A MATTER OF INTERPRETATION FEDERAL COURTS AND THE LAW THE UNIVERSITY CENTER FOR HUMAN VALUES SERIES

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A Matter Of Interpretation Federal Courts And The Law

Author : Antonin Scalia
ISBN : 9781400882953
Genre : Law
File Size : 56.16 MB
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We are all familiar with the image of the immensely clever judge who discerns the best rule of common law for the case at hand. According to U.S. Supreme Court Justice Antonin Scalia, a judge like this can maneuver through earlier cases to achieve the desired aim—"distinguishing one prior case on his left, straight-arming another one on his right, high-stepping away from another precedent about to tackle him from the rear, until (bravo!) he reaches the goal—good law." But is this common-law mindset, which is appropriate in its place, suitable also in statutory and constitutional interpretation? In a witty and trenchant essay, Justice Scalia answers this question with a resounding negative. In exploring the neglected art of statutory interpretation, Scalia urges that judges resist the temptation to use legislative intention and legislative history. In his view, it is incompatible with democratic government to allow the meaning of a statute to be determined by what the judges think the lawgivers meant rather than by what the legislature actually promulgated. Eschewing the judicial lawmaking that is the essence of common law, judges should interpret statutes and regulations by focusing on the text itself. Scalia then extends this principle to constitutional law. He proposes that we abandon the notion of an everchanging Constitution and pay attention to the Constitution's original meaning. Although not subscribing to the “strict constructionism” that would prevent applying the Constitution to modern circumstances, Scalia emphatically rejects the idea that judges can properly “smuggle” in new rights or deny old rights by using the Due Process Clause, for instance. In fact, such judicial discretion might lead to the destruction of the Bill of Rights if a majority of the judges ever wished to reach that most undesirable of goals. This essay is followed by four commentaries by Professors Gordon Wood, Laurence Tribe, Mary Ann Glendon, and Ronald Dworkin, who engage Justice Scalia’s ideas about judicial interpretation from varying standpoints. In the spirit of debate, Justice Scalia responds to these critics. Featuring a new foreword that discusses Scalia’s impact, jurisprudence, and legacy, this witty and trenchant exchange illuminates the brilliance of one of the most influential legal minds of our time.
Category: Law

Foragers Farmers And Fossil Fuels

Author : Ian Morris
ISBN : 9781400865512
Genre : History
File Size : 34.52 MB
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Most people in the world today think democracy and gender equality are good, and that violence and wealth inequality are bad. But most people who lived during the 10,000 years before the nineteenth century thought just the opposite. Drawing on archaeology, anthropology, biology, and history, Ian Morris explains why. Fundamental long-term changes in values, Morris argues, are driven by the most basic force of all: energy. Humans have found three main ways to get the energy they need—from foraging, farming, and fossil fuels. Each energy source sets strict limits on what kinds of societies can succeed, and each kind of society rewards specific values. But if our fossil-fuel world favors democratic, open societies, the ongoing revolution in energy capture means that our most cherished values are very likely to turn out not to be useful any more. Foragers, Farmers, and Fossil Fuels offers a compelling new argument about the evolution of human values, one that has far-reaching implications for how we understand the past—and for what might happen next. Originating as the Tanner Lectures delivered at Princeton University, the book includes challenging responses by classicist Richard Seaford, historian of China Jonathan Spence, philosopher Christine Korsgaard, and novelist Margaret Atwood.
Category: History

Originalism

Author : Steven G. Calabresi
ISBN : 9781596980600
Genre : Political Science
File Size : 87.96 MB
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What did the Constitution mean at the time it was adopted? How should we interpret today the words used by the Founding Fathers? In ORIGINALISM: A QUARTER-CENTURY OF DEBATE, these questions are explained and dissected by the very people who continue to shape the legal structure of our country.This is a lively and fascinating discussion of an issue that has occupied the greatest legal minds in America, and one that continues to elicit strong reactions from both those who support and those who oppose the rule of law. Steven G. Calabresi, co-founder of the Federalist Society and professor of law at Northwestern University School of Law, has compiled an impressive collection of speeches, panel discussions, and debates from some of the greatest and most prominent legal experts of the last twenty-five years.
Category: Political Science

The Lives Of Animals

Author : J. M. Coetzee
ISBN : 9781400883523
Genre : Fiction
File Size : 24.38 MB
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The idea of human cruelty to animals so consumes novelist Elizabeth Costello in her later years that she can no longer look another person in the eye: humans, especially meat-eating ones, seem to her to be conspirators in a crime of stupefying magnitude taking place on farms and in slaughterhouses, factories, and laboratories across the world. Costello's son, a physics professor, admires her literary achievements, but dreads his mother’s lecturing on animal rights at the college where he teaches. His colleagues resist her argument that human reason is overrated and that the inability to reason does not diminish the value of life; his wife denounces his mother’s vegetarianism as a form of moral superiority. At the dinner that follows her first lecture, the guests confront Costello with a range of sympathetic and skeptical reactions to issues of animal rights, touching on broad philosophical, anthropological, and religious perspectives. Painfully for her son, Elizabeth Costello seems offensive and flaky, but—dare he admit it?—strangely on target. In this landmark book, Nobel Prize–winning writer J. M. Coetzee uses fiction to present a powerfully moving discussion of animal rights in all their complexity. He draws us into Elizabeth Costello’s own sense of mortality, her compassion for animals, and her alienation from humans, even from her own family. In his fable, presented as a Tanner Lecture sponsored by the University Center for Human Values at Princeton University, Coetzee immerses us in a drama reflecting the real-life situation at hand: a writer delivering a lecture on an emotionally charged issue at a prestigious university. Literature, philosophy, performance, and deep human conviction—Coetzee brings all these elements into play. As in the story of Elizabeth Costello, the Tanner Lecture is followed by responses treating the reader to a variety of perspectives, delivered by leading thinkers in different fields. Coetzee’s text is accompanied by an introduction by political philosopher Amy Gutmann and responsive essays by religion scholar Wendy Doniger, primatologist Barbara Smuts, literary theorist Marjorie Garber, and moral philosopher Peter Singer, author of Animal Liberation. Together the lecture-fable and the essays explore the palpable social consequences of uncompromising moral conflict and confrontation.
Category: Fiction

A Different Kind Of Animal How Culture Transformed Our Species

Author : Robert Boyd
ISBN : 9781400888528
Genre : Science
File Size : 61.96 MB
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How our ability to learn from each other has been the essential ingredient to our remarkable success as a species Human beings are a very different kind of animal. We have evolved to become the most dominant species on Earth. We have a larger geographical range and process more energy than any other creature alive. This astonishing transformation is usually explained in terms of cognitive ability—people are just smarter than all the rest. But in this compelling book, Robert Boyd argues that culture—our ability to learn from each other—has been the essential ingredient of our remarkable success. A Different Kind of Animal demonstrates that while people are smart, we are not nearly smart enough to have solved the vast array of problems that confronted our species as it spread across the globe. Over the past two million years, culture has evolved to enable human populations to accumulate superb local adaptations that no individual could ever have invented on their own. It has also made possible the evolution of social norms that allow humans to make common cause with large groups of unrelated individuals, a kind of society not seen anywhere else in nature. This unique combination of cultural adaptation and large-scale cooperation has transformed our species and assured our survival—making us the different kind of animal we are today. Based on the Tanner Lectures delivered at Princeton University, A Different Kind of Animal features challenging responses by biologist H. Allen Orr, philosopher Kim Sterelny, economist Paul Seabright, and evolutionary anthropologist Ruth Mace, as well as an introduction by Stephen Macedo.
Category: Science

Private Government How Employers Rule Our Lives And Why We Don T Talk About It

Author : Elizabeth Anderson
ISBN : 9781400887781
Genre : Philosophy
File Size : 38.74 MB
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Why our workplaces are authoritarian private governments—and why we can't see it One in four American workers says their workplace is a "dictatorship." Yet that number probably would be even higher if we recognized most employers for what they are—private governments with sweeping authoritarian power over our lives, on duty and off. We normally think of government as something only the state does, yet many of us are governed far more—and far more obtrusively—by the private government of the workplace. In this provocative and compelling book, Elizabeth Anderson argues that the failure to see this stems from long-standing confusions. These confusions explain why, despite all evidence to the contrary, we still talk as if free markets make workers free—and why so many employers advocate less government even while they act as dictators in their businesses. In many workplaces, employers minutely regulate workers' speech, clothing, and manners, leaving them with little privacy and few other rights. And employers often extend their authority to workers' off-duty lives. Workers can be fired for their political speech, recreational activities, diet, and almost anything else employers care to govern. Yet we continue to talk as if early advocates of market society—from John Locke and Adam Smith to Thomas Paine and Abraham Lincoln—were right when they argued that it would free workers from oppressive authorities. That dream was shattered by the Industrial Revolution, but the myth endures. Private Government offers a better way to talk about the workplace, opening up space for discovering how workers can enjoy real freedom. Based on the prestigious Tanner Lectures delivered at Princeton University's Center for Human Values, Private Government is edited and introduced by Stephen Macedo and includes commentary by cultural critic David Bromwich, economist Tyler Cowen, historian Ann Hughes, and philosopher Niko Kolodny.
Category: Philosophy

Today When You Hear His Voice

Author : Gregory W. Lee
ISBN : 9780802873279
Genre : Religion
File Size : 48.35 MB
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Presents a doctrine of Scripture based on Hebrews in dialogue with Augustine and Calvin What vision of biblical authority arises from Scripture's own use of Scripture? This question has received surprisingly little attention from theologians seeking to develop a comprehensive doctrine of Scripture. Today When You Hear His Voice by Gregory W. Lee fills this gap by listening carefully to the Epistle to the Hebrews. Lee illuminates the unique way that Hebrews appropriates Old Testament texts as he considers the theological relationship between salvation history and scriptural interpretation. He illustrates these dynamics through extended treatments of Augustine and Calvin, whose contrasting perspectives on the covenants, Israel, and the literal and figural senses provide theological categories for appreciating how Hebrews innovatively presents Scripture as God's direct address in the contemporary moment.
Category: Religion

The Change Manifesto

Author : John W. Whitehead
ISBN : 9781402250606
Genre : Political Science
File Size : 64.43 MB
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"The Change Manifesto is a street-by-street, town-by-town guide to making an America that works. Our nation has the potential to be an example of freedom and justice to the world and each of us has the ability to have tremendous impact. In this stirring call to arms, John Whitehead tells the stories of the local heroes who stood up to a cynical government, and who are creating thriving communities of change. We are on the cusp of a new era of progress, but we can't sit back and hope our elected officials will carry us there. We can join the people taking action at the local level, like the residents of a town in Oregon who protested unfair bills by paying in pennies, chickens and the shirts off their back. And we can follow the examples of the national heroes who are fighting for change and demanding accountability from our elected officials at the highest levels. If we refuse to listen to the cynics, we can join these everyday Americans, young and old, and harness our greatest resource: ourselves."
Category: Political Science

We The Jury

Author : Jeffrey B. Abramson
ISBN : 0674004302
Genre : Law
File Size : 82.26 MB
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This magisterial book explores fascinating cases from American history to show how juries remain the heart of our system of criminal justice - and an essential element of our democracy. No other institution of government rivals the jury in placing power so directly in the hands of citizens. Jeffrey Abramson draws upon his own background as both a lawyer and a political theorist to capture the full democratic drama that is the jury. We, the Jury is a rare work of scholarship that brings the history of the jury alive and shows the origins of many of today's dilemmas surrounding juries and justice.
Category: Law