Conscience on Trial PDF Download

Author: Hiroaki Kuromiya
Publisher: University of Toronto Press
ISBN: 1442644613
Category : History
Languages : en
Pages : 225

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Book Description
Trial records translated from the Russian and the Ukrainian.

Author: Thomas Andrew Green
Publisher:
ISBN: 9780226306094
Category : Criminal law
Languages : en
Pages : 409

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Book Description

Author: Kimberley Brownlee
Publisher: OUP Oxford
ISBN: 0191645923
Category : Law
Languages : en
Pages : 280

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Book Description
The 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: John M. Ferren
Publisher: Univ of North Carolina Press
ISBN: 0807876615
Category : Biography & Autobiography
Languages : en
Pages : 592

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Book Description
The Kentucky-born son of a Baptist preacher, with an early tendency toward racial prejudice, Supreme Court Justice Wiley Rutledge (1894-1949) became one of the Court's leading liberal activists and an early supporter of racial equality, free speech, and church-state separation. Drawing on more than 160 interviews, John M. Ferren provides a valuable analysis of Rutledge's life and judicial decisionmaking and offers the most comprehensive explanation to date for the Supreme Court nominations of Rutledge, Felix Frankfurter, and William O. Douglas. Rutledge was known for his compassion and fairness. He opposed discrimination based on gender and poverty and pressed for expanded rights to counsel, due process, and federal review of state criminal convictions. During his brief tenure on the Court (he died following a stroke at age fifty-five), he contributed significantly to enhancing civil liberties and the rights of naturalized citizens and criminal defendants, became the Court's most coherent expositor of the commerce clause, and dissented powerfully from military commission convictions of Japanese generals after World War II. Through an examination of Rutledge's life, Ferren highlights the development of American common law and legal education, the growth of the legal profession and related institutions, and the evolution of the American court system, including the politics of judicial selection.

Author: Thomas Andrew Green
Publisher:
ISBN:
Category :
Languages : en
Pages :

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Author: H. Jefferson Powell
Publisher: University of Chicago Press
ISBN: 0226677303
Category : Law
Languages : en
Pages : 161

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Book Description
While 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: Glenn C. Altschuler
Publisher: Cornell University Press
ISBN: 9780801492464
Category : New York (State)
Languages : en
Pages : 184

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Book Description
The transcript of a disciplinary trial that took place at the First Presbyterian Church in Seneca Fall, New York, in 1843, over Rhonda Bement's challenge to her church's stance on abolitionism.

Author: Simeon Booker
Publisher: Univ. Press of Mississippi
ISBN: 1617037893
Category : Biography & Autobiography
Languages : en
Pages : 348

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Book Description
An unforgettable chronicle from a groundbreaking journalist who covered Emmett Till's murder, the Little Rock Nine, and ten US presidents

Author: John JAMIESON (D.D. of Edinburgh.)
Publisher:
ISBN:
Category : Faith and reason
Languages : en
Pages : 136

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Book Description

Author: Sherry Lee Hoppe
Publisher: Wakestone Press LLC
ISBN: 1609560019
Category : Football players
Languages : en
Pages : 366

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Book Description
Sherry Hoppe tells the story of her love for and the mystery surrounding her husband Bobby Hoppe, a hometown football hero with a dark secret from his past.