The Supreme Court And The Philosopher
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The Supreme Court And The Philosopher
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Author : Eric T. Kasper
language : en
Publisher: Cornell University Press
Release Date : 2024-04-15
The Supreme Court And The Philosopher written by Eric T. Kasper and has been published by Cornell University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2024-04-15 with History categories.
The Supreme Court and the Philosopher illustrates how the modern US Supreme Court has increasingly adopted a view of the constitutional right to the freedom of expression that is classically liberal in nature, reflecting John Stuart Mill's reasoning in On Liberty. A landmark treatise outlining the merits of limiting governmental and social power over the individual, On Liberty advocates for a maximum protection of human freedom. Proceeding case by case and covering a wide array of issues, such as campaign finance, offensive speech, symbolic speech, commercial speech, online expression, and false statements, Eric T. Kasper and Troy A. Kozma show how the Supreme Court justices have struck down numerous laws for infringing on the freedom of expression. Kasper and Kozma demonstrate how the adoption of Mill's version of free speech began with Justice Oliver Wendell Holmes Jr. more than a century ago and expanded over time to become the prevailing position of the Court today. The authors argue that this embrace of Mill's rationale has led to an unmistakable reorientation in the Court's understanding of free expression jurisprudence. The Supreme Court and the Philosopher is the first book to comprehensively explore how the political philosophy of Mill has influenced the highest court in the land. In targeting the underlying philosophical reasons that explain why the modern Supreme Court renders its First Amendment decisions, this book is particularly timely, as the issues of censorship and freedom of expression are debated in the public square today.
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.
Law And Philosophy
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Author : Thomas W. Simon
language : en
Publisher: McGraw-Hill Humanities, Social Sciences & World Languages
Release Date : 2001
Law And Philosophy written by Thomas W. Simon and has been published by McGraw-Hill Humanities, Social Sciences & World Languages this book supported file pdf, txt, epub, kindle and other format this book has been release on 2001 with Law categories.
This analytical anthology introduces students with little background in either to both law and philosophy using prominent classic political philosophers, legal theorists, and abundant landmark court cases. Legal issues are placed in their historical and philosophical contexts. The book considers critical issues such as civil disobedience, war crimes, and the death penalty. It teaches the basics of international, constitutional, and criminal law and shows how philosophy of law helps makes sense of and unifies the seeming scraps and fragments of law. The chapters focus on different areas of law and on different philosophers and philosophies. A classical political philosopher anchors each area of law covered. The anthology includes writings from prominent political philosophers (Plato, Aristotle, Hobbes, Locke, Kant, Mill, Nietzsche, and Rawls), from classical legal theorists (Aquinas, Grotius, Austin, Fuller, Hart, and Dworkin), and from judicial opinions (Justices Blackmun, Brennan, Marshall, Rehnquist, and Scalia).
Philosophy Of Law
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Author : Larry May
language : en
Publisher: John Wiley & Sons
Release Date : 2009-05-18
Philosophy Of Law written by Larry May and has been published by John Wiley & Sons this book supported file pdf, txt, epub, kindle and other format this book has been release on 2009-05-18 with Philosophy categories.
Philosophy of Law provides a rich overview of the diverse theoretical justifications for our legal rules, systems, and practices. Utilizes the work of both classical and contemporary philosophers to illuminate the relationship between law and morality Introduces students to the philosophical underpinnings of International Law and its increasing importance as we face globalization Features concrete examples in the form of cases significant to the evolution of law Contrasts Anglo-American law with foreign institutions and practices such as those in China, Japan, India, Ireland and Canada Incorporates diverse perspectives on the philosophy of law ranging from canonical material to feminist theory, critical theory, postmodernism, and critical race theory
Canadian Cases In The Philosophy Of Law Fifth Edition
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Author : Keith C. Culver
language : en
Publisher: Broadview Press
Release Date : 2018-05-15
Canadian Cases In The Philosophy Of Law Fifth Edition written by Keith C. Culver and has been published by Broadview Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2018-05-15 with Law categories.
This is a collection of Canadian legal decisions, primarily from the Supreme Court of Canada, along with international cases that have bearing on Canadian law. The selected cases raise and respond to current and controversial issues in political and legal philosophy. Cases have been edited to present key legal principles and methods of judicial reasoning in action, showing not only what was decided but also how the decisions were made. Topics include: constitutional law, fundamental freedoms, equality rights, civil and criminal responsibility, and sovereignty. This new fifth edition adds over two dozen new cases, including new sections on Indigenous issues and international law. A helpful glossary of common legal terms has also been added as an appendix.
Pragmatism Statesmanship And The Supreme Court
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Author : Gary J. Jacobsohn
language : en
Publisher: Ithaca, N.Y. : Cornell University Press
Release Date : 1977
Pragmatism Statesmanship And The Supreme Court written by Gary J. Jacobsohn and has been published by Ithaca, N.Y. : Cornell University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 1977 with Judicial process categories.
Philosopher Kings
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Author : George C. Christie
language : en
Publisher: Oxford University Press
Release Date : 2011-03-01
Philosopher Kings written by George C. Christie 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 2011-03-01 with Law categories.
Philosopher Kings? The Adjudication of Conflicting Human Rights and Social Values, by George C. Christie, examines the attempts by courts to sort out conflicts involving freedom of expression, including religious expression, on the one hand, and rights to privacy and other important social values on the other. It approaches the subject from a comparative perspective, using principally cases decided by European and United States courts. A significant part of this book analyzes conflicts between freedom of expression and the right to privacy. In a world in which, freedom of expression and privacy are said to be of equal value, the book explores whether it is possible to develop, through case-by-case adjudication, a legal regime which can give clear direction as to what expression is or is not permitted. Otherwise, if such a regime proves impossible, in the guise of recognizing the equal value of expression and privacy, privacy may become de facto the preferred value.
Vagueness And Law
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Author : Geert Keil
language : en
Publisher: Oxford University Press
Release Date : 2016
Vagueness And Law written by Geert Keil 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 with Law categories.
Vague expressions are omnipresent in natural language. As such, their use in legal texts is virtually inevitable. If a law contains vague terms, the question whether it applies to a particular case often lacks a clear answer. One of the fundamental pillars of the rule of law is legal certainty. The determinacy of the law enables people to use it as a guide and places judges in the position to decide impartially. Vagueness poses a threat to these ideals. In borderline cases, the law seems to be indeterminate and thus incapable of serving its core rule of law value. In the philosophy of language, vagueness has become one of the hottest topics of the last two decades. Linguists and philosophers have investigated what distinguishes "soritical" vagueness from other kinds of linguistic indeterminacy, such as ambiguity, generality, open texture, and family resemblance concepts. There is a vast literature that discusses the logical, semantic, pragmatic, and epistemic aspects of these phenomena. Legal theory has hitherto paid little attention to the differences between the various kinds of linguistic indeterminacy that are grouped under the heading of "vagueness," let alone to the various theories that try to account for these phenomena. Bringing together leading scholars working on the topic of vagueness in philosophy and in law, this book fosters a dialogue between philosophers and legal scholars by examining how philosophers conceive vagueness in law from their theoretical perspective and how legal theorists make use of philosophical theories of vagueness. The chapters of the book are organized into three parts. The first part addresses the import of different theories of vagueness for the law, referring to a wide range of theories from supervaluationist to contextualist and semantic realist accounts in order to address the question of whether the law can learn from engaging with philosophical discussions of vagueness. The second part of the book examines different vagueness phenomena. The contributions in part 2 suggest that the greater awareness to different vagueness phenomena can make lawyers aware of specific issues and solutions so far overlooked. The third part deals with the pragmatic aspects of vagueness in law, providing answers to the question of how to deal with vagueness in law and with the professional, political, moral, and ethical issues such vagueness gives rise to.
The Supreme Court Phalanx
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Author : Ronald Dworkin
language : en
Publisher: New York Review of Books
Release Date : 2008
The Supreme Court Phalanx written by Ronald Dworkin and has been published by New York Review of Books this book supported file pdf, txt, epub, kindle and other format this book has been release on 2008 with Abortion categories.
"A New York Review Books collection"--Cover.
Classic Readings And Cases In Philosophy Of Law
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Author : Susan Dimock
language : en
Publisher: Addison-Wesley Longman
Release Date : 2006-10
Classic Readings And Cases In Philosophy Of Law written by Susan Dimock and has been published by Addison-Wesley Longman this book supported file pdf, txt, epub, kindle and other format this book has been release on 2006-10 with Education categories.
Classic Readings and Cases in the Philosophy of Law Susan Dimock Canada Pearson With over sixty cases as support, this text presents the philosophy of law as a perpetual series of debates with overlapping lines and cross connections. Using law as a focus to bring into relief many social and political issues of pressing importance in contemporary society, this book encourages readers to think critically and philosophically. "Classic Readings and Cases in the Philosophy of Law" centers on five major questions: What is law? What, if any, connection must there be between law and morality? When should law be used to restrict the liberty of individuals? To what extent should democratic states permit civil disobedience? What, if anything, justifies the infliction of punishment on those who violate the law? The extensive anthology of cases covers the mundane to the grandest of constitutional issues, including controversial topics like ownership of genetic material, capital punishment, and gay rights. Brief introductions to each case describe the central issue being litigated, the legal reasoning of the justices both majority and dissenting the decision of the court, and its philosophical significance. Please visit us at www.ablongman.com "