Judging Social Rights

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Publisher : Cambridge University Press
ISBN 13 : 1107008026
Total Pages : 399 pages
Book Rating : 4.1/5 (7 download)

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Book Synopsis Judging Social Rights by : Jeff King

Download or read book Judging Social Rights written by Jeff King and published by Cambridge University Press. This book was released on 2012-05-10 with total page 399 pages. Available in PDF, EPUB and Kindle. Book excerpt: Jeff King argues in favour of constitutionalising social rights, and presents an incrementalist approach to judicial enforcement.

Judging International Human Rights

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Publisher : Springer
ISBN 13 : 3319948482
Total Pages : 663 pages
Book Rating : 4.3/5 (199 download)

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Book Synopsis Judging International Human Rights by : Stefan Kadelbach

Download or read book Judging International Human Rights written by Stefan Kadelbach and published by Springer. This book was released on 2019-04-15 with total page 663 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book attempts to establish how courts of general jurisdiction differ from specialized human rights courts in their approach to the implementation and development of international human rights. Why do courts of general jurisdiction face particular problems in relation to the application of international human rights law and why, in other cases, are they better placed than specialized human rights courts to act as guardians of international human rights? At the international level, this volume focusses on the International Court of Justice and courts of regional economic integration organizations in Europe, Latin America and Africa. With regard to the judicial implementation of international human rights and human rights decisions at the domestic level, the contributions analyze the requirements set by human rights treaties and offer a series of country studies on the practice of domestic courts in Europe, the Americas, Africa and Asia. This book follows up on research undertaken by the International Human Rights Law Committee of the International Law Association. It includes the final Committee report as well as contributions by committee members and external experts.

Fear of Judging

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Publisher : University of Chicago Press
ISBN 13 : 9780226774862
Total Pages : 302 pages
Book Rating : 4.7/5 (748 download)

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Book Synopsis Fear of Judging by : Kate Stith

Download or read book Fear of Judging written by Kate Stith and published by University of Chicago Press. This book was released on 1998-10 with total page 302 pages. Available in PDF, EPUB and Kindle. Book excerpt: For two centuries, federal judges exercised wide discretion in criminal sentencing. In 1987 a complex bureaucratic apparatus termed Sentencing "Guidelines" was imposed on federal courts. FEAR OF JUDGING is the first full-scale history, analysis, and critique of the new sentencing regime, arguing that it sacrifices comprehensibility and common sense.

Judging Jehovah's Witnesses

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Publisher :
ISBN 13 :
Total Pages : 360 pages
Book Rating : 4.4/5 (91 download)

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Book Synopsis Judging Jehovah's Witnesses by : Shawn Francis Peters

Download or read book Judging Jehovah's Witnesses written by Shawn Francis Peters and published by . This book was released on 2000 with total page 360 pages. Available in PDF, EPUB and Kindle. Book excerpt: While millions of Americans fought the Nazis, liberty was under attack at home with the persecution of Jehovah's Witnesses who were intimidated and even imprisoned for refusing to salute the flag or serve in the armed forces. This study explores their defence of their First Amendment rights.

Judging Rights

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Publisher : Cornell University Press
ISBN 13 : 1501728660
Total Pages : 340 pages
Book Rating : 4.5/5 (17 download)

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Book Synopsis Judging Rights by : Kirstie M. McClure

Download or read book Judging Rights written by Kirstie M. McClure and published by Cornell University Press. This book was released on 2018-09-05 with total page 340 pages. Available in PDF, EPUB and Kindle. Book excerpt: Kirstie McClure offers a major reinterpretation of John Locke's thought that is important not only for the light it sheds on Locke, but also for the questions it raises about liberalism and rights-based theories of politics. Sensitive to the range of interpretative and political issues that Locke's work raises, McClure's analysis is impressive for its balance and subtlety, and for her command of the enormous literature on Locke. Between the Restoration and the Glorious Revolution, between Two Tracts on Government of 1660 and Two Treatises on Government of 1690, Locke subjected the idea of civil power to increasing scrutiny. In one generation, he moved from supporting order for its own sake to defending resistance, and ended with a profoundly modern epistemology. McClure suggests that Locke's concepts of government by consent, equality, rights, and the rule of law were embedded in his theistic cosmology. While Locke may well have been a constitutionalist, his theoretical concerns were far broader than any legal or constitutional interpretation of his work might suggest. To make this claim, she explains, is to deny neither the significance of "rights" nor the importance of institutions and consent in Locke's theoretical production. Rather, it is to insist that such themes are merely parts of a more comprehensive theoretical project, the focus of which, bluntly stated in the Second Treatise, was "to understand Political Power right."

Judging on a Collegial Court

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Publisher : University of Virginia Press
ISBN 13 : 9780813926971
Total Pages : 172 pages
Book Rating : 4.9/5 (269 download)

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Book Synopsis Judging on a Collegial Court by : Virginia A. Hettinger

Download or read book Judging on a Collegial Court written by Virginia A. Hettinger and published by University of Virginia Press. This book was released on 2006 with total page 172 pages. Available in PDF, EPUB and Kindle. Book excerpt: Focusing on the behavioral aspects of disagreement within a panel and between the levels of the federal judicial hierarchy, the authors reveal the impact of individual attitudes or preferences on judicial decision-making, and hence on political divisions in the broader society.

Judging War, Judging History

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Publisher :
ISBN 13 :
Total Pages : 248 pages
Book Rating : 4.F/5 ( download)

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Book Synopsis Judging War, Judging History by : Pierre Hazan

Download or read book Judging War, Judging History written by Pierre Hazan and published by . This book was released on 2010 with total page 248 pages. Available in PDF, EPUB and Kindle. Book excerpt: "Pierre Hazan, in a brilliant and erudite book beautifully written, analyzes the fascinating account of the judicial and cultural revolution that started after the end of the Cold War."---Le Monde Diplomatique --

Judging Inequality

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Publisher : Russell Sage Foundation
ISBN 13 : 161044907X
Total Pages : 379 pages
Book Rating : 4.6/5 (14 download)

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Book Synopsis Judging Inequality by : James L. Gibson

Download or read book Judging Inequality written by James L. Gibson and published by Russell Sage Foundation. This book was released on 2021-08-31 with total page 379 pages. Available in PDF, EPUB and Kindle. Book excerpt: Social scientists have convincingly documented soaring levels of political, legal, economic, and social inequality in the United States. Missing from this picture of rampant inequality, however, is any attention to the significant role of state law and courts in establishing policies that either ameliorate or exacerbate inequality. In Judging Inequality, political scientists James L. Gibson and Michael J. Nelson demonstrate the influential role of the fifty state supreme courts in shaping the widespread inequalities that define America today, focusing on court-made public policy on issues ranging from educational equity and adequacy to LGBT rights to access to justice to worker’s rights. Drawing on an analysis of an original database of nearly 6,000 decisions made by over 900 judges on 50 state supreme courts over a quarter century, Judging Inequality documents two ways that state high courts have crafted policies relevant to inequality: through substantive policy decisions that fail to advance equality and by rulings favoring more privileged litigants (typically known as “upperdogs”). The authors discover that whether court-sanctioned policies lead to greater or lesser inequality depends on the ideologies of the justices serving on these high benches, the policy preferences of their constituents (the people of their state), and the institutional structures that determine who becomes a judge as well as who decides whether those individuals remain in office. Gibson and Nelson decisively reject the conventional theory that state supreme courts tend to protect underdog litigants from the wrath of majorities. Instead, the authors demonstrate that the ideological compositions of state supreme courts most often mirror the dominant political coalition in their state at a given point in time. As a result, state supreme courts are unlikely to stand as an independent force against the rise of inequality in the United States, instead making decisions compatible with the preferences of political elites already in power. At least at the state high court level, the myth of judicial independence truly is a myth. Judging Inequality offers a comprehensive examination of the powerful role that state supreme courts play in shaping public policies pertinent to inequality. This volume is a landmark contribution to scholarly work on the intersection of American jurisprudence and inequality, one that essentially rewrites the “conventional wisdom” on the role of courts in America’s democracy.

Judging Statutes

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Publisher : Oxford University Press
ISBN 13 : 0199362149
Total Pages : 184 pages
Book Rating : 4.1/5 (993 download)

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Book Synopsis Judging Statutes by : Robert A. Katzmann

Download or read book Judging Statutes written by Robert A. Katzmann and published by Oxford University Press. This book was released on 2014-08-14 with total page 184 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Good Judgment

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Publisher : University of Toronto Press
ISBN 13 : 1487517009
Total Pages : 351 pages
Book Rating : 4.4/5 (875 download)

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Book Synopsis Good Judgment by : Robert J. Sharpe

Download or read book Good Judgment written by Robert J. Sharpe and published by University of Toronto Press. This book was released on 2018-10-11 with total page 351 pages. Available in PDF, EPUB and Kindle. Book excerpt: Good Judgment, based upon the author's experience as a lawyer, law professor, and judge, explores the role of the judge and the art of judging. Engaging with the American, English, and Commonwealth literature on the role of the judge in the common law tradition, Good Judgment addresses the following questions: What exactly do judges do? What is properly within their role and what falls outside? How do judges approach their decision-making task? In an attempt to explain and reconcile two fundamental features of judging, namely judicial choice and judicial discipline, this book explores the nature and extent of judicial choice in the common law legal tradition and the structural features of that tradition that control and constrain that element of choice. As Sharpe explains, the law does not always provide clear answers, and judges are often left with difficult choices to make, but the power of judicial choice is disciplined and constrained and judges are not free to decide cases according to their own personal sense of justice. Although Good Judgment is accessibly written to appeal to the non-specialist reader with an interest in the judicial process, it also tackles fundamental issues about the nature of law and the role of the judge and will be of particular interest to lawyers, judges, law students, and legal academics.

Judging Democracy

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Publisher : University of Toronto Press
ISBN 13 : 9781551117027
Total Pages : 160 pages
Book Rating : 4.1/5 (17 download)

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Book Synopsis Judging Democracy by : Christopher P. Manfredi

Download or read book Judging Democracy written by Christopher P. Manfredi and published by University of Toronto Press. This book was released on 2008-01-01 with total page 160 pages. Available in PDF, EPUB and Kindle. Book excerpt: "This is an important, concise, and well-written book that provides readers with bold insights into the converging patterns of jurisprudence in the field of election law in Canada and the United States." - Cynthia Ostberg, University of the Pacific

Judging School Discipline

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Publisher : Harvard University Press
ISBN 13 : 0674020294
Total Pages : 336 pages
Book Rating : 4.6/5 (74 download)

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Book Synopsis Judging School Discipline by : Richard. ARUM

Download or read book Judging School Discipline written by Richard. ARUM and published by Harvard University Press. This book was released on 2009-06-30 with total page 336 pages. Available in PDF, EPUB and Kindle. Book excerpt: Reprimand a class comic, restrain a bully, dismiss a student for brazen attire--and you may be facing a lawsuit, costly regardless of the result. This reality for today's teachers and administrators has made the issue of school discipline more difficult than ever before--and public education thus more precarious. This is the troubling message delivered in Judging School Discipline, a powerfully reasoned account of how decades of mostly well-intended litigation have eroded the moral authority of teachers and principals and degraded the quality of American education. Judging School Discipline casts a backward glance at the roots of this dilemma to show how a laudable concern for civil liberties forty years ago has resulted in oppressive abnegation of adult responsibility now. In a rigorous analysis enriched by vivid descriptions of individual cases, the book explores 1,200 cases in which a school's right to control students was contested. Richard Arum and his colleagues also examine several decades of data on schools to show striking and widespread relationships among court leanings, disciplinary practices, and student outcomes; they argue that the threat of lawsuits restrains teachers and administrators from taking control of disorderly and even dangerous situations in ways the public would support. Table of Contents: Preface 1. Questioning School Authority 2. Student Rights versus School Rules With Irenee R. Beattie 3. How Judges Rule With Irenee R. Beattie 4. From the Bench to the Paddle With Richard Pitt and Jennifer Thompson 5. School Discipline and Youth Socialization With Sandra Way 6. Restoring Moral Authority in American Schools Appendix: Tables Notes Index Reviews of this book: This interesting study casts a critical eye on the American legal system, which [Arum] sees as having undermined the ability of teachers and administrators to socialize teenagers...Arum, it must be pointed out, is adamantly opposed to such measures as zero tolerance, which, he insists, often results in unfair and excessive punishment. What he wisely calls for is not authoritarianism, but for school folks to regain a sense of moral authority so that they can act decisively in matters of school discipline without having to look over their shoulders. --David Ruenzel, Teacher Magazine Reviews of this book: Arum's book should be compulsory reading for the legal profession; they need to recognise the long-term effects of their judgments on the climate of schools and the way in which judgments in favour of individual rights can reduce the moral authority of schools in disciplining errant students. But the author is no copybook conservative, and he is as critical of the Right's get-tough, zero-tolerance authoritarianism as he is of what he eloquently describes as the 'marshmallow effect' of liberal reformers, pushing the rules to their limits and tolerating increased misconduct. --John Dunford, Times Educational Supplement [UK] Reviews of this book: [Arum] argues that discipline is often ineffective because schools' legitimacy and moral authority have been eroded. He holds the courts responsible, because they have challenged schools' legal and moral authority, supporting this claim by examining over 6,200 state and federal appellate court decisions from 1960 to 1992. In describing the structure of these decisions, Arum provides interesting insights into school disciplinary practices and the law. --P. M. Socoski, Choice Reviews of this book: Arum's careful analysis of school discipline becomes so focused and revealing that the ideological boundaries of the debate seem almost to have been suspended. The result is a rich and original book, bold, important, useful, and--as this combination of attributes might suggest--surprising...Many years in the making, Judging School Discipline weds historical, theoretical, and statistical research within the problem-solving stance of a teacher working to piece together solutions in the interest of his students. The result is a book that promises to shape research as well as practice through its demonstration that students are liberated, as well as oppressed, by school discipline. --Steven L. VanderStaay, Urban Education Reviews of this book: [Arum's] break with education-school dogma on student rights is powerful and goes far toward explaining why so many teachers dread their students--when they are not actually fighting them off. --Heather MacDonald, Wall Street Journal

Judging Me

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Author :
Publisher : CreateSpace
ISBN 13 : 9781489593375
Total Pages : 180 pages
Book Rating : 4.5/5 (933 download)

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Book Synopsis Judging Me by : Mary Elizabeth Bullock

Download or read book Judging Me written by Mary Elizabeth Bullock and published by CreateSpace. This book was released on 2013-12 with total page 180 pages. Available in PDF, EPUB and Kindle. Book excerpt: This inspiring memoir describes a hard-won life of achievement. In the face of overwhelming adversity, Mary Elizabeth Bullock makes her name as an experienced trial litigator, a respected business law professor, and a federal civil rights judge. She finds brilliant success in spite of being blind, and being diagnosed with multiple sclerosis and systemic lupus, and despite having enduring a childhood poisoned by unspeakable abuse. Her book offers hope and motivation to others who have been cruelly betrayed by those who should have been their protectors. It holds knowledge that can help heal adults damaged by sexually abusive childhoods, and it offers understanding and support to those who love them. When she was a helpless child, Bullock's father sexually abused her for ten plus years, She was beaten, tortured, sold into sex slavery and molested in physically and psychologically unbearable ways. Perhaps worst of all, he taught her to believe that the evil he did to her was her own fault. Bullock chose to finally tell her story in the hope that others might see that they are not alone, that their stories of abuse do not have the last word. Child sexual abuse is frighteningly common. Nevertheless, the realities of child abuse are often denied by people who cannot bear to believe that it exists. Some of those abused as children grow up to disbelieve their own stories, or to minimize the damage their brutal past has done them. As a child, Bullock suffered horrific abuse, alone and without support. As a young woman, she was drive to succeed, in spite of what was done to her. She invented a different public personality for herself, once she was able to escape. Outwardly, she donned the armor of achievement and success by garnering high academic honors and rising to a position of power and influence. Taking full advantage of the scholarships she won, in spite of her chaotic home life, she earned the necessary education to advance her out of the degrading life she grew up in. As an adult, she began a legal career that allowed her to help the disenfranchised, disillusioned and dispossessed. But even after achieving a life that would make anyone proud, under her polished and professional exterior, Bullock was always uncertain, and aware of the past that relentlessly pursued her. Time after time she found herself in negative relationships, never understanding why she was continuously drawn to shattered men, childishly selfish men, and men who hated women as they tried to love them. Through years of seeking, she gained understanding of herself and of others like her. At last, finding her own peace, she made truce with her unforgotten past and gained the necessary self-esteem needed to build genuine relationships. Mary Elizabeth Bullock thanks God for saving her from a life of despair. She hopes, with this heartfelt memoir, to share her experience and hard-won knowledge that healing is possible, and that a life worth living is attainable. In this memoir, she proves that the human spirit can triumph over the longest odds.

Model Code of Judicial Conduct

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Author :
Publisher : American Bar Association
ISBN 13 : 9781590318393
Total Pages : 212 pages
Book Rating : 4.3/5 (183 download)

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Book Synopsis Model Code of Judicial Conduct by : American Bar Association

Download or read book Model Code of Judicial Conduct written by American Bar Association and published by American Bar Association. This book was released on 2007 with total page 212 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Collective Judging in Comparative Perspective

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Publisher :
ISBN 13 : 9781780686240
Total Pages : 0 pages
Book Rating : 4.6/5 (862 download)

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Book Synopsis Collective Judging in Comparative Perspective by : Birke Häcker

Download or read book Collective Judging in Comparative Perspective written by Birke Häcker and published by . This book was released on 2020 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book focuses on the decision-making processes in modern collegiate courts. Judges from some of the world s highest and most significant judicial bodies, both national and supranational, share their experiences and reflect on the challenges to which their joint judicial endeavour gives rise.

Judging the Judges

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Publisher : Eisenbrauns
ISBN 13 : 9781575067247
Total Pages : 264 pages
Book Rating : 4.0/5 (672 download)

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Book Synopsis Judging the Judges by : Mary L. Conway

Download or read book Judging the Judges written by Mary L. Conway and published by Eisenbrauns. This book was released on 2019-11-08 with total page 264 pages. Available in PDF, EPUB and Kindle. Book excerpt: The book of Judges is full of characters of ambivalent moral integrity and acts of dubious propriety, such as Jael's murder of Sisera and the sacrifice of Jephthah's daughter. And yet the terse narrative and the reticent narrator frequently leave the ethical character of these actions in doubt. In order to avoid reading contemporary worldviews and ethics into this ancient text, Mary L. Conway applies a blend of narrative and functional linguistic theories to her analysis of the stories of the six major judges in an effort to more accurately identify the unifying ideological stance of the book. Using an interdisciplinary approach that employs the concepts of narrative perspective alongside appraisal theory, Conway evaluates the judges within their historical context in order to determine whether their actions are normative or aberrant. The lexicogrammatical and ideational evidence produced by this methodology reveals contrasts and trajectories within and across the narratives that, Conway argues, give insight into the character and actions of the Israelites and YHWH and the relationship between the Israelite people and their God. In this trailblazing study, Conway models a new approach to biblical interpretation that lays bare the ethics of the book of Judges. This study will be of interest to biblical studies scholars, in particular Old Testament scholars, as well as seminary students and pastors.

Naming Evil, Judging Evil

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Author :
Publisher : University of Chicago Press
ISBN 13 : 0226306747
Total Pages : 247 pages
Book Rating : 4.2/5 (263 download)

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Book Synopsis Naming Evil, Judging Evil by : Ruth W. Grant

Download or read book Naming Evil, Judging Evil written by Ruth W. Grant and published by University of Chicago Press. This book was released on 2008-09-15 with total page 247 pages. Available in PDF, EPUB and Kindle. Book excerpt: Is it more dangerous to call something evil or not to? This fundamental question deeply divides those who fear that the term oversimplifies grave problems and those who worry that, to effectively address such issues as terrorism and genocide, we must first acknowledge them as evil. Recognizing that the way we approach this dilemma can significantly affect both the harm we suffer and the suffering we inflict, a distinguished group of contributors engages in the debate with this series of timely and original essays. Drawing on Western conceptions of evil from the Middle Ages to the present, these pieces demonstrate that, while it may not be possible to definitively settle moral questions, we are still able—and in fact are obligated—to make moral arguments and judgments. Using a wide variety of approaches, the authors raise tough questions: Why is so much evil perpetrated in the name of good? Could evil ever be eradicated? How can liberal democratic politics help us strike a balance between the need to pass judgment and the need to remain tolerant? Their insightful answers exemplify how the sometimes rarefied worlds of political theory, philosophy, theology, and history can illuminate pressing contemporary concerns.