions of the Supreme Court, ranging from election funding to abortion to race-sensitive affirmative action, to economic inequality in an age of increasingly unequal opportunities.

Courts Liberalism And Glbt Rights

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Author : Jason A. Pierceson
language : en
Publisher:
Release Date : 2005

Courts Liberalism And Glbt Rights written by Jason A. Pierceson and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2005 with Gay couples categories.

Courts Liberalism And Glbt Rights

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Author : Jason A. Pierceson
language : en
Publisher:
Release Date : 2003

Courts Liberalism And Glbt Rights written by Jason A. Pierceson and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2003 with Gay couples categories.

Pillars Of Justice

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Author : Owen Fiss
language : en
Publisher: Harvard University Press
Release Date : 2017-05-08

Pillars Of Justice written by Owen Fiss and has been published by Harvard University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017-05-08 with Law categories.

Pillars of Justice explores the purpose and possibilities of life in the law through moving accounts of thirteen lawyers who shaped the legal world during the past half century. Some, such as Thurgood Marshall, were Supreme Court Justices. Others, like John Doar and Burke Marshall, set the civil rights policies of the federal government during the 1960s. Some, including Harry Kalven and Catharine MacKinnon, have taught at the greatest law schools of the nation and nourished the liberalism rooted in the civil rights era. Jurists from abroad—Aharon Barak, for example—were responsible for the rise of the human rights movement that today carries the burden of advancing liberal values. These lawyers came from diverse backgrounds and held various political views. What unites them is a deep, abiding commitment to Brown v. Board of Education as an exceptional moment in the life of the law—a willingness to move mountains, if need be, to ensure that we are living up to our best selves. In tracing how these lawyers over a period of fifty years used the Brown ruling and its spirit as a beacon to guide their endeavors, this history tells the epic story of the liberal tradition in the law. For Owen Fiss, one of the country’s leading constitutional theorists, the people described were mentors, colleagues, friends. In his portraits, Fiss tries to identify the unique qualities of mind and character that made these individuals so important to the institutions and legal principles they served.

Philosophy Of Law

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Author : Walter E. Block
language : en
Publisher: Springer Nature
Release Date : 2019-11-14

Philosophy Of Law written by Walter E. Block and has been published by Springer Nature this book supported file pdf, txt, epub, kindle and other format this book has been release on 2019-11-14 with Law categories.

Looking at discrimination, education, environment, health and crime, this volume analyses United States Supreme Court rulings on several legal issues and proposed libertarian solutions to each problem. Setting their own liberal theory of law, each chapter discusses the law at hand, what it should be, and what it would be if their political economic philosophy were the justification of the legal practice. Covering issues such as sexual harassment, religion, markets in human organs, drug prohibition and abortion, this book is a timely contribution to classical liberal debate on law and economics.

Community And The Law

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Author : Takao Tanase
language : en
Publisher: Edward Elgar Publishing
Release Date : 2010-01-01

Community And The Law written by Takao Tanase and has been published by Edward Elgar Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2010-01-01 with Political Science categories.

Takao Tanase seamlessly combines sociolegal and philosophical analysis as he explores the tensions between individual legal rights and communitarian values in settings ranging from post-divorce visitation rights to tort liability, lawyer client relationships, and rising litigation rates. Contrasting Japan with the individualistic thrust of American law, Tanase stresses the importance of building legal processes that encourage stronger social and communal bonds. Students of law and society on all continents will find rich food for thought in this intellectually bold and intriguing volume. Robert A. Kagan, University of California, Berkeley, US Takao Tanase s Community and the Law is a path breaking and often surprising interpretation of legal culture in Japan which includes subtle analyses of the changing role of lawyers and courts and the extent to which modernity and reliance on law are interlinked. But it is much more than that. His reflections on the different way law responds to social dilemmas in Japan and the USA are the building blocks of a much more ambitious project no less than constructing a coherent account of what law can and should do to maintain communal ties in postmodern times. The book is a pleasure to read for its learning and sophistication. Nottage and Wolff also deserve high praise for their light touch as editors and translators. David Nelken, University of Cardiff, UK and University of Macerata, Italy This important book translates seven landmark essays by one of Japan s most respected and influential legal thinkers. While Takao Tanase concedes that law might not matter as much in Japan as it does in the United States, in a provocative challenge to socio-legal researchers and comparative lawyers, he asks: why should it? The issue, he contends, is not whether law matters to society; it is how society matters to law. Developing a descriptive and normative theory of community and the law, the author directly challenges the view that legal liberalism represents the pinnacle of legal achievement. He criticises liberalism for destroying community in the United States and for offering false hope for a delayed modernity in Japan. By applying a distinctive interpretivist methodology, he constructs a communitarian model of law and society that serves as an alternative to legal liberalism. The book challenges conventional understandings of such legal sociological staples as torts, lawyers ethics, family law, human rights, constitutionalism and litigiousness. This fascinating book will prove a stimulating, thought provoking read for researchers and scholars of law, Japanese and American studies, sociology and jurisprudence.

The Political Morality Of Liberal Democracy

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Author : Michael J. Perry
language : en
Publisher: Cambridge University Press
Release Date : 2010

The Political Morality Of Liberal Democracy written by Michael J. Perry and has been published by Cambridge University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2010 with Law categories.

This important new work elaborates and defends an account of the political morality of liberal democracy.

Taking Rights Seriously

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Author : Ronald Dworkin
language : en
Publisher: Harvard University Press
Release Date : 2018-06-25

Taking Rights Seriously written by Ronald Dworkin and has been published by Harvard University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2018-06-25 with Philosophy categories.

What is law? What is it for? How should judges decide novel cases when the statutes and earlier decisions provide no clear answer? Do judges make up new law in such cases, or is there some higher law in which they discover the correct answer? Must everyone always obey the law? If not, when is a citizen morally free to disobey? A renowned philosopher enters the debate surrounding these questions. Clearly and forcefully, Ronald Dworkin argues against the “ruling” theory in Anglo-American law—legal positivism and economic utilitarianism—and asserts that individuals have legal rights beyond those explicitly laid down and that they have political and moral rights against the state that are prior to the welfare of the majority. Mr. Dworkin criticizes in detail the legal positivists’ theory of legal rights, particularly H. L. A. Hart’s well-known version of it. He then develops a new theory of adjudication, and applies it to the central and politically important issue of cases in which the Supreme Court interprets and applies the Constitution. Through an analysis of John Rawls’s theory of justice, he argues that fundamental among political rights is the right of each individual to the equal respect and concern of those who govern him. He offers a theory of compliance with the law designed not simply to answer theoretical questions about civil disobedience, but to function as a guide for citizens and officials. Finally, Professor Dworkin considers the right to liberty, often thought to rival and even preempt the fundamental right to equality. He argues that distinct individual liberties do exist, but that they derive, not from some abstract right to liberty as such, but from the right to equal concern and respect itself. He thus denies that liberty and equality are conflicting ideals. Ronald Dworkin’s theory of law and the moral conception of individual rights that underlies it have already made him one of the most influential philosophers working in this area. This is the first publication of these ideas in book form.

Public Reason And Courts

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Author : Silje A. Langvatn
language : en
Publisher: Cambridge University Press
Release Date : 2020-06-04

Public Reason And Courts written by Silje A. Langvatn and has been published by Cambridge University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2020-06-04 with Law categories.

A comprehensive study of public reason for courts, with contributions from leading scholars in philosophy, political science and law.