Browse Results

Showing 2,776 through 2,800 of 56,059 results

Living Originalism

by Jack M. Balkin

Originalism and living constitutionalism, so often understood to be diametrically opposing views of our nation’s founding document, are not in conflict—they are compatible. So argues Jack Balkin, one of the leading constitutional scholars of our time, in this long-awaited book. Step by step, Balkin gracefully outlines a constitutional theory that demonstrates why modern conceptions of civil rights and civil liberties, and the modern state’s protection of national security, health, safety, and the environment, are fully consistent with the Constitution’s original meaning. And he shows how both liberals and conservatives, working through political parties and social movements, play important roles in the ongoing project of constitutional construction. By making firm rules but also deliberately incorporating flexible standards and abstract principles, the Constitution’s authors constructed a framework for politics on which later generations could build. Americans have taken up this task, producing institutions and doctrines that flesh out the Constitution’s text and principles. Balkin’s analysis offers a way past the angry polemics of our era, a deepened understanding of the Constitution that is at once originalist and living constitutionalist, and a vision that allows all Americans to reclaim the Constitution as their own.

Memory and Authority: The Uses of History in Constitutional Interpretation (Yale Law Library Series in Legal History and Reference)

by Jack M. Balkin

From one of the nation’s preeminent constitutional scholars, a sweeping rethinking of the uses of history in constitutional interpretation Fights over history are at the heart of most important constitutional disputes in America. The Supreme Court’s current embrace of originalism is only the most recent example of how lawyers and judges try to use history to establish authority for their positions. Jack M. Balkin argues that fights over constitutional interpretation are often fights over collective memory. Lawyers and judges construct—and erase—memory to lend authority to their present-day views; they make the past speak their values so they can then claim to follow it. The seemingly opposed camps of originalism and living constitutionalism are actually mirror images of a single phenomenon: how lawyers use history to adapt an ancient constitution to a constantly changing world. Balkin shows how lawyers and judges channel history through standard forms of legal argument that shape how they use history and even what they see in history. He explains how lawyers and judges invoke history selectively to construct authority for their claims and undermine the authority of opposing views. And he elucidates the perpetual quarrel between historians and lawyers, showing how the two can best join issue in legal disputes. This book is a sweeping rethinking of the uses of history in constitutional interpretation.

What Obergefell v. Hodges Should Have Said: The Nation's Top Legal Experts Rewrite America's Same-Sex Marriage Decision

by Jack M. Balkin

Rewriting the Supreme Court’s landmark gay rights decision Jack Balkin and an all-star cast of legal scholars, sitting as a hypothetical Supreme Court, rewrite the famous 2015 opinion in Obergefell v. Hodges, which guaranteed same-sex couples the right to marry. In eleven incisive opinions, the authors offer the best constitutional arguments for and against the right to same-sex marriage, and debate what Obergefell should mean for the future. In addition to serving as Chief Justice of this imaginary court, Balkin provides a critical introduction to the case. He recounts the story of the gay rights litigation that led to Obergefell, and he explains how courts respond to political mobilizations for new rights claims. The social movement for gay rights and marriage equality is a powerful example of how—through legal imagination and political struggle—arguments once dismissed as “off-the-wall” can later become established in American constitutional law.

The Cadaver King and the Country Dentist: A True Story of Injustice in the American South

by Radley Balko Tucker Carrington

A shocking and deeply reported account of the persistent plague of institutional racism and junk forensic science in our criminal justice system, and its devastating effect on innocent livesAfter two three-year-old girls were raped and murdered in rural Mississippi, law enforcement pursued and convicted two innocent men: Kennedy Brewer and Levon Brooks. Together they spent a combined thirty years in prison before finally being exonerated in 2008. Meanwhile, the real killer remained free.The Cadaver King and the Country Dentist recounts the story of how the criminal justice system allowed this to happen, and of how two men, Dr. Steven Hayne and Dr. Michael West, built successful careers on the back of that structure. For nearly two decades, Hayne, a medical examiner, performed the vast majority of Mississippi's autopsies, while his friend Dr. West, a local dentist, pitched himself as a forensic jack-of-all-trades. Together they became the go-to experts for prosecutors and helped put countless Mississippians in prison. But then some of those convictions began to fall apart.Here, Radley Balko and Tucker Carrington tell the haunting story of how the courts and Mississippi's death investigation system--a relic of the Jim Crow era--failed to deliver justice for its citizens. The authors argue that bad forensics, structural racism, and institutional failures are at fault, raising sobering questions about our ability and willingness to address these crucial issues.

The First Amendment and LGBT Equality: A Contentious History

by Carlos A. Ball

Carlos A. Ball argues that as progressives fight the First Amendment claims of religious conservatives and other LGBT opponents, they should take care not to forget the crucial role the First Amendment played in the early decades of the movement, and not to erode the safeguards of liberty that allowed LGBT rights to exist in the first place.

The First Amendment and LGBT Equality: A Contentious History

by Carlos A. Ball

Carlos A. Ball argues that as progressives fight the First Amendment claims of religious conservatives and other LGBT opponents, they should take care not to forget the crucial role the First Amendment played in the early decades of the movement, and not to erode the safeguards of liberty that allowed LGBT rights to exist in the first place.

Principles Matter: The Constitution, Progressives, and the Trump Era

by Carlos A. Ball

Progressives who opposed the Trump administration's policies found themselves repeatedly relying on constitutional principles grounded in federalism, separation of powers, and free speech to resist the federal government. Although many progressives had either criticized or underemphasized those principles before Trump, the principles became vital to progressive causes after Trump was elected. Using dozens of examples from the ways in which Trump abused presidential powers, this book explains how the three sets of principles can help mitigate the harms that autocratic leaders in the Trump mold can inflict on both democratic institutions and vulnerable minorities. In doing so, the book urges progressives to follow this rule of thumb in the post-Trump era: If a constitutional principle was worth deploying to resist Trump's harmful policies and autocratic governance, then it is worth defending in the post-Trump era even if it makes the short-term attainment of progressive objectives more difficult. This type of principled constitutionalism is essential not only because being principled is good in and of itself, but also because being principled in matters related to federalism, separation of powers, and free speech will help both advance progressive causes over the long run and reduce the threats posed by future autocratic leaders in the Trump mold to our system of self-governance, to our democratic values, and to traditionally subordinated minorities. Going forward, progressives should promote and defend constitutional principles grounded in federalism, separation of powers, and free speech regardless of whether they have an ally or an opponent in the White House.

Principles Matter: The Constitution, Progressives, and the Trump Era

by Carlos A. Ball

Progressives who opposed the Trump administration's policies found themselves repeatedly relying on constitutional principles grounded in federalism, separation of powers, and free speech to resist the federal government. Although many progressives had either criticized or underemphasized those principles before Trump, the principles became vital to progressive causes after Trump was elected. Using dozens of examples from the ways in which Trump abused presidential powers, this book explains how the three sets of principles can help mitigate the harms that autocratic leaders in the Trump mold can inflict on both democratic institutions and vulnerable minorities. In doing so, the book urges progressives to follow this rule of thumb in the post-Trump era: If a constitutional principle was worth deploying to resist Trump's harmful policies and autocratic governance, then it is worth defending in the post-Trump era even if it makes the short-term attainment of progressive objectives more difficult. This type of principled constitutionalism is essential not only because being principled is good in and of itself, but also because being principled in matters related to federalism, separation of powers, and free speech will help both advance progressive causes over the long run and reduce the threats posed by future autocratic leaders in the Trump mold to our system of self-governance, to our democratic values, and to traditionally subordinated minorities. Going forward, progressives should promote and defend constitutional principles grounded in federalism, separation of powers, and free speech regardless of whether they have an ally or an opponent in the White House.

Enrichment at the Claimant's Expense: Attribution Rules in Unjust Enrichment (Hart Studies in Private Law)

by Eli Ball

This book presents an account of attribution in unjust enrichment. Attribution refers to how and when two parties – a claimant and a defendant – are relevantly connected to each other for unjust enrichment purposes. It is reflected in the familiar expression that a defendant be 'enriched at the claimant's expense'. This book presents a structured account of attribution, consisting of two requirements: first, the identification of an enrichment to the defendant and a loss to the claimant; and, secondly, the identification of a connection between that enrichment and that loss. These two requirements must be kept separate from other considerations often subsumed within the expression 'enrichment at the claimant's expense' which in truth have nothing to do with attribution, and which instead qualify unjust enrichment liability for reasons that should be analysed in their own terms. The structure of attribution so presented fits a normative account of unjust enrichment based upon each party's exchange capacities. A defendant is enriched when he receives something that he has not paid for under prevailing market conditions, while a claimant suffers a loss when he loses the opportunity to charge for something under the same conditions. A counterfactual test – asking whether enrichment and loss arise 'but for' each other – provides the best generalisation for testing whether enrichment and loss are connected, thereby satisfying the requirements of attribution in unjust enrichment.

Enrichment at the Claimant's Expense: Attribution Rules in Unjust Enrichment (Hart Studies in Private Law)

by Eli Ball

This book presents an account of attribution in unjust enrichment. Attribution refers to how and when two parties – a claimant and a defendant – are relevantly connected to each other for unjust enrichment purposes. It is reflected in the familiar expression that a defendant be 'enriched at the claimant's expense'. This book presents a structured account of attribution, consisting of two requirements: first, the identification of an enrichment to the defendant and a loss to the claimant; and, secondly, the identification of a connection between that enrichment and that loss. These two requirements must be kept separate from other considerations often subsumed within the expression 'enrichment at the claimant's expense' which in truth have nothing to do with attribution, and which instead qualify unjust enrichment liability for reasons that should be analysed in their own terms. The structure of attribution so presented fits a normative account of unjust enrichment based upon each party's exchange capacities. A defendant is enriched when he receives something that he has not paid for under prevailing market conditions, while a claimant suffers a loss when he loses the opportunity to charge for something under the same conditions. A counterfactual test – asking whether enrichment and loss arise 'but for' each other – provides the best generalisation for testing whether enrichment and loss are connected, thereby satisfying the requirements of attribution in unjust enrichment.

Genocide: A Reference Handbook (Contemporary World Issues)

by Howard Ball

This book presents the background and history of genocide, the key issues associated with this worldwide crime, and the problems inherent in preventing its occurrence.In 1948, the UN General Assembly adopted the Convention on the Prevention and Punishment of the Crime of Genocide (CPPCG), legally defining the crime of genocide for the first time. Amazingly, the United States did not ratify this international agreement until nearly 40 years later, when President Reagan finally signed the genocide convention bill. Attempts to enforce international law against genocide did not begin until the 1990s.Genocide: A Reference Handbook examines the antecedents of the term "genocide" in the mid-19th century and explains the current challenges of preventing or even stopping genocide, including the nation-state system and principles of state sovereignty. The author documents how crimes of genocide have continued unchecked, and asserts that a collective commitment to humanitarian intervention is the only way to address this ongoing problem.

Genocide: A Reference Handbook (Contemporary World Issues)

by Howard Ball

This book presents the background and history of genocide, the key issues associated with this worldwide crime, and the problems inherent in preventing its occurrence.In 1948, the UN General Assembly adopted the Convention on the Prevention and Punishment of the Crime of Genocide (CPPCG), legally defining the crime of genocide for the first time. Amazingly, the United States did not ratify this international agreement until nearly 40 years later, when President Reagan finally signed the genocide convention bill. Attempts to enforce international law against genocide did not begin until the 1990s.Genocide: A Reference Handbook examines the antecedents of the term "genocide" in the mid-19th century and explains the current challenges of preventing or even stopping genocide, including the nation-state system and principles of state sovereignty. The author documents how crimes of genocide have continued unchecked, and asserts that a collective commitment to humanitarian intervention is the only way to address this ongoing problem.

Hugo L. Black: Cold Steel Warrior

by Howard Ball

Hugo L. Black: Cold Steel Warrior

by Howard Ball

During his thirty-four year tenure as a Justice of the Supreme Court, Hugo L. Black demonstrated, in the words of one of his colleagues, "a true passion for the Constitution." At a moment's notice, in front of visiting students or a clutch of legal dignitaries, the Judge would whip his tattered copy of the Constitution from his coat pocket, flip through it to a particular passage and then, in a high voice, read the passage con vivace. And though Black began his political career in Alabama as the candidate of the Ku Klux Klan--with their help in 1926 he became a U.S. Senator--thirty years later, he would argue forcefully for an end to segregation in the South. In Hugo L. Black: Cold Steel Warrior, distinguished writer Howard Ball draws from Black's extensive files in the Library of Congress and on interviews with his colleagues on the Court, his law clerks, and his family to illuminate the enigmatic career of a man who became one of the twentieth century's most vigilant defenders of freedoms and liberty. Ball's examination of Black's life reveals a consummate politician who kept, in a safe beside his desk, the names, addresses, and backgrounds of all those who gave Black support from the time he ran for the county solicitor's job in Jefferson County, Alabama, through his two terms as a U.S. Senator. A fervent New Deal advocate, Black lent his support to F.D.R.'s court packing plan, and was one of the few who stood with the President until the measure's defeat in 1937. Less than one month later, F.D.R. rewarded Black by nominating him to the Supreme Court. Soon after Black's confirmation by the Senate, the story of his Klan membership spread across the nation, prompting Time magazine to write that "Hugo won't have to buy a robe, he can dye his white one black." One of Black's early opinions for the Court, however, changed most of the negative opinion about him. Writing for the majority in Chambers v. Florida, Black and his colleagues overturned charges against four African-American men unjustly accused of murder. In addition to Black's political and judicial career, Ball captures some of the great legal minds at work--Earl Warren, Thurgood Marshall, Felix Frankfurter, William O. Douglas, John M. Harlan II, and William J. Brennan--and their encounters with the tough Justice who was an immovable force when engaged in a constitutional battle. From Brown v. Board of Education and the first tests of the power of the federal courts to implement the Brown decision, to the height of McCarthyism and the national hysteria about Communism, to New York Times v. United States, the famous Pentagon Papers case in 1971 (Black's last opinion for the Court which defended a newspaper's First Amendment rights), Black emerges as a staunch defender of federalism and the primacy of the First Amendment, a strict, literal interpreter of the Constitution, and always proud to be a member of the Supreme Court. Throughout his life, Hugo Black's cockiness, sternness, and stubborn determination won him many critics. On every occasion, as Howard Ball shows, Black proved his critics wrong. He became a major presence in the Senate and one of the great Justices ever to sit on the Supreme Court.

The Right to Die: A Reference Handbook (Contemporary World Issues)

by Howard Ball

This book provides a comprehensive and contemporary examination of the right-to-die issues facing society now that vast improvements in public health care and medicine have resulted in people not only living longer but taking much longer to die—often in great pain and suffering.In 1900, the average age at which people died in America was 47 years of age; the primary causes of death were tuberculosis and other respiratory illnesses. In the 21st century, as a result of better health care and working conditions as well as advances in medical technology, we live much longer—as of 2016, about 80 years. A much larger proportion of Americans now die from chronic diseases that generally appear at an advanced age, such as heart disease, cancer, or chronic obstructive pulmonary disease (COPD). Should this fundamental change in human lifespan alter how society and government view right-to-die legislation? What are the pros and cons of giving a mentally competent person who is terminally ill and in great pain the right to end his or her life?The Right to Die: A Reference Handbook provides a complete examination of right-to-die issues in the United States that dissects the complex arguments for and against a person's liberty to receive a physician's assistance to hasten death. It covers the legal aspects and the politics of the right-to-die controversy, analyzes the battles over the right to die in state and federal courts, and supplies primary source documents that illustrate the political, medical, legal, religious, and ethical landscape of the right to die. Additionally, the book examines how members of our society typically die has changed in the past 150 years and how the practice of medicine has evolved over that time; explains why the right to die is strongly opposed by many religious groups as well as members of the medical profession; considers the "slippery slope" argument against doctor-assisted suicide; and identifies the reasons that the disabled, the poor, the elderly and infirm, and some members of ethnic, racial, and religious minority groups typically fear physician-assisted death.

The Right to Die: A Reference Handbook (Contemporary World Issues)

by Howard Ball

This book provides a comprehensive and contemporary examination of the right-to-die issues facing society now that vast improvements in public health care and medicine have resulted in people not only living longer but taking much longer to die—often in great pain and suffering.In 1900, the average age at which people died in America was 47 years of age; the primary causes of death were tuberculosis and other respiratory illnesses. In the 21st century, as a result of better health care and working conditions as well as advances in medical technology, we live much longer—as of 2016, about 80 years. A much larger proportion of Americans now die from chronic diseases that generally appear at an advanced age, such as heart disease, cancer, or chronic obstructive pulmonary disease (COPD). Should this fundamental change in human lifespan alter how society and government view right-to-die legislation? What are the pros and cons of giving a mentally competent person who is terminally ill and in great pain the right to end his or her life?The Right to Die: A Reference Handbook provides a complete examination of right-to-die issues in the United States that dissects the complex arguments for and against a person's liberty to receive a physician's assistance to hasten death. It covers the legal aspects and the politics of the right-to-die controversy, analyzes the battles over the right to die in state and federal courts, and supplies primary source documents that illustrate the political, medical, legal, religious, and ethical landscape of the right to die. Additionally, the book examines how members of our society typically die has changed in the past 150 years and how the practice of medicine has evolved over that time; explains why the right to die is strongly opposed by many religious groups as well as members of the medical profession; considers the "slippery slope" argument against doctor-assisted suicide; and identifies the reasons that the disabled, the poor, the elderly and infirm, and some members of ethnic, racial, and religious minority groups typically fear physician-assisted death.

The System: Who Owns the Internet, and How It Owns Us

by James Ball

'A fascinating exposé of the world behind your screen. Timely, often disturbing, and so important' Caroline Criado Perez, author of Invisible Women'Takes us beyond Zuckerberg, Bezos et al to a murkier world where we discover how everything online works and who benefits from it. Fascinating, engaging and important' Observer'Could not be more timely' SpectatorThe internet is a network of physical cables and connections, a web of wires enmeshing the world, linking huge data centres to one another and eventually to us. All are owned by someone, financed by someone, regulated by someone. We refer to the internet as abstract from reality. By doing so, we obscure where the real power lies.In this powerful and necessary book, James Ball sets out on a global journey into the inner workings of the system. From the computer scientists to the cable guys, the billionaire investors to the ad men, the intelligence agencies to the regulators, these are the real-life figures powering the internet and pulling the strings of our society.Ball brilliantly shows how an invention once hailed as a democratising force has concentrated power in places it already existed – that the system, in other words, remains the same as it did before.

How to Grow a Human: Adventures In How We Are Made And Who We Are

by Philip Ball

A cutting-edge examination of what it means to be human and to have a 'self' in the face of new scientific developments in genetic editing, cloning and neural downloading.

The Legitimacy of The European Union through Legal Rationality: Free Movement of Third Country Nationals (Routledge Research in EU Law)

by Richard Ball

Third country nationals (TCNs) play an important part in the economy of the European Union, reflected in the rights granted to them under European Union Law. Political expediency is however shaped by world, regional and domestic influences that in turn determine policy towards third country nationals and their legal rights to freedom of movement. This book examines the concept of political legitimacy within the European Union through the principles of legal rationality, focusing in particular on the European Union’s policy towards third country nationals. Richard Ball argues that for legal doctrine to be rational it must display the requirements of formal, instrumental and substantive rationality, each mutually exclusive and essential. In taking this position of legal rationality, the book focuses on free movement rights of TCNs within EU treaties and implementing legislation, the Area of Freedom Security and Justice, and Association Agreements. Ball concludes that the stance of European Union Law towards third country nationals lacks legitimacy, and suggests possible new directions that EU policy should take in the future.

The Legitimacy of The European Union through Legal Rationality: Free Movement of Third Country Nationals (Routledge Research in EU Law)

by Richard Ball

Third country nationals (TCNs) play an important part in the economy of the European Union, reflected in the rights granted to them under European Union Law. Political expediency is however shaped by world, regional and domestic influences that in turn determine policy towards third country nationals and their legal rights to freedom of movement. This book examines the concept of political legitimacy within the European Union through the principles of legal rationality, focusing in particular on the European Union’s policy towards third country nationals. Richard Ball argues that for legal doctrine to be rational it must display the requirements of formal, instrumental and substantive rationality, each mutually exclusive and essential. In taking this position of legal rationality, the book focuses on free movement rights of TCNs within EU treaties and implementing legislation, the Area of Freedom Security and Justice, and Association Agreements. Ball concludes that the stance of European Union Law towards third country nationals lacks legitimacy, and suggests possible new directions that EU policy should take in the future.

Accidental Feminism: Gender Parity and Selective Mobility among India’s Professional Elite

by Swethaa S. Ballakrishnen

Exploring the unintentional production of seemingly feminist outcomes In India, elite law firms offer a surprising oasis for women within a hostile, predominantly male industry. Less than 10 percent of the country’s lawyers are female, but women in the most prestigious firms are significantly represented both at entry and partnership. Elite workspaces are notorious for being unfriendly to new actors, so what allows for aberration in certain workspaces?Drawing from observations and interviews with more than 130 elite professionals, Accidental Feminism examines how a range of underlying mechanisms—gendered socialization and essentialism, family structures and dynamics, and firm and regulatory histories—afford certain professionals egalitarian outcomes that are not available to their local and global peers. Juxtaposing findings on the legal profession with those on elite consulting firms, Swethaa Ballakrishnen reveals that parity arises not from a commitment to create feminist organizations, but from structural factors that incidentally come together to do gender differently. Simultaneously, their research offers notes of caution: while conditional convergence may create equality in ways that more targeted endeavors fail to achieve, “accidental” developments are hard to replicate, and are, in this case, buttressed by embedded inequalities. Ballakrishnen examines whether gender parity produced without institutional sanction should still be considered feminist.In offering new ways to think about equality movements and outcomes, Accidental Feminism forces readers to critically consider the work of intention in progress narratives.

Invisible Institutionalisms: Collective Reflections on the Shadows of Legal Globalisation

by Swethaa S Ballakrishnen

Taking its cue from theoretical and ideological calls to challenge globalisation as a dynamic of homogenisation – and resistance – as led from, and directed against, the Global North, this volume asks: what can we see when we shift the lens beyond a North–South binary?Based on empirical studies of 'frontier-zones' of legal globalisation in India, Pakistan and Latin America, the book adopts an original format. Framed as a relational dialogue between newer as well as more prominent scholars within the field, from various cores through to postcolonial academic peripheries, it questions structural variables in the shadows of legal globalisation and how we as scholars build a space for critique.

Law, Normative Pluralism, and Post-Disaster Recovery: Evaluating the Post-Disaster Relocation and Housing Project of Typhoon Ketsana Victims in the Philippines

by Vivencio O. Ballano

This book looks at how the multiplicity of formal and informal normative systems that actualize the post-disaster recovery goals of the country’s Disaster Risk Reduction and Management Act of 2010 has resulted in the inadequate housing and relocation of Typhoon Ketsana victims in the Philippines. Using the sociological and normative pluralist perspectives and the case study method, it evaluates the level of conformity of the components of the housing project according to international conventions and legal standards. It highlights the negative unintended consequences caused by the complex normative regimes of various competing stakeholders, rigid real estate regulation, and the unscrupulous involvement of powerful and ‘corrupt’ real estate developers and housing groups as largely contributing to the project’s deviation from the law’s proactive objectives. This book attempts to promote the socio-legal perspectives which have long been overlooked in disaster research. Finally, it invites policymakers to enact a comprehensive disaster law and create a one-stop disaster management agency to improve the long-term rehabilitation of disaster victims in developing countries such as the Philippines.

Sociological Perspectives on Media Piracy in the Philippines and Vietnam

by Vivencio O. Ballano

This book addresses the persistence of the optical media piracy trade in the Philippines and Vietnam. It goes beyond arguments of defective law enforcement and copyright legal systems by applying sociological perspectives to examine the socio-economic forces behind the advent of piracy in the region. Using documentary and ethnographic data, in addition to resistance and ecological theories in sociology of law and technology as the overall theoretical framework, the book investigates factors that contribute to this phenomenon and factors that impede the full formalization of the optical media trade in the two countries. These factors include the government’s attitude towards the informal sector and strong resistance to tougher IPR protection, unstable and sometimes conflicting policies on technologies, burdensome business registration process and weak enforcement of business regulations, bureaucratic corruption and loopholes in law enforcement system as well as trade ties with China. In addition to that, the book highlights the social background of the actors behind the illegal business of counterfeit CDs and DVDs, thereby explaining the reasons they continue to persist in this type of trade. It invites policymakers, law enforcers, advocates of anti-piracy groups, and the general public to use a more holistic lens in understanding the persistence of copyright piracy in developing countries, shifting the blame from the moral defect of the traders to the current problematic copyright policy and enforcement structure, and the difficulty of crafting effective anti-piracy measures in a constantly evolving and advancing technological environment.

A Sociotheological Approach to Catholic Social Teaching: The Role of Religion in Moral Responsibility During COVID-19

by Vivencio O. Ballano

This book introduces Catholic social teaching (CST) and its teaching on the common good to the reader and applies them in the realm of public health to critically analyze the major global issues of COVID-19 that undermine public interest. It uses the sociotheological approach that​ combines the moral principles of CST and the holistic analysis of modern sociology and also utilizes the secondary literature as the main source of textual data. Specifically, it investigates the corporate moral irresponsibility and some unethical business practices of Big Pharma in the sale and distribution of its anti-COVID vaccines and medicines, the injustice in the inequitable global vaccine distribution, the weakening of the United States Congress’s legislative regulation against the pharmaceutical industry’s overpricing and profiteering, the inadequacy of the World Health Organization’s (WHO) law enforcement system against corruption, and the lack of social monitoring in the current public health surveillance system to safeguard the public good from corporate fraud and white-collar crime. This book highlights the contribution of sociology in providing the empirical foundation of CST’s moral analysis and in crafting appropriate Catholic social action during the pandemic. It is hoped that through this book, secular scholars, social scientists, religious leaders, moral theologians, religious educators, and Catholic lay leaders would be more appreciative of the sociotheological approach to understanding religion and COVID-19. “This book brings into dialogue two bodies of literature: documents of Catholic social teaching, and modern sociology and its core thinkers and texts...The author does especially well to describe how taking ‘the sociotheological turn’...will benefit the credibility and dissemination of Catholic social thought.”- Rev. Fr. Thomas Massaro, S.J., Professor of Moral Theology, Jesuit School of Theology, Santa Clara University, Berkeley, California.

Refine Search

Showing 2,776 through 2,800 of 56,059 results