In Praise Of Intransigence
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In Praise Of Intransigence
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Author : Richard H. Weisberg
language : en
Publisher: Oxford University Press
Release Date : 2014-05-05
In Praise Of Intransigence written by Richard H. Weisberg and has been published by Oxford University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2014-05-05 with Philosophy categories.
Flexibility is usually seen as a virtue in today's world. Even the dictionary seems to dislike those who stick too hard to their own positions. The thesaurus links "intransigence" to a whole host of words signifying a distaste for loyalty to fixed positions: intractable, stubborn, Pharisaic, close-minded, and stiff-necked, to name a few. In this short and provocative book, constitutional law professor Richard H. Weisberg asks us to reexamine our collective cultural bias toward flexibility, open-mindedness, and compromise. He argues that flexibility has not fared well over the course of history. Indeed, emergencies both real and imagined have led people to betray their soundest traditions. Weisberg explores the rise of flexibility, which he traces not only to the Enlightenment but further back to early Christian reinterpretation of Jewish sacred texts. He illustrates his argument with historical examples from Vichy France and the occupation of the British Channel Islands during World War II as well as post-9/11 betrayals of sound American traditions against torture, eavesdropping, unlimited detention, and drone killings. Despite the damage wrought by Western society's incautious embrace of flexibility over the past two millennia, Weisberg does not make the case for unthinking rigidity. Rather, he argues that a willingness to embrace intransigence allows us to recognize that we have beliefs worth holding on to -- without compromise.
In Praise Of Intransigence
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Author : Richard H. Weisberg
language : en
Publisher: Oxford University Press
Release Date : 2014-05-05
In Praise Of Intransigence written by Richard H. Weisberg and has been published by Oxford University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2014-05-05 with Philosophy categories.
Flexibility is usually seen as a virtue in today's world. Even the dictionary seems to dislike those who stick too hard to their own positions. The thesaurus links "intransigence" to a whole host of words signifying a distaste for loyalty to fixed positions: intractable, stubborn, Pharisaic, close-minded, and stiff-necked, to name a few. In this short and provocative book, constitutional law professor Richard H. Weisberg asks us to reexamine our collective cultural bias toward flexibility, open-mindedness, and compromise. He argues that flexibility has not fared well over the course of history. Indeed, emergencies both real and imagined have led people to betray their soundest traditions. Weisberg explores the rise of flexibility, which he traces not only to the Enlightenment but further back to early Christian reinterpretation of Jewish sacred texts. He illustrates his argument with historical examples from Vichy France and the occupation of the British Channel Islands during World War II as well as post-9/11 betrayals of sound American traditions against torture, eavesdropping, unlimited detention, and drone killings. Despite the damage wrought by Western society's incautious embrace of flexibility over the past two millennia, Weisberg does not make the case for unthinking rigidity. Rather, he argues that a willingness to embrace intransigence allows us to recognize that we have beliefs worth holding on to -- without compromise.
Legal Realisms
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Author : Christine Holbo
language : en
Publisher: Oxford University Press, USA
Release Date : 2019-09-02
Legal Realisms written by Christine Holbo and has been published by Oxford University Press, USA this book supported file pdf, txt, epub, kindle and other format this book has been release on 2019-09-02 with History categories.
United States historians have long regarded the U.S. Civil War and its Reconstruction as a second American revolution. Literary scholars, however, have yet to show how fully these years revolutionized the American imagination. Emblematic of this moment was the post-war search for a "Great American Novel"--a novel fully adequate to the breadth and diversity of the United States in the era of the Fourteenth Amendment. While the passage of the Reconstruction Amendments declared the ideal of equality before the law a reality, persistent and increasing inequality challenged idealists and realists alike. The controversy over what full representation should mean sparked debates about the value of cultural difference and aesthetic dissonance, and it led to a thoroughgoing reconstruction of the meaning of "realism" for readers, writers, politics, and law. The dilemmas of incomplete emancipation, which would damage and define American life from the late nineteenth century onwards, would also force novelists to reconsider the definition and possibilities of the novel as a genre of social representation. Legal Realisms examines these transformations in the face of uneven developments in the racial, ethnic, gender and class structure of American society. Offering provocative new readings of Mark Twain, Henry James, William Dean Howells, Helen Hunt Jackson, Albion Tourgée and others, Christine Holbo explores the transformation of the novel's distinctive modes of social knowledge in relation to developments in art, philosophy, law, politics, and moral theory. As Legal Realisms follows the novel through the worlds of California Native American removal and the Reconstruction-era South, of the Mississippi valley and the urban Northeast, this study shows how violence, prejudice, and exclusion haunted the celebratory literatures of national equality, but it demonstrates as well the way novelists' representation of the difficulty of achieving equality before the law helped Americans articulate the need for a more robust concept of social justice.
The Meaning Of Partisanship
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Author : Jonathan White
language : en
Publisher: Oxford University Press
Release Date : 2016-09-29
The Meaning Of Partisanship written by Jonathan White and has been published by Oxford University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016-09-29 with Political Science categories.
For a century at least, parties have been central to the study of politics. Yet their typical conceptual reduction to a network of power-seeking elites has left many to wonder why parties were ever thought crucial to democracy. This book seeks to retrieve a richer conception of partisanship, drawing on modern political thought and extending it in the light of contemporary democratic theory and practice. Looking beyond the party as organization, the book develops an original account of what it is to be a partisan. It examines the ideas, orientations, obligations, and practices constitutive of partisanship properly understood, and how these intersect with the core features of democratic life. Such an account serves to underline in distinctive fashion why democracy needs its partisans, and puts in relief some of the key trends of contemporary politics.
Research Handbook On Law And Literature
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Author : Goodrich, Peter
language : en
Publisher: Edward Elgar Publishing
Release Date : 2022-03-22
Research Handbook On Law And Literature written by Goodrich, Peter 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 2022-03-22 with Law categories.
In this original and thought-provoking Research Handbook, an international and interdisciplinary group of scholars, artists, lawyers, judges, and writers offer a range of perspectives on rethinking law by means of literary concepts. Presenting a comprehensive introduction to jurisliterary themes, it destabilises the traditional hierarchy that places law before literature and exposes the literary nature of the legal.
Wrestling With Shylock
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Author : Edna Nahshon
language : en
Publisher: Cambridge University Press
Release Date : 2017-03-10
Wrestling With Shylock written by Edna Nahshon 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 2017-03-10 with Fiction categories.
This book explores responses to The Merchant of Venice by Jewish writers, critics, theater artists, thinkers, religious leaders and institutions.
Ethics And Suffering Since The Holocaust
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Author : Ingrid L Anderson
language : en
Publisher: Routledge
Release Date : 2016-05-26
Ethics And Suffering Since The Holocaust written by Ingrid L Anderson and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016-05-26 with Philosophy categories.
For many, the Holocaust made thinking about ethics in traditional ways impossible. It called into question the predominance of speculative ontology in Western thought, and left many arguing that Western political, cultural and philosophical inattention to universal ethics were both a cause and an effect of European civilization's collapse in the twentieth century. Emmanuel Levinas, Elie Wiesel and Richard Rubenstein respond to this problem by insisting that ethics must be Western thought's first concern. Unlike previous thinkers, they locate humanity's source of universal ethical obligation in the temporal world of experience, where human suffering, rather than metaphysics, provides the ground for ethical engagement. All three thinkers contend that Judaism’s key lesson is that our fellow human is our responsibility, and use Judaism to develop a contemporary ethics that could operate with or without God. Ethics and Suffering since the Holocaust explores selected works of Levinas, Wiesel, and Rubenstein for practical applications of their ethics, analyzing the role of suffering and examining the use each thinker makes of Jewish sources and the advantages and disadvantages of this use. Finally, it suggests how the work of Jewish thinkers living in the wake of the Holocaust can be of unique value to those interested in the problem of ethics in the twentieth and twenty-first centuries. Presenting a thorough investigation of the work of Levinas, Wiesel and Rubinstein, this book is of key interest to students and scholars of Jewish studies, as well as Jewish ethics and philosophy.
Faustian Pact In International Law
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Author : Edwin Bikundo
language : en
Publisher: Edinburgh University Press
Release Date : 2024-05-31
Faustian Pact In International Law written by Edwin Bikundo and has been published by Edinburgh University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2024-05-31 with Law categories.
The book provides an original and captivating perspective on international law and Giorgio Agamben's work. The manuscript is profoundly aesthetic-textual in its approach, as exemplified in its deft and insightful close readings of drama (Goethe's Faust), prose fiction (Melville's Bartleby and Benito Cereno) and lyric, be it devotional (Laudes Regiae, Handel, 'The Lord is a Man of War') or otherwise (Edwin Starr's 'War', Boy George's 'War Song'). Attentive to language, plot, theme and characterisation, these readings not only read the texts in question, but they also read them anew, yielding fresh, innovative, and unique cultural legal interpretations.
The Powers And Duties Of An Arbitrator
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Author : Patricia Shaughnessy
language : en
Publisher: Kluwer Law International B.V.
Release Date : 2017-04-15
The Powers And Duties Of An Arbitrator written by Patricia Shaughnessy and has been published by Kluwer Law International B.V. this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017-04-15 with Law categories.
The scope of the arbitrator’s powers in arbitration proceedings has been widely discussed in recent years, but remains understudied. Among prominent international arbitrators, none have focused on this issue more than Dr. Pierre A. Karrer. Dr. Karrer is celebrated here on the occasion of his seventy-fifth birthday by more than thirty leading arbitration practitioners and academics worldwide who have been part of, and have been influenced by, his extensive professional career. Following Dr. Karrer’s primary interests, notably his advocacy of a strong arbitrator role in proceedings as evidenced in his lectures, presentations, and publications as well as in his own arbitrations, the contributions in this book consider such questions as the following: ·What are the sources of an arbitrator’s power? ·What are the limits of an arbitrator’s power? ·Should arbitrators have a role in encouraging settlement? ·May arbitrators regulate and impose sanctions against counsel? ·How managerial should arbitrators be? ·What are the duties and liabilities of arbitrators? ·What is the nature of the arbitrator’s relationship to arbitral institutions? ·Are emergency arbitrators actually ‘arbitrators’? ·Should arbitrators raise issues of arbitrability and public policy ex officio? ·To what extent may arbitrators delegate tasks and use tribunal secretaries? With its in-depth perspectives on the arbitrator’s role, powers, and duties in an arbitration proceeding, and its extensive analysis of some of the most timely and controversial issues in arbitration today, this book offers an abundance of thought-provoking yet also practical commentary and guidance for practitioners and academics in the field of international arbitration and international commercial law.
Resistance And Collaboration In Hitler S Empire
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Author : Vesna Drapac
language : en
Publisher: Bloomsbury Publishing
Release Date : 2017-09-16
Resistance And Collaboration In Hitler S Empire written by Vesna Drapac and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017-09-16 with History categories.
This new study provides a concise, accessible introduction to occupied Europe. It gives a clear overview of the history and historiography of resistance and collaboration. It explores how these terms cannot be examined separately, but are always entangled. Covering Europe from east to west, this book aims to explore the evolution of scholarly approaches to resistance and collaboration. Not limiting itself to any one area, it looks at armed struggle, daily life, complicity and rescue, the Catholic Church, and official and public memory since the end of the war.