Search Results for "law-s-quandary"

Law’s Quandary

Law’s Quandary

  • Author: Steven D Smith
  • Publisher: Harvard University Press
  • ISBN: 9780674043824
  • Category: Law
  • Page: 222
  • View: 846
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This lively book reassesses a century of jurisprudential thought from a fresh perspective, and points to a malaise that currently afflicts not only legal theory but law in general. Steven Smith argues that our legal vocabulary and methods of reasoning presuppose classical ontological commitments that were explicitly articulated by thinkers from Aquinas to Coke to Blackstone, and even by Joseph Story. But these commitments are out of sync with the world view that prevails today in academic and professional thinking. So our law-talk thus degenerates into "just words"--or a kind of nonsense. The diagnosis is similar to that offered by Holmes, the Legal Realists, and other critics over the past century, except that these critics assumed that the older ontological commitments were dead, or at least on their way to extinction; so their aim was to purge legal discourse of what they saw as an archaic and fading metaphysics. Smith's argument starts with essentially the same metaphysical predicament but moves in the opposite direction. Instead of avoiding or marginalizing the "ultimate questions," he argues that we need to face up to them and consider their implications for law.

The Semiotics of Law in Legal Education

The Semiotics of Law in Legal Education

  • Author: Jan M. Broekman,Francis J. Mootz III
  • Publisher: Springer Science & Business Media
  • ISBN: 9789400713413
  • Category: Law
  • Page: 255
  • View: 3197
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This book offers educational experiences, including reflections and the resulting essays, from the Roberta Kevelson Seminar on Law and Semiotics held during 2008 – 2011 at Penn State University’s Dickinson School of Law. The texts address educational aspects of law that require attention and that also are issues in traditional jurisprudence and legal theory. The book introduces education in legal semiotics as it evolves in a legal curriculum. Specific semiotic concepts, such as “sign”, “symbol” or “legal language,” demonstrate how a lawyer’s professionally important tasks of name-giving and meaning-giving are seldom completely understood by lawyers or laypeople. These concepts require analyses of considerable depth to understand the expressiveness of these legal names and meanings, and to understand how lawyers can “say the law,” or urge such a saying correctly and effectively in the context of a natural language that is understandable to all of us. The book brings together the structure of the Seminar, its foundational philosophical problems, the specifics of legal history, and the semiotics of the legal system with specific themes such as gender, family law, and business law.

The Architecture of Law

The Architecture of Law

Rebuilding Law in the Classical Tradition

  • Author: Brian M. McCall
  • Publisher: University of Notre Dame Pess
  • ISBN: 0268103364
  • Category: Philosophy
  • Page: 612
  • View: 9084
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What is law? How should law be made? Using St. Thomas Aquinas’s analogy of God as an architect, Brian McCall argues that classical natural law jurisprudence provides an answer to these questions far superior to those provided by legal positivism or the “new” natural law theories. The Architecture of Law explores the metaphor of law as an architectural building project, with eternal law as the foundation, natural law as the frame, divine law as the guidance provided by the architect, and human law as the provider of the defining details and ornamentation. Classical jurisprudence is presented as a synthesis of the work of the greatest minds of antiquity and the medieval period, including Cicero, Artistotle, Gratian, Augustine, and Aquinas; the significant texts of each receive detailed exposition in these pages. Along with McCall’s development of the architectural image, he raises a question that becomes a running theme throughout the book: To what extent does one need to know God to accept and understand natural law jurisprudence, given its foundational premise that all authority comes from God? The separation of the study of law from knowledge of theology and morality, McCall argues, only results in the impoverishment of our understanding of law. He concludes that they must be reunited in order for jurisprudence to flourish. This book will appeal to academics, students in law, philosophy, and theology, and to all those interested in legal or political philosophy.

Law and the Humanities

Law and the Humanities

An Introduction

  • Author: Austin Sarat,Matthew Anderson,Cathrine O. Frank
  • Publisher: Cambridge University Press
  • ISBN: 0521899052
  • Category: Law
  • Page: 539
  • View: 316
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A review and analysis of existing scholarship on the different national traditions and on the various modes and subjects of law and humanities.

Law, Person, and Community

Law, Person, and Community

Philosophical, Theological, and Comparative Perspectives on Canon Law

  • Author: John J. Coughlin
  • Publisher: Oxford University Press
  • ISBN: 0199877181
  • Category: Law
  • Page: 320
  • View: 7887
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Law, Person, and Community: Philosophical, Theological, and Comparative Perspectives on Canon Law takes up the fundamental question "What is law?" through a consideration of the interrelation of the concepts of law, person, and community. As with the concept of law described by secular legal theorists, canon law aims to set a societal order that harmonizes the interests of individuals and communities, secures peace, guarantees freedom, and establishes justice. At the same time, canon law rests upon a traditional understanding of the spiritual end of the human person and religious nature of community. The comparison of one of the world's ancient systems of religious law with contemporary conceptions of law rooted in secular theory raises questions about the law's power to bind individuals and communities. Professor John J. Coughlin employs comparative methodology in an attempt to reveal the differing concepts of the human person reflected in both canon law and secular legal theory. Contrasting the contemporary positivistic view of law with the classical view reflected in canon law, Law, Person, and Community discusses the relationship between canon law, theology, and natural law. It also probes the interplay between the metaphysical and historical in the theory of law by an examination of canonical equity, papal authority, and the canon law of marriage. It juxtaposes the assumptions of canon law about church-state relations with those of the modern liberal state as exemplified by U.S. first amendment jurisprudence. No scholarly work has yet addressed this question of how the principles and substance of canon law, both past and present, relate to current issues in legal theory, such as the foundation of human rights and in particular the right of religious freedom for individuals and communities.

"I'm Not a Racist, But . . ."

The Moral Quandary of Race

  • Author: Lawrence Blum
  • Publisher: Cornell University Press
  • ISBN: 1501701959
  • Category: Philosophy
  • Page: 272
  • View: 9192
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Not all racial incidents are racist incidents, Lawrence Blum says. "We need a more varied and nuanced moral vocabulary for talking about the arena of race. We should not be faced with a choice of 'racism' or nothing." Use of the word "racism" is pervasive: An article about the NAACP's criticism of television networks for casting too few "minority" actors in lead roles asks, "Is television a racist institution?" A white girl in Virginia says it is racist for her African-American teacher to wear African attire. Blum argues that a growing tendency to castigate as "racism" everything that goes wrong in the racial domain reduces the term's power to evoke moral outrage. In "I'm Not a Racist, But . . .", Blum develops a historically grounded account of racism as the deeply morally-charged notion it has become. He addresses the question whether people of color can be racist, defines types of racism, and identifies debased and inappropriate usages of the term. Though racial insensitivity, racial anxiety, racial ignorance and racial injustice are, in his view, not "racism," they are racial ills that should elicit moral concern. Blum argues that "race" itself, even when not serving distinct racial malfeasance, is a morally destructive idea, implying moral distance and unequal worth. History and genetic science reveal both the avoidability and the falsity of the idea of race. Blum argues that we can give up the idea of race, but must recognize that racial groups' historical and social experience has been shaped by having been treated as if they were races.

Democracy More or Less

Democracy More or Less

  • Author: Bruce Cain
  • Publisher: Cambridge University Press
  • ISBN: 1107039630
  • Category: Law
  • Page: 262
  • View: 4449
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This book studies how American political reform efforts often fail because of the unrealistic ideal of a fully informed and engaged citizenry.

Thinking Woman

Thinking Woman

A Philosophical Approach to the Quandary of Gender

  • Author: Jennifer Hockenbery Dragseth
  • Publisher: The Lutterworth Press
  • ISBN: 0718844556
  • Category: Social Science
  • Page: 214
  • View: 2812
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American Evangelicalism

American Evangelicalism

Conservative Religion and the Quandary of Modernity

  • Author: James Davison Hunter
  • Publisher: Rutgers University Press
  • ISBN: 9780813509853
  • Category: Religion
  • Page: 171
  • View: 9353
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Quarrel & Quandary

Quarrel & Quandary

Essays

  • Author: Cynthia Ozick
  • Publisher: Vintage
  • ISBN: 0307807886
  • Category: Literary Collections
  • Page: 272
  • View: 1241
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In her new collection of essays, Cynthia Ozick, everywhere acclaimed as a critic, novelist, and storyteller, examines some of the world's most illustrious writers and their work, tackles compelling contemporary literary and moral issues, and looks into the wellsprings of her own lifelong engagement with literature. She writes--quarrelsomely--about Crime and Punishment, about William Styron's Sophie's Choice, about the Book of Job. She inquires into the subterranean dispositions and quandaries of Kafka and Henry James. She discusses the difficulties inherent in the translation of great books, whether into film or into another language. She explores what she calls "the selfishness of art" and courts controversy with her views on The Diary of Anne Frank and its transformation for the stage. Her reflections on the "rights of history" and the "rights of imagination" tap a profound concern for truth in regard to the Holocaust. She considers the shifting splendors of New York City, past and present. And she revisits her youth more deeply and with more feeling--and comedy--than ever before, in essays that reveal some of the formative experiences of her life as a writer. Quarrel & Quandary is a literary event and a cause for celebration. From the Hardcover edition.

First Things

First Things

A Monthly Journal of Religion and Public Life

  • Author: N.A
  • Publisher: N.A
  • ISBN: N.A
  • Category: Religion
  • Page: N.A
  • View: 6575
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Rules for a Flat World

Rules for a Flat World

Why Humans Invented Law and How to Reinvent It for a Complex Global Economy

  • Author: Gillian Hadfield
  • Publisher: Oxford University Press
  • ISBN: 0199916527
  • Category: BUSINESS & ECONOMICS
  • Page: 408
  • View: 2960
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"The law and legal methods on which we currently rely have failed to evolve along with technology. In Rules for a Flat World, Gillian Hadfield shows us that law provides critical infrastructure for the cooperation and collaboration on which economic growth is built. Recognizing the importance of this infrastructure, along with the insufficiencies of the current system, is the first step to building a legal environment that does more of what we need it to do and less of what we don't"--

Symposium on religion, religious pluralism, and the rule of law

Symposium on religion, religious pluralism, and the rule of law

  • Author: Mississippi College. School of Law
  • Publisher: N.A
  • ISBN: N.A
  • Category: Political Science
  • Page: 288
  • View: 2286
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Foreign Investment and Dispute Resolution Law and Practice in Asia

Foreign Investment and Dispute Resolution Law and Practice in Asia

  • Author: Vivienne Bath,Luke Nottage
  • Publisher: Routledge
  • ISBN: 1136581057
  • Category: Law
  • Page: 296
  • View: 6049
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This book considers foreign investment flows in major Asian economies. It critically assesses the patterns and issues involved in the substantive law and policy environment which impact on investment flows, as well as the related dispute resolution law and practice. The book combines insights from international law and comparative study and is attentive to the socio-economic contexts and competing theories of the role of law in Asia. Contributions come from both academics with considerable practical expertise and legal practitioners with strong academic backgrounds. The chapters analyze the law and practice of investment treaties and FDI regimes in Asia looking specifically at developments in Japan, India, China, Indonesia, Malaysia, Korea and Vietnam. The book explores the impact of the Asian Financial Crisis in the late 1990s and the Global Financial Crisis a decade later, examining actual trends and policy debates relating to FDI and capital flows in Asia before and after those upheavals. Foreign Investment and Dispute Resolution: Law and Practice in Asia is a valuable resource for practitioners, academics and students of International and Comparative Law, Business and Finance Law, Business, Finance and Asian Studies.

The Liberal-republican Quandary in Israel, Europe, and the United States

The Liberal-republican Quandary in Israel, Europe, and the United States

Early Modern Thought Meets Current Affairs

  • Author: Thomas Maissen,Fania Oz-Salzberger
  • Publisher: N.A
  • ISBN: 9781936235551
  • Category: Political Science
  • Page: 286
  • View: 4274
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Compiled by a group of distinguished international scholars including John Pocock, Diana Pinto, Thomas Maissen, and Fania Oz-Salzberger, this volume conjoins Israeli political scholarship with its European and American counterparts, mapping differentials and commonalities.

Symposium

Symposium

looking backward, looking forward : the legacy of chief Justice Rehnquist and Justice O'Connor

  • Author: Barton H. Thompson,William H. Rehnquist,Stanford University. School of Law
  • Publisher: N.A
  • ISBN: N.A
  • Category: Law
  • Page: 390
  • View: 860
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Research Review - Institute of African Studies

Research Review - Institute of African Studies

  • Author: University of Ghana. Institute of African Studies
  • Publisher: N.A
  • ISBN: N.A
  • Category: Africa
  • Page: N.A
  • View: 2957
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Research Review

Research Review

  • Author: University of Ghana. Institute of African Studies
  • Publisher: N.A
  • ISBN: N.A
  • Category: Africa
  • Page: N.A
  • View: 9963
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Research Review

Research Review

  • Author: N.A
  • Publisher: N.A
  • ISBN: N.A
  • Category: Africa
  • Page: N.A
  • View: 1855
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Almanac of the Federal Judiciary: Profiles and evaluations of all judges of the United States Circuit Courts and the United States Supreme Court

Almanac of the Federal Judiciary: Profiles and evaluations of all judges of the United States Circuit Courts and the United States Supreme Court

  • Author: Barnabas D. Johnson
  • Publisher: N.A
  • ISBN: N.A
  • Category: Judges
  • Page: N.A
  • View: 8549
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