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 : 40.13 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 : 84.88 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

The Lives Of Animals

Author : J. M. Coetzee
ISBN : 9781400883523
Genre : Fiction
File Size : 80.12 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 : 90.17 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

Originalism

Author : Steven G. Calabresi
ISBN : 9781596980600
Genre : Political Science
File Size : 35.51 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

Freedom S Law

Author : Ronald Dworkin
ISBN : 0198265573
Genre : Constitutional law
File Size : 89.60 MB
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Written by the world's best-known political and legal theorist, Freedom's Law: The Moral Reading of the American Constitution is a collection of essays that discuss almost all of the great constitutional issues of the last two decades, including abortion, euthanasia, capital punishment, homosexuality, pornography, and free speech. Professor Dworkin offers a consistently liberal view of the Constitution and argues that fidelity to it and to law demands that judges make moral judgments.He proposes that we all interpret the abstract language of the Constitution by reference to moral principles about political decency and justice. His `moral reading therefore brings political morality into the heart of constitutional law. The various chapters of this book were originally published separately and are now drawn together to provide the reader with a rich, full-length treatment of Dworkin's general theory of law.
Category: Constitutional law

Law Pragmatism And Democracy

Author : Richard A. Posner
ISBN : 0674042298
Genre : Law
File Size : 61.5 MB
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Richard Posner argues for a conception of the liberal state based on pragmatic theories of government. He views the actions of elected officials as guided by interests rather than by reason and the decisions of judges by discretion rather than by rules. He emphasizes the institutional and material, rather than moral and deliberative, factors in democratic decision making. Posner argues that democracy is best viewed as a competition for power by means of regular elections. Citizens should not be expected to play a significant role in making complex public policy regarding, say, taxes or missile defense.
Category: Law

Order Without Law

Author : Robert C. ELLICKSON
ISBN : 0674641698
Genre : Law
File Size : 23.62 MB
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In Order without Law Robert C. Ellickson shows that law is far less important than is generally thought. He demonstrates that people largely govern themselves by means of informal rules-social norms-that develop without the aid of a state or other central coordinator. Integrating the latest scholarship in law, economics, sociology, game theory, and anthropology, Ellickson investigates the uncharted world within which order is successfully achieved without law. The springboard for Ellickson's theory of norms is his close investigation of a variety of disputes arising from the damage created by escaped cattle in Shasta County, California. In "The Problem of Social Cost" --the most frequently cited article on law--economist Ronald H. Cease depicts farmers and ranchers as bargaining in the shadow of the law while resolving cattle-trespass disputes. Ellickson's field study of this problem refutes many of the behavioral assumptions that underlie Coase's vision, and will add realism to future efforts to apply economic analysis to law.Drawing examples from a wide variety of social contexts, including whaling grounds, photocopying centers, and landlord-tenant relations, Ellickson explores the interaction between informal and legal rules and the usual domains in which these competing systems are employed. Order without Law firmly grounds its analysis in real-world events, while building a broad theory of how people cooperate to mutual advantage.
Category: Law

The Decline And Fall Of The American Republic

Author : Bruce Ackerman
ISBN : 9780674058392
Genre : History
File Size : 41.17 MB
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Constitutional thought is currently dominated by heroic tales of the Founding Fathers — who built an Enlightenment machine that can tick-tock its way into the twenty-first century, with a little fine-tuning by the Supreme Court. However, according to Bruce Ackerman, the modern presidency is far more dangerous today than it was when Arthur Schlesinger published the Imperial Presidency in 1973. In this book, he explores how the interaction of changes in the party system, mass communications, the bureaucracy, and the military have made the modern presidency too powerful and a threat to liberal constitutionalism and democracy. Ackerman argues that the principles of constitutional legitimacy have been undermined by both political and legal factors. On the political level, by “government by emergency” and “government by public-opinion poll”; on the legal, by two rising institutions: The Office of Legal Counsel in the Department of Justice and the Office of the Presidential Counsel in the White House. Both institutions came out of the New Deal, but have gained prominence only in the last generation. Lastly, Ackerman kicks off a reform debate that aims to adapt the Founding ideal of checks-and-balances to twenty-first century realities. His aim is not to propose definitive solutions but to provoke a national debate on American democracy in its time of trouble.
Category: History