A Matter Of Interpretation Federal Courts And The Law

Author : Antonin Scalia
ISBN : 9781400882953
Genre : Law
File Size : 75.61 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 : 76.36 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 : 85.1 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 : 74.8 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

Author : Elizabeth Anderson
ISBN : 9781400887781
Genre : Philosophy
File Size : 57.57 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 : 30.40 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

Meaning In Life And Why It Matters

Author : Susan Wolf
ISBN : 1400834597
Genre : Philosophy
File Size : 71.90 MB
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Most people, including philosophers, tend to classify human motives as falling into one of two categories: the egoistic or the altruistic, the self-interested or the moral. According to Susan Wolf, however, much of what motivates us does not comfortably fit into this scheme. Often we act neither for our own sake nor out of duty or an impersonal concern for the world. Rather, we act out of love for objects that we rightly perceive as worthy of love--and it is these actions that give meaning to our lives. Wolf makes a compelling case that, along with happiness and morality, this kind of meaningfulness constitutes a distinctive dimension of a good life. Written in a lively and engaging style, and full of provocative examples, Meaning in Life and Why It Matters is a profound and original reflection on a subject of permanent human concern.
Category: Philosophy

Human Rights As Politics And Idolatry

Author : Michael Ignatieff
ISBN : 9781400842841
Genre : Philosophy
File Size : 69.77 MB
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Michael Ignatieff draws on his extensive experience as a writer and commentator on world affairs to present a penetrating account of the successes, failures, and prospects of the human rights revolution. Since the United Nations adopted the Universal Declaration of Human Rights in 1948, this revolution has brought the world moral progress and broken the nation-state's monopoly on the conduct of international affairs. But it has also faced challenges. Ignatieff argues that human rights activists have rightly drawn criticism from Asia, the Islamic world, and within the West itself for being overambitious and unwilling to accept limits. It is now time, he writes, for activists to embrace a more modest agenda and to reestablish the balance between the rights of states and the rights of citizens. Ignatieff begins by examining the politics of human rights, assessing when it is appropriate to use the fact of human rights abuse to justify intervention in other countries. He then explores the ideas that underpin human rights, warning that human rights must not become an idolatry. In the spirit of Isaiah Berlin, he argues that human rights can command universal assent only if they are designed to protect and enhance the capacity of individuals to lead the lives they wish. By embracing this approach and recognizing that state sovereignty is the best guarantee against chaos, Ignatieff concludes, Western nations will have a better chance of extending the real progress of the past fifty years. Throughout, Ignatieff balances idealism with a sure sense of practical reality earned from his years of travel in zones of war and political turmoil around the globe. Based on the Tanner Lectures that Ignatieff delivered at Princeton University's Center for Human Values in 2000, the book includes two chapters by Ignatieff, an introduction by Amy Gutmann, comments by four leading scholars--K. Anthony Appiah, David A. Hollinger, Thomas W. Laqueur, and Diane F. Orentlicher--and a response by Ignatieff.
Category: Philosophy

The Limits Of Constitutional Democracy

Author : Jeffrey K. Tulis
ISBN : 1400836794
Genre : Law
File Size : 82.78 MB
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Constitutional democracy is at once a flourishing idea filled with optimism and promise--and an enterprise fraught with limitations. Uncovering the reasons for this ambivalence, this book looks at the difficulties of constitutional democracy, and reexamines fundamental questions: What is constitutional democracy? When does it succeed or fail? Can constitutional democracies conduct war? Can they preserve their values and institutions while addressing new forms of global interdependence? The authors gathered here interrogate constitutional democracy's meaning in order to illuminate its future. The book examines key themes--the issues of constitutional failure; the problem of emergency power and whether constitutions should be suspended when emergencies arise; the dilemmas faced when constitutions provide and restrict executive power during wartime; and whether constitutions can adapt to such globalization challenges as immigration, religious resurgence, and nuclear arms proliferation. In addition to the editors, the contributors are Sotirios Barber, Joseph Bessette, Mark Brandon, Daniel Deudney, Christopher Eisgruber, James Fleming, William Harris II, Ran Hirschl, Gary Jacobsohn, Benjamin Kleinerman, Jan-Werner Müller, Kim Scheppele, Rogers Smith, Adrian Vermeule, and Mariah Zeisberg.
Category: Law