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Author: Ryan C. Black
Publisher: Cambridge University Press
Published: 2020
Total Pages: 371
ISBN-13: 1107168716
DOWNLOAD EBOOKReveals how Supreme Court justices' personalities, particularly conscientiousness, influence the Law, the High Court, and the Constitution.
Author: Wayne R. Ferren Jr.
Publisher: Archway Publishing
Published: 2021-03-16
Total Pages: 456
ISBN-13: 1480897043
DOWNLOAD EBOOKWhat would you do if you were drafted to fight in a war? As a conscientious objector opposed to all wars, Wayne R. Ferren Jr. had to answer that question during the Vietnam War. He called on his religious and scientific backgrounds as well as his environmental activism to argue that he should be excluded from fighting in, or supporting this war. Following a successful defense of his claim, Wayne served two years of alternative civilian service, which influenced his professional and personal life for the next fifty years. Decades after his service, he was shocked to find his name on the Vietnam War Memorial, which turned out to be that of another young man with a similar name born the same year Wayne was born. That man died in 1968 when his plane was hit by artillery fire and crash landed at Khe Sanh Marine Combat Base. He will forever remain a teenage father killed in a senseless war. To this day, the duality haunts the author, and in this multifaceted memoir, he looks back at a lifetime and how his background, scientific training, and transcendentalism have guided him on a path of conscientious objection, service, and conservation, believing all things are sacred.
Author: Michel Rosenfeld
Publisher:
Published: 2018-07-05
Total Pages: 515
ISBN-13: 1107173302
DOWNLOAD EBOOKExplores the multifaceted debate on the interconnection between conscientious objections, religious liberty, and the equality of women and sexual minorities.
Author: Kimberley Brownlee
Publisher: OUP Oxford
Published: 2012-10-18
Total Pages: 280
ISBN-13: 0191645923
DOWNLOAD EBOOKThe book shows that civil disobedience is generally more defensible than private conscientious objection. Part I explores the morality of conviction and conscience. Each of these concepts informs a distinct argument for civil disobedience. The conviction argument begins with the communicative principle of conscientiousness (CPC). According to the CPC, having a conscientious moral conviction means not just acting consistently with our beliefs and judging ourselves and others by a common moral standard. It also means not seeking to evade the consequences of our beliefs and being willing to communicate them to others. The conviction argument shows that, as a constrained, communicative practice, civil disobedience has a better claim than private objection does to the protections that liberal societies give to conscientious dissent. This view reverses the standard liberal picture which sees private 'conscientious' objection as a modest act of personal belief and civil disobedience as a strategic, undemocratic act whose costs are only sometimes worth bearing. The conscience argument is narrower and shows that genuinely morally responsive civil disobedience honours the best of our moral responsibilities and is protected by a duty-based moral right of conscience. Part II translates the conviction argument and conscience argument into two legal defences. The first is a demands-of-conviction defence. The second is a necessity defence. Both of these defences apply more readily to civil disobedience than to private disobedience. Part II also examines lawful punishment, showing that, even when punishment is justifiable, civil disobedients have a moral right not to be punished. Oxford Legal Philosophy publishes the best new work in philosophically-oriented legal theory. It commissions and solicits monographs in all branches of the subject, including works on philosophical issues in all areas of public and private law, and in the national, transnational, and international realms; studies of the nature of law, legal institutions, and legal reasoning; treatments of problems in political morality as they bear on law; and explorations in the nature and development of legal philosophy itself. The series represents diverse traditions of thought but always with an emphasis on rigour and originality. It sets the standard in contemporary jurisprudence.
Author: H. Jefferson Powell
Publisher: University of Chicago Press
Published: 2008-09-15
Total Pages: 161
ISBN-13: 0226677303
DOWNLOAD EBOOKWhile many recent observers have accused American judges—especially Supreme Court justices—of being too driven by politics and ideology, others have argued that judges are justified in using their positions to advance personal views. Advocating a different approach—one that eschews ideology but still values personal perspective—H. Jefferson Powell makes a compelling case for the centrality of individual conscience in constitutional decision making. Powell argues that almost every controversial decision has more than one constitutionally defensible resolution. In such cases, he goes on to contend, the language and ideals of the Constitution require judges to decide in good faith, exercising what Powell calls the constitutional virtues: candor, intellectual honesty, humility about the limits of constitutional adjudication, and willingness to admit that they do not have all the answers. Constitutional Conscience concludes that the need for these qualities in judges—as well as lawyers and citizens—is implicit in our constitutional practices, and that without them judicial review would forfeit both its own integrity and the credibility of the courts themselves.
Author: Brad Meltzer
Publisher: Harper Collins
Published: 2011-02-01
Total Pages: 562
ISBN-13: 0062084836
DOWNLOAD EBOOKINSTANT NEW YORK TIMES BESTSELLER “Meltzer has earned the right to belly up to the bar with John Grisham, Scott Turow, and David Baldacci.” – People "A madcap mix of intrigue, romance and legal trivia.” – New York Times The young attorneys who clerk for Supreme Court justices wield extraordinary power—privy to sensitive material that could prove disastrous in unscrupulous hands, making decisions that could change lives… or destroy them. They are… THE TENTH JUSTICE Landing a prestigious position as a Supreme Court clerk fresh out of Yale Law, Ben Addison is on the ultrafast track to success—until he inadvertently shares a classified secret with the wrong listener. And now the anonymous blackmailer who made a killing with Ben’s information is demanding more. Guilty of a criminal act, his golden future suddenly in jeopardy, Ben turns for help to his roommates—three close friends from childhood, each strategically placed near the seats of Washington power—and to his beautiful, whip-smart fellow clerk, Lisa Schulman. But trust is a dangerous commodity in the nation’s capital. And when lives, careers, and power are at stake, loyalties can shatter like glass… and betrayals can be lethal.
Author: Christopher D. Marshall
Publisher:
Published: 2012-08
Total Pages: 0
ISBN-13: 9781498214698
DOWNLOAD EBOOKTwo parables that have become firmly lodged in popular consciousness and affection are the parable of the Good Samaritan and the parable of the Prodigal Son. These simple but subversive tales have had a significant impact historically on shaping the spiritual, aesthetic, moral, and legal traditions of Western civilization, and their capacity to inform debate on a wide range of moral and social issues remains as potent today as ever. Noting that both stories deal with episodes of serious interpersonal offending, and both recount restorative responses on the part of the leading characters, Compassionate Justice draws on the insights of restorative justice theory, legal philosophy, and social psychology to offer a fresh reading of these two great parables. It also provides a compelling analysis of how the priorities commended by the parables are pertinent to the criminal justice system today. The parables teach that the conscientious cultivation of compassion is essential to achieving true justice. Restorative justice strategies, this book argues, provide a promising and practical means of attaining to this goal of reconciling justice with compassion.
Author: Jon Mandle
Publisher: Cambridge University Press
Published: 2014-12-11
Total Pages: 1112
ISBN-13: 1316193985
DOWNLOAD EBOOKJohn Rawls is widely regarded as one of the most influential philosophers of the twentieth century, and his work has permanently shaped the nature and terms of moral and political philosophy, deploying a robust and specialized vocabulary that reaches beyond philosophy to political science, economics, sociology, and law. This volume is a complete and accessible guide to Rawls' vocabulary, with over 200 alphabetical encyclopaedic entries written by the world's leading Rawls scholars. From 'basic structure' to 'burdened society', from 'Sidgwick' to 'strains of commitment', and from 'Nash point' to 'natural duties', the volume covers the entirety of Rawls' central ideas and terminology, with illuminating detail and careful cross-referencing. It will be an essential resource for students and scholars of Rawls, as well as for other readers in political philosophy, ethics, political science, sociology, international relations and law.
Author: Jacqueline Houtman
Publisher: City Lights Books
Published: 2019-08-13
Total Pages: 215
ISBN-13: 0872867986
DOWNLOAD EBOOKChosen a Best Children's Book of the Year by the Bank Street Center! Voted a Best Book of the Year by School Library Journal and Kirkus Reviews! A biography for younger readers about one of the most influential activists of our time, who was an early advocate for African Americans and for gay rights. "Bayard had an unshakable optimism, nerves of steel, and, most importantly, a faith that if the cause is just and people are organized, nothing can stand in our way."—President Barack Obama "Bayard Rustin was one of the great organizers and activists of the Civil Rights Movement. Without his skill and vision, the historic impact of the March on Washington might not have been possible. I am glad this biography will make young people aware of his life and his incredible contribution to American history.—Congressman John Lewis "'We need, in every community, a group of angelic troublemakers,' declared Bayard Rustin in the late 1940s. A proponent of nonviolent resistance and a stalwart figure in the civil rights movement, Rustin organized a profound and peaceful milestone in American history—the 1963 March on Washington. . . . Troublemaker for Justice describes not only how Rustin orchestrated the March on Washington in two months but also how he stood up for his Quaker principles throughout his life. The three authors, Jacqueline Houtman, Walter Naegle and Michael G. Long, show the difficulties Rustin faced as a gay black man in 20th-century America, and that he shouldered them with strength, intelligence, and a quest for peace and justice."—Abby Nolan, The Washington Post "An excellent biography that belongs in every young adult library. Readers will find Rustin’s story captivating; his story could encourage young people to fight for change."—Michelle Kornberger, Library Journal,*Starred Review "In today's political landscape, this volume is a lesson in the courage to live according to one's truth and the dedication it takes to create a better world."—Kirkus Reviews, *Starred Review "A long-overdue introduction to a fascinating, influential change maker."—Publishers Weekly, *Starred Review "This biography is an indispensable addition to the literature of both civil and gay rights."—Michael Cart, Booklist, *Starred review Bayard Rustin was a major figure in the Civil Rights movement. He was arrested on a bus 13 years before Rosa Parks and he participated in integrated bus rides throughout the South 14 years before the Freedom Riders. He was a mentor to Dr. Martin Luther King, Jr., teaching him the techniques and philosophy of Gandhian nonviolent direct action. He organized the March on Washington in 1963, one of the most impactful mobilizations in American history. Despite these contributions, few Americans recognize his name, and he is absent from most history books, in large part because he was gay. This biography traces Rustin’s life, from his childhood and his first arrest in high school for sitting in the “whites only” section of a theater, through a lifetime of nonviolent activism. "Authors Jacqueline Houtman, Walter Naegle, and Michael G. Long provide middle and high school students with a biography of Rustin that illustrates how the personal is political. Young readers will take away valuable lessons about identity, civics, and 20th-century history."—Rethinking Schools Teachers: Discussion Guide Available! Explanation of Common Core Instructional Standards Available! Reach out to the publisher at Stacey [@] citylights.com
Author: Matthew P Hitt
Publisher: University of Michigan Press
Published: 2019-05-20
Total Pages: 235
ISBN-13: 0472131362
DOWNLOAD EBOOKThe United States Supreme Court exists to resolve constitutional disputes among lower courts and the other branches of government, allowing elected officials, citizens, and businesses to act without legal uncertainty. American law and society function more effectively when the Court resolves these ambiguous questions of Constitutional law. Since lower courts must defer to its reasoning, the Court should also promulgate clear and consistent legal doctrine, giving a reason for its judgment that a majority of justices support. Yet a Court that prioritizes resolving many disputes will at times produce contradictory sets of opinions or fail to provide a rationale and legal precedent for its decision at all. In either case, it produces an unreasoned judgment. Conversely, a Court that prioritizes logically consistent doctrine will fail to resolve many underlying disputes in law and society. Inconsistency and Indecision in the United States Supreme Court demonstrates that over time, institutional changes, lobbied for by the justices, substantially reduced unreasoned judgments in the Court’s output, coinciding with a reduction in the Court’s caseload. Hence, the Supreme Court historically emphasized the first goal of dispute resolution, but evolved into a Court that prioritizes the second goal of logically consistent doctrine. As a result, the Court today fails to resolve more underlying questions in law and society in order to minimize criticism of its output from other elites. In so doing, the modern Court often fails to live up to its Constitutional obligation.
