Living with the Law
Author: June Purcell Guild
Publisher:
Published: 1928
Total Pages: 296
ISBN-13:
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The Living Constitution
Author: David A. Strauss
Publisher: Oxford University Press
Published: 2010-05-19
Total Pages: 171
ISBN-13: 0199703698
DOWNLOAD EBOOKSupreme Court Justice Antonin Scalia once remarked that the theory of an evolving, "living" Constitution effectively "rendered the Constitution useless." He wanted a "dead Constitution," he joked, arguing it must be interpreted as the framers originally understood it. In The Living Constitution, leading constitutional scholar David Strauss forcefully argues against the claims of Scalia, Clarence Thomas, Robert Bork, and other "originalists," explaining in clear, jargon-free English how the Constitution can sensibly evolve, without falling into the anything-goes flexibility caricatured by opponents. The living Constitution is not an out-of-touch liberal theory, Strauss further shows, but a mainstream tradition of American jurisprudence--a common-law approach to the Constitution, rooted in the written document but also based on precedent. Each generation has contributed precedents that guide and confine judicial rulings, yet allow us to meet the demands of today, not force us to follow the commands of the long-dead Founders. Strauss explores how judicial decisions adapted the Constitution's text (and contradicted original intent) to produce some of our most profound accomplishments: the end of racial segregation, the expansion of women's rights, and the freedom of speech. By contrast, originalism suffers from fatal flaws: the impossibility of truly divining original intent, the difficulty of adapting eighteenth-century understandings to the modern world, and the pointlessness of chaining ourselves to decisions made centuries ago. David Strauss is one of our leading authorities on Constitutional law--one with practical knowledge as well, having served as Assistant Solicitor General of the United States and argued eighteen cases before the United States Supreme Court. Now he offers a profound new understanding of how the Constitution can remain vital to life in the twenty-first century.
Improved Standards for Laboratory Animals Act; and Enforcement of the Animal Welfare Act by the Animal and Plant Health Inspection Service
Author: United States. Congress. House. Committee on Agriculture. Subcommittee on Department Operations, Research, and Foreign Agriculture
Publisher:
Published: 1985
Total Pages: 328
ISBN-13:
DOWNLOAD EBOOKLiving Law
Author: Miguel Vatter
Publisher: Oxford University Press
Published: 2021-01-08
Total Pages: 361
ISBN-13: 0197546528
DOWNLOAD EBOOKIt is often assumed that modern democratic government has a special link with Christianity or was made possible due to Christianity. As a challenge to this belief and echoing a long-held assumption in the republican tradition, Hannah Arendt once remarked that "Washington's and Napoleon's heroes were named Moses and David." In this book, Miguel Vatter reconstructs the political theology of German Jewish philosophers during the twentieth century and their attempts to bring together the Biblical teachings on politics with the Greek and Roman traditions of political philosophy. Developed alongside modern experiences with anti-Semitism, the rise of Zionism, and the return of charismatic authority in mass societies, Jewish political theology in the twentieth century advances the radical hypothesis that the messianic idea of God's Kingdom correlates with a post-sovereignty, anarchist political condition of non-domination. Importantly, Jewish philosophers combined this messianic form of democracy with the ideal of cosmopolitan constitutionalism, which is itself based on the identity of divine law and natural law. This book examines the paradoxical unity of anarchy and rule of law in the democratic political theology developed by Hermann Cohen, Franz Rosenzweig, Gershom Scholem, Leo Strauss, and Hannah Arendt. Critical of the Christian theological underpinnings of modern representative political institutions, this group of highly original thinkers took up the banner of Philo's project to unify Greek philosophy with Judaism, and rejected the separation between faith and reason, as well as the division between Biblical revelation and pagan philosophy. The Jewish political theology they developed stands for the idea that human redemption is inseparable from the redemption of nature. Living Law offers an alternative genealogy of political theology that challenges the widespread belief that modern republican political thought is derived from Christian sources.
Lives of the Law
Author: Tom Bingham
Publisher: OUP Oxford
Published: 2011-09-01
Total Pages: 402
ISBN-13: 0191029599
DOWNLOAD EBOOKTom Bingham (1933-2010) was the 'greatest judge of our time' (The Guardian), a towering figure in modern British public life who championed the rule of law and human rights inside and outside the courtroom. Lives of the Law collects Bingham's most important later writings, in which he brings his distinctive, engaging style to tell the story of the diverse lives of the law: its life in government, in business, and in human wrongdoing. Following on from The Business of Judging (2000), the papers collected here tackle some of the major debates in British public life over the last decade, from reforming the constitution to the growth of human rights law. They offer Bingham's distinctive insight on issues such as the role of the judiciary in a democracy, the implementation of the Human Rights Act, and the development of the rule of law, in the UK and internationally. Written in the accessible style that made The Rule of Law (2010) a popular success, the book will be essential reading for all those working in law, and an engaging inroad to understanding modern constitutional and legal debates for the general reader.
The Color of Law: A Forgotten History of How Our Government Segregated America
Author: Richard Rothstein
Publisher: Liveright Publishing
Published: 2017-05-02
Total Pages: 243
ISBN-13: 1631492861
DOWNLOAD EBOOKNew York Times Bestseller • Notable Book of the Year • Editors' Choice Selection One of Bill Gates’ “Amazing Books” of the Year One of Publishers Weekly’s 10 Best Books of the Year Longlisted for the National Book Award for Nonfiction An NPR Best Book of the Year Winner of the Hillman Prize for Nonfiction Gold Winner • California Book Award (Nonfiction) Finalist • Los Angeles Times Book Prize (History) Finalist • Brooklyn Public Library Literary Prize This “powerful and disturbing history” exposes how American governments deliberately imposed racial segregation on metropolitan areas nationwide (New York Times Book Review). Widely heralded as a “masterful” (Washington Post) and “essential” (Slate) history of the modern American metropolis, Richard Rothstein’s The Color of Law offers “the most forceful argument ever published on how federal, state, and local governments gave rise to and reinforced neighborhood segregation” (William Julius Wilson). Exploding the myth of de facto segregation arising from private prejudice or the unintended consequences of economic forces, Rothstein describes how the American government systematically imposed residential segregation: with undisguised racial zoning; public housing that purposefully segregated previously mixed communities; subsidies for builders to create whites-only suburbs; tax exemptions for institutions that enforced segregation; and support for violent resistance to African Americans in white neighborhoods. A groundbreaking, “virtually indispensable” study that has already transformed our understanding of twentieth-century urban history (Chicago Daily Observer), The Color of Law forces us to face the obligation to remedy our unconstitutional past.
Living Law
Author: Roger Cotterrell
Publisher: Routledge
Published: 2017-07-05
Total Pages: 359
ISBN-13: 1351559982
DOWNLOAD EBOOKLiving Law presents a comprehensive overview of relationships between legal and social theory, and of current approaches to the sociological study of legal ideas. It explores the nature of legal theory and sociolegal studies today as teaching and research fields, and the work of many of the major sociolegal theorists. In addition, it sets out the author's distinctive approach to sociological analysis of law, applying this in a range of studies in specific legal fields, such as the law of contract, property and trusts, constitutional analysis, and comparative law.
Congressional Record
Author: United States. Congress
Publisher:
Published: 1968
Total Pages: 1324
ISBN-13:
DOWNLOAD EBOOKThe Law's Beginnings
Author: Ferdinand J.M. Feldbrugge
Publisher: BRILL
Published: 2021-09-13
Total Pages: 299
ISBN-13: 9004481605
DOWNLOAD EBOOKLaw, as we know it, with its rules and rituals, its procedures and professionals, has not been around forever. It came into being, it emerged, at different places and different times. Sources which allow us to observe the processes of law’s beginnings have survived in some cases. In this book, scholars from various disciplines–linguists, lawyers, historians, anthropologists–present their findings concerning the earliest legal systems of a great variety of peoples and civilizations, from Mesopotamia and Ancient India to Greece and Rome, from the early Germanic, Celtic and Slavic nations, but also from other parts of the world. The general picture is complemented by an investigation into the Indo-European roots of a number of ancient legal systems, contributions from the point of view of legal philosophy and theory, and an overview of the insights gained.
