Search results for: reflections-on-judging

Reflections on Judging

Author : Richard A. Posner
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For Richard Posner, legal formalism and formalist judges--notably Antonin Scalia--present the main obstacles to coping with the dizzying pace of technological advance. Posner calls for legal realism--gathering facts, considering context, and reaching a sensible conclusion that inflicts little collateral damage on other areas of the law.

Judges on Judging

Author : David M. O'Brien
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Thoroughly revised and updated for this Fifth Edition, Judges on Judging offers insights into the judicial philosophies and political views of those on the bench. Broad in scope, this one-of-a-kind book features “off-the-bench” writings and speeches in which Supreme Court justices, as well as lower federal and state court judges, discuss the judicial process, constitutional interpretation, judicial federalism, and the role of the judiciary. Engaging introductory material written by David M. O’Brien provides students with necessary thematic and historical context making this book the perfect supplement to present a nuanced view of the judiciary.

Created Equal Reflections On The Unalienable Right To Life

Author : Thomas A. Glessner, J.D.
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Keeton on Judging in the American Legal System

Author : Robert E. Keeton
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Reflections on the Revolution in France

Author : Edmund Burke
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Notes and reflections on the Epistle to the Romans

Author : Arthur Pridham (author of Notes and reflections on the Psalms.)
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Greek Reflections on the Nature of Music

Author : Flora R. Levin
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In this book, Flora Levin explores how and why music was so important to the ancient Greeks. She examines the distinctions that they drew between the theory of music as an art ruled by number and the theory wherein number is held to be ruled by the art of music. These perspectives generated more expansive theories, particularly the idea that the cosmos is a mirror-image of music's structural elements and, conversely, that music by virtue of its cosmic elements - time, motion, and the continuum - is itself a mirror-image of the cosmos. These opposing perspectives gave rise to two opposing schools of thought, the Pythagorean and the Aristoxenian. Levin argues that the clash between these two schools could never be reconciled because the inherent conflict arises from two different worlds of mathematics. Her book shows how the Greeks' appreciation of the profundity of music's interconnections with philosophy, mathematics, and logic led to groundbreaking intellectual achievements that no civilization has ever matched.

Practical reflections on the Psalms by J N D

Author : John Nelson Darby
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Natural Law Theory

Author : Robert P. George
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This volume presents twelve original essays by contemporary natural law theorists and their critics. Natural law theory is enjoying a revival of interest today in a variety of disciplines, including law, philosophy, political science, and theology and religious studies. These essays offer readers a sense of the lively contemporary debate among natural law theorists of different schools, as well as between natual law theorists and their critics.

Judging Statutes

Author : Robert A. Katzmann
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In an ideal world, the laws of Congress--known as federal statutes--would always be clearly worded and easily understood by the judges tasked with interpreting them. But many laws feature ambiguous or even contradictory wording. How, then, should judges divine their meaning? Should they stick only to the text? To what degree, if any, should they consult aids beyond the statutes themselves? Are the purposes of lawmakers in writing law relevant? Some judges, such as Supreme Court Justice Antonin Scalia, believe courts should look to the language of the statute and virtually nothing else. Chief Judge Robert A. Katzmann of the U.S. Court of Appeals for the Second Circuit respectfully disagrees. In Judging Statutes, Katzmann, who is a trained political scientist as well as a judge, argues that our constitutional system charges Congress with enacting laws; therefore, how Congress makes its purposes known through both the laws themselves and reliable accompanying materials should be respected. He looks at how the American government works, including how laws come to be and how various agencies construe legislation. He then explains the judicial process of interpreting and applying these laws through the demonstration of two interpretative approaches, purposivism (focusing on the purpose of a law) and textualism (focusing solely on the text of the written law). Katzmann draws from his experience to show how this process plays out in the real world, and concludes with some suggestions to promote understanding between the courts and Congress. When courts interpret the laws of Congress, they should be mindful of how Congress actually functions, how lawmakers signal the meaning of statutes, and what those legislators expect of courts construing their laws. The legislative record behind a law is in truth part of its foundation, and therefore merits consideration.

Lectures on Kant s Political Philosophy

Author : Hannah Arendt
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Hannah Arendt's last philosophical work was an intended three-part project entitled The Life of the Mind. Unfortunately, Arendt lived to complete only the first two parts, Thinking and Willing. Of the third, Judging, only the title page, with epigraphs from Cato and Goethe, was found after her death. As the titles suggest, Arendt conceived of her work as roughly parallel to the three Critiques of Immanuel Kant. In fact, while she began work on The Life of the Mind, Arendt lectured on "Kant's Political Philosophy," using the Critique of Judgment as her main text. The present volume brings Arendt's notes for these lectures together with other of her texts on the topic of judging and provides important clues to the likely direction of Arendt's thinking in this area.

Journal of Horticulture and Practical Gardening

Author :
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Journal of Horticulture Cottage Gardener and Home Farmer

Author :
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Reflections on the Present State of the British Nation by British Common Sense

Author : British Common Sense
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Practical Reflections on Every Verse of the Psalter of Psalms of David

Author :
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Reflections on Commercial Life

Author : Patrick Murray
File Size : 46.52 MB
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Reflections on Commercial Life, an anthology of writings, from the ancient Greeks to contemporary thinkers, provides students, scholars, and general readers an opportunity to develop a more self-conscious and critical relationship to commercial life. Selections are drawn from seminal works of high intellectual and literary quality. Through an inquiry into history, nature, and outcomes, this volume offers the opportunity to explore, as never before, alternatives to modern commercial life.

Judging Evil

Author : Samuel H. Pillsbury
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Why do killers deserve punishment? How should the law decide? These are the questions Samuel H. Pillsbury seeks to answer in this important new book on the theory and practice of criminal responsibility. In an argument both traditional and fresh, Pillsbury holds that persons deserve punishment according to the evil they choose to do, regardless of their psychological capacities. Using real case examples, he offers concrete proposals for legal reform, urging that modern preoccupations with subjective aspects of wrongdoing be replaced with rules that focus more on the individual's motives.

Notes and reflections on the Epistle to the Galatians

Author : Arthur Pridham (author of Notes and reflections on the Psalms.)
File Size : 56.54 MB
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Reflections on the Logic of the Good

Author : Chana Cox
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Reflections on the Logic of the Good provides a metaphysical and philosophical foundation for those who argue against micromanagement of the individual, the economy, and society. In doing so, it offers a defense of the open mind, the open society, and the open universe. What emerges is a defense of ethical pluralism without relativism, and an entirely general invisible hand theory entrenched not only in the nature of man but also in the nature of nature.

Gender and Judging

Author : Ulrike Schultz
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Does gender make a difference to the way the judiciary works and should work? Or is gender-blindness a built-in prerequisite of judicial objectivity? If gender does make a difference, how might this be defined? These are the key questions posed in this collection of essays, by some 30 authors from the following countries; Argentina, Cambodia, Canada, England, France, Germany, India, Israel, Italy, Ivory Coast, Japan, Kenya, the Netherlands, the Philippines, South Africa, Switzerland, Syria and the United States. The contributions draw on various theoretical approaches, including gender, feminist and sociological theories. The book's pressing topicality is underlined by the fact that well into the modern era male opposition to women's admission to, and progress within, the judicial profession has been largely based on the argument that their very gender programmes women to show empathy, partiality and gendered prejudice - in short essential qualities running directly counter to the need for judicial objectivity. It took until the last century for women to begin to break down such seemingly insurmountable barriers. And even now, there are a number of countries where even this first step is still waiting to happen. In all of them, there remains a more or less pronounced glass ceiling to women's judicial careers.