Judging The Past
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Judging The Past
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Author : Geoffrey Scarre
language : en
Publisher: Springer Nature
Release Date : 2023-10-14
Judging The Past written by Geoffrey Scarre and has been published by Springer Nature this book supported file pdf, txt, epub, kindle and other format this book has been release on 2023-10-14 with Philosophy categories.
This book presents an extended argument for the thesis that people of the present day are not debarred in principle from passing moral judgement on people who lived in former days, notwithstanding the inevitable differences in social and cultural circumstances that separate us. Some philosophers argue that because we can see things only from our own peculiar historical situation, we lack a sufficiently objective vantage point from which to appraise past people and their acts. If they are correct, then the judgements passed by twenty-first-century people must inevitably be biased and irrelevant, grounded on moral standards that would have seemed alien in that 'foreign country' of the past. This book challenges this relativistic position, contending that it seriously underestimates our ability to engage imaginatively with people who, however much their lifestyles may have differed from our own, were our fellow human beings, endowed with the same basic instincts, aversions, desires and aspirations. Taking a stand on a naturalistic theory of human beings, coupled with a Kantian conception of the equal worth of all human members of the Kingdom of Ends, Scarre argues that historical moral judgements can be sensitive to circumstances, fitting and fair, and untainted by anachronism. The discussion ends by examining the implications of this position for the practice of historians and for the ethics of memory and commemoration.
Judging The Past In Unified Germany
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Author : A. James McAdams
language : en
Publisher: Cambridge University Press
Release Date : 2001-04-02
Judging The Past In Unified Germany written by A. James McAdams 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 2001-04-02 with History categories.
This 2001 book examines how government of unified Germany has dealt with former government of Communist East Germany.
The Making Of The English Working Class
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Author : Edward Palmer Thompson
language : en
Publisher: IICA
Release Date : 1964
The Making Of The English Working Class written by Edward Palmer Thompson and has been published by IICA this book supported file pdf, txt, epub, kindle and other format this book has been release on 1964 with Social Science categories.
This account of artisan and working-class society in its formative years, 1780 to 1832, adds an important dimension to our understanding of the nineteenth century. E.P. Thompson shows how the working class took part in its own making and re-creates the whole life experience of people who suffered loss of status and freedom, who underwent degradation and who yet created a culture and political consciousness of great vitality.
The Judge And The Historian
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Author : Carlo Ginzburg
language : en
Publisher: Verso
Release Date : 2002-08-17
The Judge And The Historian written by Carlo Ginzburg and has been published by Verso this book supported file pdf, txt, epub, kindle and other format this book has been release on 2002-08-17 with History categories.
Carlo Ginzburg draws on his work on witchcraft trials in the 16th and 17th centuries to dissect the weaknesses of the state's case in the 20th-century show trial of Italian communists, Sofri, Bompressi and Pietrostefani.
Judging From The Past And Present What Are The Prospects For Good Architecture In London
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Author : Cardinal H. E. Wiseman
language : en
Publisher:
Release Date : 1864
Judging From The Past And Present What Are The Prospects For Good Architecture In London written by Cardinal H. E. Wiseman and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1864 with Architecture categories.
Judges And Judging In The History Of The Common Law And Civil Law
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Author : Paul A. Brand
language : en
Publisher:
Release Date : 2012
Judges And Judging In The History Of The Common Law And Civil Law written by Paul A. Brand and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2012 with Courts categories.
"More than two hundred legal historians, from every corner of the globe, met in Oxford at the Eighteenth British Legal History Conference in early July 2007 to hear and present papers on the history of "judges and judging". A selection of the papers presented at the conference has now been revised and edited to form the chapters of this volume. Perhaps the theme of the conference and of this publication needs some initial explanation. The Legal Realists of the 1920s and 1930s rightly questioned the pre-eminence given to the study of decision-making in the courts in American legal education, and similar ideas have entered British and Commonwealth legal education in the past generation; the utterances of judges are not taken as the sum of, or even the core of, the law. But this is hardly news for legal historians. They have long been effortless, even naively unselfconscious, Realists, always concerned to understand the making of the law within the context of its time, with due attention to the society in which law is embedded and the shifting mentalities of professionals and other players in the legal system"--
Beyond The Formalist Realist Divide
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Author : Brian Z. Tamanaha
language : en
Publisher: Princeton University Press
Release Date : 2009-10-26
Beyond The Formalist Realist Divide written by Brian Z. Tamanaha and has been published by Princeton University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2009-10-26 with Law categories.
According to conventional wisdom in American legal culture, the 1870s to 1920s was the age of legal formalism, when judges believed that the law was autonomous and logically ordered, and that they mechanically deduced right answers in cases. In the 1920s and 1930s, the story continues, the legal realists discredited this view by demonstrating that the law is marked by gaps and contradictions, arguing that judges construct legal justifications to support desired outcomes. This often-repeated historical account is virtually taken for granted today, and continues to shape understandings about judging. In this groundbreaking book, esteemed legal theorist Brian Tamanaha thoroughly debunks the formalist-realist divide. Drawing from extensive research into the writings of judges and scholars, Tamanaha shows how, over the past century and a half, jurists have regularly expressed a balanced view of judging that acknowledges the limitations of law and of judges, yet recognizes that judges can and do render rule-bound decisions. He reveals how the story about the formalist age was an invention of politically motivated critics of the courts, and how it has led to significant misunderstandings about legal realism. Beyond the Formalist-Realist Divide traces how this false tale has distorted studies of judging by political scientists and debates among legal theorists. Recovering a balanced realism about judging, this book fundamentally rewrites legal history and offers a fresh perspective for theorists, judges, and practitioners of law.
Judging War Judging History
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Author : Pierre Hazan
language : en
Publisher:
Release Date : 2010
Judging War Judging History written by Pierre Hazan and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2010 with Law categories.
"Pierre Hazan, in a brilliant and erudite book beautifully written, analyzes the fascinating account of the judicial and cultural revolution that started after the end of the Cold War."---Le Monde Diplomatique --
Beyond The Formalist Realist Divide
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Author : Brian Z. Tamanaha
language : en
Publisher:
Release Date : 2010
Beyond The Formalist Realist Divide written by Brian Z. Tamanaha and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2010 with Judges categories.
"Drawing from extensive research into the writings of judges and scholar, Brian Tamanaha shows how, over the past century and a half, jurists have regularly expressed a balanced view of judging that acknowledges the limitations of law and of judges, yet recognizes that judges can and do render rule-bound decisions. He reveals how the story about the formalist age was an invention of politically motivated critics of the courts, and how it has led to significant misunderstandings about legal realism."--[book cover]
A Dialogue Between Law And History
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Author : Baosheng Zhang
language : en
Publisher: Springer Nature
Release Date : 2020-12-14
A Dialogue Between Law And History written by Baosheng Zhang and has been published by Springer Nature this book supported file pdf, txt, epub, kindle and other format this book has been release on 2020-12-14 with Law categories.
This book builds on the success of the First International Conference on Facts and Evidence: A Dialogue between Law and Philosophy (Shanghai, China, May 2016), which was co-hosted by the Collaborative Innovation Center of Judicial Civilization (CICJC) and East China Normal University. The Second International Conference on Facts and Evidence: A Dialogue between Law and History was jointly organized by the CICJC, the Institute of Evidence Law and Forensic Science (ELFS) at China University of Political Science and Law (CUPL), and Peking University School of Transnational Law (STL) in Shenzhen, China, on November 16–17, 2019. Historians, legal scholars and legal practitioners share the same interest in ascertaining the “truth” in their respective professional endeavors. It is generally recognized that any historical study without truthful narration of historical events is fiction and that any judicial trial without accurate fact-finding is a miscarriage of justice. In both historical research and the judicial process, practitioners are invariably called upon, before making any arguments, to prove the underlying facts using evidence, regardless of how the concept is defined or employed in different academic or practical contexts. Thus, historians and legal professionals have respectively developed theories and methodological tools to inform and explain the process of gathering evidentiary proof. When lawyers and judges reconsider the facts of cases, “questions of law” are actually a subset of “questions of fact,” and thus, the legal interpretation process also involves questions of “historical fact.” The book brings together more than twenty leading history and legal scholars from around the world to explore a range of issues concerning the role of facts as evidence in both disciplines. As such, the book is of enduring value to historians, legal scholars and everyone interested in truth-seeking.
