The Supreme Court And The Philosopher

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The Supreme Court and the Philosopher

Author : Eric T. Kasper
Publisher : Cornell University Press
ISBN 13 : 1501774530
Total Pages : 286 pages
Book Rating : 4.5/5 (17 download)

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Book Synopsis The Supreme Court and the Philosopher by : Eric T. Kasper

Download or read book The Supreme Court and the Philosopher written by Eric T. Kasper and published by Cornell University Press. This book was released on 2024-04-15 with total page 286 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Supreme Court and the Philosopher illustrates how the modern US Supreme Court has increasingly adopted a view of the constitutional right to the freedom of expression that is classically liberal in nature, reflecting John Stuart Mill's reasoning in On Liberty. A landmark treatise outlining the merits of limiting governmental and social power over the individual, On Liberty advocates for a maximum protection of human freedom. Proceeding case by case and covering a wide array of issues, such as campaign finance, offensive speech, symbolic speech, commercial speech, online expression, and false statements, Eric T. Kasper and Troy A. Kozma show how the Supreme Court justices have struck down numerous laws for infringing on the freedom of expression. Kasper and Kozma demonstrate how the adoption of Mill's version of free speech began with Justice Oliver Wendell Holmes Jr. more than a century ago and expanded over time to become the prevailing position of the Court today. The authors argue that this embrace of Mill's rationale has led to an unmistakable reorientation in the Court's understanding of free expression jurisprudence. The Supreme Court and the Philosopher is the first book to comprehensively explore how the political philosophy of Mill has influenced the highest court in the land. In targeting the underlying philosophical reasons that explain why the modern Supreme Court renders its First Amendment decisions, this book is particularly timely, as the issues of censorship and freedom of expression are debated in the public square today.

The Supreme Court Phalanx

Author : Ronald Dworkin
Publisher : New York Review of Books
ISBN 13 : 1590172930
Total Pages : 91 pages
Book Rating : 4.5/5 (91 download)

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Book Synopsis The Supreme Court Phalanx by : Ronald Dworkin

Download or read book The Supreme Court Phalanx written by Ronald Dworkin and published by New York Review of Books. This book was released on 2008 with total page 91 pages. Available in PDF, EPUB and Kindle. Book excerpt: "A New York Review Books collection"--Cover.

Philosophy of Law

Author : Walter E. Block
Publisher : Springer Nature
ISBN 13 : 3030283607
Total Pages : 520 pages
Book Rating : 4.0/5 (32 download)

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Book Synopsis Philosophy of Law by : Walter E. Block

Download or read book Philosophy of Law written by Walter E. Block and published by Springer Nature. This book was released on 2019-11-14 with total page 520 pages. Available in PDF, EPUB and Kindle. Book excerpt: Looking at discrimination, education, environment, health and crime, this volume analyses United States Supreme Court rulings on several legal issues and proposed libertarian solutions to each problem. Setting their own liberal theory of law, each chapter discusses the law at hand, what it should be, and what it would be if their political economic philosophy were the justification of the legal practice. Covering issues such as sexual harassment, religion, markets in human organs, drug prohibition and abortion, this book is a timely contribution to classical liberal debate on law and economics.

The Case of the People Against the Lawyers and the Courts

Author : Frank Cramer
Publisher :
ISBN 13 :
Total Pages : 156 pages
Book Rating : 4.:/5 (2 download)

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Book Synopsis The Case of the People Against the Lawyers and the Courts by : Frank Cramer

Download or read book The Case of the People Against the Lawyers and the Courts written by Frank Cramer and published by . This book was released on 1915 with total page 156 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Law and Philosophy

Author : Thomas W. Simon
Publisher : McGraw-Hill Humanities, Social Sciences & World Languages
ISBN 13 :
Total Pages : 552 pages
Book Rating : 4.3/5 (91 download)

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Book Synopsis Law and Philosophy by : Thomas W. Simon

Download or read book Law and Philosophy written by Thomas W. Simon and published by McGraw-Hill Humanities, Social Sciences & World Languages. This book was released on 2001 with total page 552 pages. Available in PDF, EPUB and Kindle. Book excerpt: This analytical anthology introduces students with little background in either to both law and philosophy using prominent classic political philosophers, legal theorists, and abundant landmark court cases. Legal issues are placed in their historical and philosophical contexts. The book considers critical issues such as civil disobedience, war crimes, and the death penalty. It teaches the basics of international, constitutional, and criminal law and shows how philosophy of law helps makes sense of and unifies the seeming scraps and fragments of law. The chapters focus on different areas of law and on different philosophers and philosophies. A classical political philosopher anchors each area of law covered. The anthology includes writings from prominent political philosophers (Plato, Aristotle, Hobbes, Locke, Kant, Mill, Nietzsche, and Rawls), from classical legal theorists (Aquinas, Grotius, Austin, Fuller, Hart, and Dworkin), and from judicial opinions (Justices Blackmun, Brennan, Marshall, Rehnquist, and Scalia).

From the American Civil War to the War on Terror

Author : Emily Hartz
Publisher : Springer Science & Business Media
ISBN 13 : 3642326331
Total Pages : 117 pages
Book Rating : 4.6/5 (423 download)

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Book Synopsis From the American Civil War to the War on Terror by : Emily Hartz

Download or read book From the American Civil War to the War on Terror written by Emily Hartz and published by Springer Science & Business Media. This book was released on 2012-12-13 with total page 117 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book offers a systematic and comprehensive account of the key cases that have come to shape the jurisprudence on emergency law in the United States from the Civil War to the War on Terror. The legal questions raised in these cases concern fundamental constitutional issues such as the status of fundamental rights, the role of the court in times of war, and the question of how to interpret constitutional limitations to executive power. At stake in these difficult legal questions is the issue of how to conceive of the very status of law in liberal democratic states. The questions with which the Supreme Court justices have to grapple in these cases are therefore as philosophical as they are legal. In this book the Court's arguments are systematized according to categories informed by constitutional law as well as classic philosophical discussions of the problem of emergency. On this basis, the book singles out three legal paradigms for interpreting the problem of emergency: the rights model, the extra-legal model and the procedural model. This systematic approach helps the reader develop a philosophical and legal overview of central issues in the jurisprudence on emergency.

The American Philosophy of Government

Author : Alpheus Henry Snow
Publisher : Theclassics.Us
ISBN 13 : 9781230240534
Total Pages : 128 pages
Book Rating : 4.2/5 (45 download)

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Book Synopsis The American Philosophy of Government by : Alpheus Henry Snow

Download or read book The American Philosophy of Government written by Alpheus Henry Snow and published by Theclassics.Us. This book was released on 2013-09 with total page 128 pages. Available in PDF, EPUB and Kindle. Book excerpt: This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1921 edition. Excerpt: ... EXECUTION OF JUDGMENTS AGAINST STATES EXECUTION OF JUDGMENTS AGAINST STATES Reprinted from "The Washington Proceedings of the American Society for the Judicial Settlement of International Disputes," December, 1916. JUDGMENTS AGAINST STATES IN the Dred Scott case the parties were a black man and a white man; the former claiming emancipation from slavery because the latter, as his owner, had taken him from a slave-state to a free-soil state. The case came to the Supreme Court by virtue of its appellate jurisdiction. The judgment of the Supreme Court in favor of the white man as owner of the black man, was in fact a judgment against all the free-soil states, constituting about one half the states of the Union; and it was and is so universally regarded. The attempt to compel the execution of the judgment as a precedent led to the Civil War. The execution of the judgment as a precedent was forever brought to an end by the adoption of the thirteenth, fourteenth and fifteenth amendments to the Constitution. In the case of Virginia vs. West Virginia the parties were two States of the Union. It was brought in the Supreme Court of the United States as a court of original jurisdiction. The issue involved was whether West Virginia should pay Virginia a less or greater amount of money under a contract between them. A greater amount was adjudged to be due than West Virginia expected, and more than it thinks reasonable. A question of the compulsory execution of the judgment has thus arisen. In the Dred Scott case the constitutional rights of the States of the Union were at issue, as well as the fundamental rights of all men to life, liberty, and the pursuit of happiness, of which every state, equally with the Union, is the constitutional guardian. It...

The Evolution of a Judicial Philosophy

Author : John Marshall Harlan
Publisher : Cambridge : Harvard University Press
ISBN 13 :
Total Pages : 352 pages
Book Rating : 4.:/5 (32 download)

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Book Synopsis The Evolution of a Judicial Philosophy by : John Marshall Harlan

Download or read book The Evolution of a Judicial Philosophy written by John Marshall Harlan and published by Cambridge : Harvard University Press. This book was released on 1969 with total page 352 pages. Available in PDF, EPUB and Kindle. Book excerpt:

The Supreme Court and the Philosopher

Author : Eric T. Kasper
Publisher : Cornell University Press
ISBN 13 : 1501774522
Total Pages : 184 pages
Book Rating : 4.5/5 (17 download)

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Book Synopsis The Supreme Court and the Philosopher by : Eric T. Kasper

Download or read book The Supreme Court and the Philosopher written by Eric T. Kasper and published by Cornell University Press. This book was released on 2024-04-15 with total page 184 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Supreme Court and the Philosopher illustrates how the modern US Supreme Court has increasingly adopted a view of the constitutional right to the freedom of expression that is classically liberal in nature, reflecting John Stuart Mill's reasoning in On Liberty. A landmark treatise outlining the merits of limiting governmental and social power over the individual, On Liberty advocates for a maximum protection of human freedom. Proceeding case by case and covering a wide array of issues, such as campaign finance, offensive speech, symbolic speech, commercial speech, online expression, and false statements, Eric T. Kasper and Troy A. Kozma show how the Supreme Court justices have struck down numerous laws for infringing on the freedom of expression. Kasper and Kozma demonstrate how the adoption of Mill's version of free speech began with Justice Oliver Wendell Holmes Jr. more than a century ago and expanded over time to become the prevailing position of the Court today. The authors argue that this embrace of Mill's rationale has led to an unmistakable reorientation in the Court's understanding of free expression jurisprudence. The Supreme Court and the Philosopher is the first book to comprehensively explore how the political philosophy of Mill has influenced the highest court in the land. In targeting the underlying philosophical reasons that explain why the modern Supreme Court renders its First Amendment decisions, this book is particularly timely, as the issues of censorship and freedom of expression are debated in the public square today.

Classic Readings and Cases in Philosophy of Law

Author : Susan Dimock
Publisher : Addison-Wesley Longman
ISBN 13 :
Total Pages : 740 pages
Book Rating : 4.3/5 ( download)

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Book Synopsis Classic Readings and Cases in Philosophy of Law by : Susan Dimock

Download or read book Classic Readings and Cases in Philosophy of Law written by Susan Dimock and published by Addison-Wesley Longman. This book was released on 2006-10 with total page 740 pages. Available in PDF, EPUB and Kindle. Book excerpt: Classic Readings and Cases in the Philosophy of Law Susan Dimock Canada Pearson With over sixty cases as support, this text presents the philosophy of law as a perpetual series of debates with overlapping lines and cross connections. Using law as a focus to bring into relief many social and political issues of pressing importance in contemporary society, this book encourages readers to think critically and philosophically. "Classic Readings and Cases in the Philosophy of Law" centers on five major questions: What is law? What, if any, connection must there be between law and morality? When should law be used to restrict the liberty of individuals? To what extent should democratic states permit civil disobedience? What, if anything, justifies the infliction of punishment on those who violate the law? The extensive anthology of cases covers the mundane to the grandest of constitutional issues, including controversial topics like ownership of genetic material, capital punishment, and gay rights. Brief introductions to each case describe the central issue being litigated, the legal reasoning of the justices both majority and dissenting the decision of the court, and its philosophical significance. Please visit us at www.ablongman.com "

Philosophy, Law and the Family

Author : Laurence D. Houlgate
Publisher : Springer
ISBN 13 : 3319511211
Total Pages : 283 pages
Book Rating : 4.3/5 (195 download)

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Book Synopsis Philosophy, Law and the Family by : Laurence D. Houlgate

Download or read book Philosophy, Law and the Family written by Laurence D. Houlgate and published by Springer. This book was released on 2017-01-21 with total page 283 pages. Available in PDF, EPUB and Kindle. Book excerpt: This textbook uses cases in family law to illustrate both traditional philosophical problems in the law as well as problems that are unique to family law. In the beginning chapters family law cases are employed to introduce the reader to philosophical debates about the relationship between law and morals, about how one ought to interpret the U.S. Constitution and its amendments, about the conditions under which individual liberty is justifiably limited by law, about the justification of punishment, and about the justification of remedies and standards of care in determining negligence in tort cases. Later chapters are devoted to contemporary issues unique to family law, including justifiable limits of access to marriage, alternatives to marriage, the rights of children, child custody disputes involving surrogate births, quasi-property disputes involving custody of frozen embryos, and the justifiable limits of the right not to procreate. The book reflects current movements, contemporary debates, and recent research on the philosophical problems in family law.

Vagueness and Law

Author : Geert Keil
Publisher : Oxford University Press
ISBN 13 : 0191085715
Total Pages : 350 pages
Book Rating : 4.1/5 (91 download)

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Book Synopsis Vagueness and Law by : Geert Keil

Download or read book Vagueness and Law written by Geert Keil and published by Oxford University Press. This book was released on 2016-12-01 with total page 350 pages. Available in PDF, EPUB and Kindle. Book excerpt: Vague expressions are omnipresent in natural language. As such, their use in legal texts is virtually inevitable. If a law contains vague terms, the question whether it applies to a particular case often lacks a clear answer. One of the fundamental pillars of the rule of law is legal certainty. The determinacy of the law enables people to use it as a guide and places judges in the position to decide impartially. Vagueness poses a threat to these ideals. In borderline cases, the law seems to be indeterminate and thus incapable of serving its core rule of law value. In the philosophy of language, vagueness has become one of the hottest topics of the last two decades. Linguists and philosophers have investigated what distinguishes " vagueness from other kinds of linguistic indeterminacy, such as ambiguity, generality, open texture, and family resemblance concepts. There is a vast literature that discusses the logical, semantic, pragmatic, and epistemic aspects of these phenomena. Legal theory has hitherto paid little attention to the differences between the various kinds of linguistic indeterminacy that are grouped under the heading of ", let alone to the various theories that try to account for these phenomena. Bringing together leading scholars working on the topic of vagueness in philosophy and in law, this book fosters a dialogue between philosophers and legal scholars by examining how philosophers conceive vagueness in law from their theoretical perspective and how legal theorists make use of philosophical theories of vagueness. The chapters of the book are organized into three parts. The first part addresses the import of different theories of vagueness for the law, referring to a wide range of theories from supervaluationist to contextualist and semantic realist accounts in order to address the question of whether the law can learn from engaging with philosophical discussions of vagueness. The second part of the book examines different vagueness phenomena. The contributions in part 2 suggest that the greater awareness to different vagueness phenomena can make lawyers aware of specific issues and solutions so far overlooked. The third part deals with the pragmatic aspects of vagueness in law, providing answers to the question of how to deal with vagueness in law and with the professional, political, moral, and ethical issues such vagueness gives rise to.

Justice Rehnquist and the Constitution

Author : Sue Davis
Publisher : Princeton University Press
ISBN 13 : 1400859875
Total Pages : 258 pages
Book Rating : 4.4/5 (8 download)

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Book Synopsis Justice Rehnquist and the Constitution by : Sue Davis

Download or read book Justice Rehnquist and the Constitution written by Sue Davis and published by Princeton University Press. This book was released on 2014-07-14 with total page 258 pages. Available in PDF, EPUB and Kindle. Book excerpt: This analysis of the decision making of William H. Rehnquist from the beginning of his tenure as an Associate Justice of the United States Supreme Court in 1971 until he was nominated to be Chief Justice in 1986 presents a refreshing new perspective on the Burger Court's most conservative member. The common assessment of Rehnquist's career on the Supreme Court is that he has tried to put his own political agenda into effect--deciding as he wishes and justifying it later. Davis disputes that view through careful, insightful analysis of his opinions, his votes, and his public speeches. She argues that Rehnquist does, indeed, have a judicial philosophy--one that has legal positivism at its core. By examining the interaction between the facets of that judicial philosophy and Rehnquist's particular ordering of values, Davis reveals the coherence of his decision making. The author finds that Rehnquist's hierarchy of values gives paramount importance to state autonomy, or the "new federalism." He sees the protection of private property as secondary to the significance of federalism, followed, finally, by the protection of individual rights. Originally published in 1989. The Princeton Legacy Library uses the latest print-on-demand technology to again make available previously out-of-print books from the distinguished backlist of Princeton University Press. These editions preserve the original texts of these important books while presenting them in durable paperback and hardcover editions. The goal of the Princeton Legacy Library is to vastly increase access to the rich scholarly heritage found in the thousands of books published by Princeton University Press since its founding in 1905.

Philosophical Foundations of Constitutional Law

Author : David Dyzenhaus
Publisher : Oxford University Press
ISBN 13 : 0198754523
Total Pages : 353 pages
Book Rating : 4.1/5 (987 download)

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Book Synopsis Philosophical Foundations of Constitutional Law by : David Dyzenhaus

Download or read book Philosophical Foundations of Constitutional Law written by David Dyzenhaus and published by Oxford University Press. This book was released on 2016 with total page 353 pages. Available in PDF, EPUB and Kindle. Book excerpt: This is a collection of essays from leading constitutional lawyers and theorists, examining the philosophical foundations of constitutional law and the issues that arise from the fundamental philosophical issues raised by the idea of a constitution.

The Supreme Court

Author : Will Geisler
Publisher :
ISBN 13 : 9780692930304
Total Pages : 300 pages
Book Rating : 4.9/5 (33 download)

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Book Synopsis The Supreme Court by : Will Geisler

Download or read book The Supreme Court written by Will Geisler and published by . This book was released on 2017-07-24 with total page 300 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Supreme Court: Readings and Cases using primary sources and Supreme Court cases from the 18th-21st centuries to understand the history and political philosophy of the The Supreme Court of the United States.

A Man's Reach

Author : Jerome Frank
Publisher : Greenwood
ISBN 13 :
Total Pages : 488 pages
Book Rating : 4.4/5 (91 download)

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Book Synopsis A Man's Reach by : Jerome Frank

Download or read book A Man's Reach written by Jerome Frank and published by Greenwood. This book was released on 1977 with total page 488 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Philosopher Kings?

Author : George C. Christie
Publisher : Oxford University Press
ISBN 13 : 0199712387
Total Pages : 212 pages
Book Rating : 4.1/5 (997 download)

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Book Synopsis Philosopher Kings? by : George C. Christie

Download or read book Philosopher Kings? written by George C. Christie and published by Oxford University Press. This book was released on 2011-03-01 with total page 212 pages. Available in PDF, EPUB and Kindle. Book excerpt: Philosopher Kings? The Adjudication of Conflicting Human Rights and Social Values, by George C. Christie, examines the attempts by courts to sort out conflicts involving freedom of expression, including religious expression, on the one hand, and rights to privacy and other important social values on the other. It approaches the subject from a comparative perspective, using principally cases decided by European and United States courts. A significant part of this book analyzes conflicts between freedom of expression and the right to privacy. In a world in which, freedom of expression and privacy are said to be of equal value, the book explores whether it is possible to develop, through case-by-case adjudication, a legal regime which can give clear direction as to what expression is or is not permitted. Otherwise, if such a regime proves impossible, in the guise of recognizing the equal value of expression and privacy, privacy may become de facto the preferred value.