Author: Ronald Dworkin Publisher: Harvard University Press ISBN: 0674027272 Category : Law Languages : en Pages : 319
Book Description
How should a judge's moral convictions bear on his judgments about what the law is? Lawyers, sociologists, philosophers, politicians, and judges all have answers to that question: these range from ÒnothingÓ to Òeverything.Ó In Justice in Robes, Ronald Dworkin argues that the question is much more complex than it has often been taken to be and charts a variety of dimensionsÑsemantic, jurisprudential, and doctrinalÑin which law and morals are undoubtedly interwoven. He restates and summarizes his own widely discussed account of these connections, which emphasizes the sovereign importance of moral principle in legal and constitutional interpretation, and then reviews and criticizes the most influential rival theories to his own. He argues that pragmatism is empty as a theory of law, that value pluralism misunderstands the nature of moral concepts, that constitutional originalism reflects an impoverished view of the role of a constitution in a democratic society, and that contemporary legal positivism is based on a mistaken semantic theory and an erroneous account of the nature of authority. In the course of that critical study he discusses the work of many of the most influential lawyers and philosophers of the era, including Isaiah Berlin, Richard Posner, Cass Sunstein, Antonin Scalia, and Joseph Raz. Dworkin's new collection of essays and original chapters is a model of lucid, logical, and impassioned reasoning that will advance the crucially important debate about the roles of justice in law.
Author: Barbara C. Johnson Publisher: Booksurge Publishing ISBN: 9781439241158 Category : Courts Languages : en Pages : 0
Book Description
Marinated with the makings of sizzle, the book is filled with the courts' tricks and traps for the unwary---to alert readers both why their law cases failed and what must be done to effect court refor
Author: Cass R. Sunstein Publisher: Basic Books ISBN: 0786734892 Category : Law Languages : en Pages : 314
Book Description
Most people think that the Supreme Court has a rough balance between left and right. This is a myth; in fact the justices once considered right-wing have now taken the mantle of the Court's moderates, and the liberal element has all but disappeared. Most people also think that judicial activism is solely a liberal movement. This is also a myth; since William Rehnquist was confirmed as Chief Justice in 1986, the Supreme Court has engaged in an unprecedented record of judicial activism. These two factors are feeding a movement to restore what many conservatives call "The Constitution in Exile," by which they mean the Constitution as it existed before the Roosevelt administration. Radicals in Robes explains what the restoration of this constitutional vision would mean. It would mean the end of the FCC, the SEC, the EPA, and every other federal agency that enacts regulations that have the force of law. It would mean that the clause of the First Amendment that says that Congress may make no law "respecting an establishment of religion" would be turned on its head. Marriage laws and many other familiar areas of modern life are all in the sights of this conservative movement. Radicals in Robes takes judicial philosophy out of the law schools and shows what it means when it intersects partisan politics. It pulls away the veil of rhetoric from a dangerous and radical right-wing movement and issues a strong and passionate warning about what conservatives really intend. One of the most respected legal theorists in the country, Cass R. Sunstein here issues a warning of compelling concern to us all.
Author: Ronald Dworkin Publisher: Harvard University Press ISBN: 0674071964 Category : Philosophy Languages : en Pages : 521
Book Description
The fox knows many things, the Greeks said, but the hedgehog knows one big thing. In his most comprehensive work, Ronald Dworkin argues that value in all its forms is one big thing: that what truth is, life means, morality requires, and justice demands are different aspects of the same large question. He develops original theories on a great variety of issues very rarely considered in the same book: moral skepticism, literary, artistic, and historical interpretation, free will, ancient moral theory, being good and living well, liberty, equality, and law among many other topics. What we think about any one of these must stand up, eventually, to any argument we find compelling about the rest. Skepticism in all its forms—philosophical, cynical, or post-modern—threatens that unity. The Galilean revolution once made the theological world of value safe for science. But the new republic gradually became a new empire: the modern philosophers inflated the methods of physics into a totalitarian theory of everything. They invaded and occupied all the honorifics—reality, truth, fact, ground, meaning, knowledge, and being—and dictated the terms on which other bodies of thought might aspire to them, and skepticism has been the inevitable result. We need a new revolution. We must make the world of science safe for value.
Author: Ronald Dworkin Publisher: A&C Black ISBN: 1780938330 Category : Philosophy Languages : en Pages : 457
Book Description
A landmark work of political and legal philosophy, Ronald Dworkin's Taking Rights Seriously was acclaimed as a major work on its first publication in 1977 and remains profoundly influential in the 21st century. A forceful statement of liberal principles - championing the legal, moral and political rights of the individual against the state - Dworkin demolishes prevailing utilitarian and legal-positivist approaches to jurisprudence. Developing his own theory of adjudication, he applies this to controversial public issues, from civil disobedience to positive discrimination. Elegantly written and cuttingly insightful, Taking Rights Seriously is one of the most important works of public thought of the last fifty years.
Author: Ronald Dworkin Publisher: OUP Oxford ISBN: 0198265573 Category : Law Languages : en Pages : 438
Book Description
Dworkin's important book is a collection of essays which discuss almost all of the great constitutional issues of the last two decades, including abortion, euthanasia, capital punishment, homosexuality, pornography, and free speech. 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 first published separately; now drawn together they provide the reader with a rich, full-length treatment of Dworkin's general theory of law.
Author: Bruce Wright Publisher: Dafina Books ISBN: 9780758201102 Category : African American judges Languages : en Pages : 0
Book Description
As a lawyer and criminal court judge, Bruce Wright has seen, first-hand, the disturbing truth about how fundamentally unfair our judicial system is toward African Americans. In this important book, he takes a hard look at these inequities, documenting them with numerous cases drawn from his years of experience in the courts. With unflinching honesty, he tackles such controversial subjects as the deep-seeded societal prejudices of white judges, the lack of black judges, the long history of excluding blacks from law schools and bar associations, the practice of setting higher bail for black defendants, the anti-black biases of white jurors, and the black defendant's limited access to quality legal representation. Judge Wright also addresses the abuse of police power against blacks, the dehumanizing conditions in jails populated primarily by blacks, and the way that death penalty convictions discriminate against blacks. Finally, he proposes remedies that must be taken if the courts are truly to become a place of justice for all. Timely and relevant, "Black Robes, White Justice" is a book that every American should read in order to understand one of the most important issues of our time.
Author: Ronald Dworkin Publisher: Harvard University Press ISBN: 0674728041 Category : Philosophy Languages : en Pages : 71
Book Description
In his last book, Ronald Dworkin addresses questions that men and women have asked through the ages: What is religion and what is God’s place in it? What is death and what is immortality? Based on the 2011 Einstein Lectures, Religion without God is inspired by remarks Einstein made that if religion consists of awe toward mysteries which “manifest themselves in the highest wisdom and the most radiant beauty, and which our dull faculties can comprehend only in the most primitive forms,” then, he, Einstein, was a religious person. Dworkin joins Einstein’s sense of cosmic mystery and beauty to the claim that value is objective, independent of mind, and immanent in the world. He rejects the metaphysics of naturalism—that nothing is real except what can be studied by the natural sciences. Belief in God is one manifestation of this deeper worldview, but not the only one. The conviction that God underwrites value presupposes a prior commitment to the independent reality of that value—a commitment that is available to nonbelievers as well. So theists share a commitment with some atheists that is more fundamental than what divides them. Freedom of religion should flow not from a respect for belief in God but from the right to ethical independence. Dworkin hoped that this short book would contribute to rational conversation and the softening of religious fear and hatred. Religion without God is the work of a humanist who recognized both the possibilities and limitations of humanity.
Author: Daniel Yazdani Publisher: Talbot Publishing ISBN: 9781616195854 Category : Law Languages : en Pages : 322
Book Description
Until The Habit of a Judge, there has never been a book that offers a comprehensive history of Judges' robes and court attire in England and Wales, and its adoption in Australian courts since colonisation. Richly illustrated with hundreds of colour images dating from the 12th century to the present, The Habit of a Judge invitingly portrays the fascinating world of judicial and legal dress. xvii, 303 pp. 322 illustrations. Talbot Publishing, an imprint of The Lawbook Exchange, Ltd.
Author: Katherine Mader Publisher: Antenna Books ISBN: 9781623061203 Category : Languages : en Pages : 392
Book Description
To most people, judges are mysterious creatures. As Anthony Bourdain invited readers to follow him behind the scenes of the restaurant business in his bestseller, Kitchen Confidential, and Caitlin Doughty's Smoke Gets in Your Eyes was a revealing peak into the mysteries of what happens after death inside a mortuary, Inside the Robe shines a bright spotlight into the hidden folds of the judging world. Despite the old saw that judges should merely "follow the law," Inside the Robe lays bare how following the law can produce wildly different results depending upon the background, politics, and life experiences of each judge. Even the floor of the courthouse can mean the difference between prison and freedom. Judge Katharine Mader spent decades as a judge in a criminal court, was the LAPD's first inspector general, a prosecutor in two murder-for-hire trials, and a defense attorney who successfully argued to spare the life of the Hillside Strangler. From her perch behind the bench, Judge Mader witnesses a parade of drug addicts, gang members, mentally ill defendants, pricey private attorneys ranging from brilliant to incompetent, jaded prosecutors, and starry-eyed true believer public defenders. Never before has the judging profession been laid bare for all to see.
Author: Ronald Dworkin
Author: Barbara C. Johnson
Author: Cass R. Sunstein
Author: Ronald Dworkin
Author: Ronald Dworkin
Author: Ronald Dworkin
Author: Bruce Wright
Author: Ronald Dworkin
Author: Daniel Yazdani
Author: Katherine Mader