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Journalistik: Theorie und Praxis aktueller Medienkommunikation. Band 1: Mediensysteme, Medienethik, Medieninstitutionen
by Siegfried WeischenbergIn dem insgesamt dreibändigen Lehrbuch wird erstmals der Versuch gemacht, das Fach als (kommunikations-)wissenschaftlichen Lehr- und Forschungsbereich zu identifizieren, seine Gegenstände zu analysieren und das bereitgestellte Wissen zu kanalisieren. Dies geschieht auf der Grundlage einer Systematik, die zu einer breiten Einführung in Konzepte und Probleme aktueller Medienkommunikation führt. Im Zentrum stehen die Bedingungen, welche Mediensysteme für journalistisches Handeln schaffen, Probleme und Perspektiven einer Medienethik sowie ökonomische und organisatorische Zwänge in Medieninstitutionen. Kommunikationstheorie wird dabei - u. a. durch Wiedergabe und Diskussion relevanter Texte - auf Kommunikationspraxis bezogen. "(...) Es ist ein Lehrbuch der besseren Art: keine Dogmatik, sondern eine kluge Erörterung der drei Bereiche: Rahmenbedingungen der Medien, Medienethik und Medienorganisation. Verschiedene Denktraditionen und Positionen werden knapp beschrieben und sinnfällig diskutiert. Insbesondere die von den Journalisten gern übergangene Frage nach der Legitimation ihres Tuns, also nach Medienethik, wird profund und allgemeinverständlich abgehandelt: Für Journalisten ein Buch zum Weiterdenken." sage & schreibe 1/1992 "(...) Das Buch zeichnet sich aus durch eine breite Perspektive auf Geschichte und Gesellschaft, ohne deshalb die pragmatischen Aspekte aus den Augen zu verlieren. Mit anderen Worten: Es hält die Balance zwischen der Einführung in eine wissenschaftliche Disziplin (die noch Probleme mit ihrer Selbstdefinition und ihrer Abgrenz
The Journalist's Guide to American Law
by John T. NocklebyThis easy-to-use guidebook offers an overview of American law that should find a place on the desk of any journalism student or professional journalist. The Journalist’s Guide to American Law provides an overview of major legal principles and issues in practical terms for journalists covering any aspect of the legal system. The book’s organization captures both the bird’s-eye view of the subject and offers an easy reference guide when the professional needs to understand a distinct legal concept. The areas covered range from professional concerns such as the First Amendment, cameras in the courtroom, Sunshine laws, and access to government documents to general legal matters such as the institutions of law and the lawmaking function of the judiciary, core constitutional principles such as separation of powers and judicial review, and the day-to-day functioning of courts. Equally at home on the desk of the general assignment reporter or the legal correspondent, as well as their producers and editors, the book equips the journalist with the knowledge required to translate complex legal notions into plain English.
The Journalist's Guide to American Law
by John T. Nockleby Laurie L. Levenson Karl M. Manheim F. Jay Dougherty Victor J. Gold Allan Ides Daniel W. MartinThis easy-to-use guidebook offers an overview of American law that should find a place on the desk of any journalism student or professional journalist. The Journalist’s Guide to American Law provides an overview of major legal principles and issues in practical terms for journalists covering any aspect of the legal system. The book’s organization captures both the bird’s-eye view of the subject and offers an easy reference guide when the professional needs to understand a distinct legal concept. The areas covered range from professional concerns such as the First Amendment, cameras in the courtroom, Sunshine laws, and access to government documents to general legal matters such as the institutions of law and the lawmaking function of the judiciary, core constitutional principles such as separation of powers and judicial review, and the day-to-day functioning of courts. Equally at home on the desk of the general assignment reporter or the legal correspondent, as well as their producers and editors, the book equips the journalist with the knowledge required to translate complex legal notions into plain English.
The Journalist's Guide to Media Law: A handbook for communicators in a digital world
by Mark Polden Mark PearsonWe are all journalists and publishers now: at the touch of a button we can send our words, sounds and images out to the world. No matter whether you're a traditional journalist, a blogger, a public relations practitioner or a social media editor, everything you publish or broadcast is subject to the law. But which law?This widely used practical guide to communication law is essential reading for anyone who writes or broadcasts professionally, whether in journalism or strategic communication. It offers a mindful approach to assessing media law risks so practitioners can navigate legal and ethical barriers to publishing in mainstream and social media.This sixth edition has been substantially revised to reflect recent developments in litigation, and the impact of national security laws and the rising gig economy where graduates might work in the news media, PR, new media start-ups, or as freelancers. It covers defamation, contempt, confidentiality, privacy, trespass, intellectual property, and ethical regulation, as well as the special challenges of commenting on criminal allegations and trials. Recent cases and examples from social media, journalism and public relations are used to illustrate key points and new developments. Whether you work in a news room, in public relations or marketing, or blog from home, make sure you have The Journalist's Guide to Media Law at your side.'Whether you're an MSM editor or reporter, a blogger, a tweeter or a personal brand, this book might save your bacon.' - Jonathan Holmes, former ABC Media Watch host'The leading text book from which most journos learned their law' - Margaret Simons, associate professor in journalism, Monash University
The Journalist's Guide to Media Law: A handbook for communicators in a digital world
by Mark Polden Mark PearsonWe are all journalists and publishers now: at the touch of a button we can send our words, sounds and images out to the world. No matter whether you're a traditional journalist, a blogger, a public relations practitioner or a social media editor, everything you publish or broadcast is subject to the law. But which law?This widely used practical guide to communication law is essential reading for anyone who writes or broadcasts professionally, whether in journalism or strategic communication. It offers a mindful approach to assessing media law risks so practitioners can navigate legal and ethical barriers to publishing in mainstream and social media.This sixth edition has been substantially revised to reflect recent developments in litigation, and the impact of national security laws and the rising gig economy where graduates might work in the news media, PR, new media start-ups, or as freelancers. It covers defamation, contempt, confidentiality, privacy, trespass, intellectual property, and ethical regulation, as well as the special challenges of commenting on criminal allegations and trials. Recent cases and examples from social media, journalism and public relations are used to illustrate key points and new developments. Whether you work in a news room, in public relations or marketing, or blog from home, make sure you have The Journalist's Guide to Media Law at your side.'Whether you're an MSM editor or reporter, a blogger, a tweeter or a personal brand, this book might save your bacon.' - Jonathan Holmes, former ABC Media Watch host'The leading text book from which most journos learned their law' - Margaret Simons, associate professor in journalism, Monash University
A Journey Through European and International Taxation: Liber Amicorum in Honour of Peter Essers (EUCOTAX Series on European Taxation #73)
by Carla De Pietro Cees Peters Eric KemmerenTo some extent, because of his overlapping careers in academia and politics, the renowned tax scholar Peter Essers is known for his influential insight that ‘the effects of taxation on the political balance of power, and vice versa, are always interlinked with other phenomena, such as wars, crises, religious developments and inequalities in society’. In this widely ranging festschrift, thirty-six prominent tax scholars from all across Europe examine the legacy of Peter Essers’ research interests, from the larger philosophical, political, and social factors driving tax history to the reality of the taxing State as experienced by taxpayers and tax officials. The book’s outstanding overview of the most relevant technical and policy aspects of European and international taxation includes deeply thoughtful chapters on such topics and issues as the following: developing sustainable corporate tax governance; tax whistleblowing; transfer pricing; balancing qualitative and quantitative approaches to tax research; necessity to reach something close to ‘equal treatment’ between the upper and lower social classes; consent and democracy; tax rebellions; tax evasion and tax avoidance; taxation of cross-border remote workers and their employers; mitigation of double taxation of income earned by entertainers and sportspersons; and the international tax treaty network. More than a homage to this scholar’s far-reaching contributions, this book is remarkable for the variety and academic rigour of the chapters. The understanding its authors provide of both the broad contours and the intricacies of European and international taxation will be of inestimable value to tax practitioners, policymakers, tax consultants, and academics, as well as interested researchers in economics, political science, and sociology.
Joy and Laughter in Nietzsche’s Philosophy: Alternative Liberatory Politics
by Paul E. Kirkland and Michael J. McNealAnalyzing the importance of joy, laughter, and cheerfulness in Nietzsche's thought, this volume addresses an under-examined topic in the secondary literature. By exploring disparate aspects of these interrelated emotions it provides new insights into his key ideas.The contributors-among them philosophers and political scientists-illustrate the significance of these feelings to reveal political ramifications of their affirmative potential and their broader role in Nietzsche's philosophical aims. These include how the joyful disposition Nietzsche commends informs his free spirit's self-overcoming, attempts to revalue all values, and prospects of ultimately transfiguring humanity.Among other topics, scholars assess the Übermensch and shared joy, learning to laugh at oneself, Schopenhauer's jokes, Pascal's cheerfulness, and the Dada movement's subversively playful aesthetic. By contemplating Nietzsche's emphasis on joy and laughter, the volume reveals a thinker who, far from being a caricature of hopeless nihilism, is in fact the hitherto unrecognised champion of an alternative liberatory politics.
Joy and Laughter in Nietzsche’s Philosophy: Alternative Liberatory Politics
Analyzing the importance of joy, laughter, and cheerfulness in Nietzsche's thought, this volume addresses an under-examined topic in the secondary literature. By exploring disparate aspects of these interrelated emotions it provides new insights into his key ideas.The contributors-among them philosophers and political scientists-illustrate the significance of these feelings to reveal political ramifications of their affirmative potential and their broader role in Nietzsche's philosophical aims. These include how the joyful disposition Nietzsche commends informs his free spirit's self-overcoming, attempts to revalue all values, and prospects of ultimately transfiguring humanity.Among other topics, scholars assess the Übermensch and shared joy, learning to laugh at oneself, Schopenhauer's jokes, Pascal's cheerfulness, and the Dada movement's subversively playful aesthetic. By contemplating Nietzsche's emphasis on joy and laughter, the volume reveals a thinker who, far from being a caricature of hopeless nihilism, is in fact the hitherto unrecognised champion of an alternative liberatory politics.
The Joy of Consent: A Philosophy of Good Sex
by Manon Garcia“From the bedroom to the classroom to the courtroom, ‘consent’ is a key term in our contemporary sexual ethics. In this timely reexamination, Manon Garcia deftly reveals the hidden complexities of consent and proposes how to reconceptualize it as a tool of liberation.”—Amia Srinivasan, author of The Right to SexA feminist philosopher argues that consent is not only a highly imperfect legal threshold but also an underappreciated complement of good sex.In the age of #MeToo, consent has become the ultimate answer to problems of sexual harassment and violence: as long as all parties agree to sex, the act is legitimate. Critics argue that consent, and the awkwardness of confirming it, rob sex of its sexiness. But that objection is answered with the charge that opposing the consent regime means defending a masculine erotics of silence and mystery, a pillar of patriarchy.In The Joy of Consent, French philosopher Manon Garcia upends the assumptions that underlie this very American debate, reframing consent as an ally of pleasure rather than a legalistic killjoy. In doing so, she rejects conventional wisdom on all sides. As a legal norm, consent can prove rickety: consent alone doesn’t make sex licit—adults engaged in BDSM are morally and legally suspect even when they consent. And nonconsensual sex is not, as many activists insist, always rape. People often agree to sex because it is easier than the alternative, Garcia argues, challenging the simplistic equation between consent and noncoercion.Drawing on sources rarely considered together—from Kantian ethics to kink practices—Garcia offers an alternative framework grounded in commitments to autonomy and dignity. While consent, she argues, should not be a definitive legal test, it is essential to realizing intimate desire, free from patriarchal domination. Cultivating consent makes sex sexy. By appreciating consent as the way toward an ethical sexual flourishing rather than a legal litmus test, Garcia adds a fresh voice to the struggle for freedom, equality, and security from sexist violence.
Joyce in Court
by Adrian HardimanBooks about the work of James Joyce are an academic industry. Most of them are unreadable and esoteric. Adrian Hardiman's book is both highly readable and strikingly original. He spent years researching Joyce's obsession with the legal system, and the myriad references to notorious trials in Ulysses and Finnegans Wake. Joyce was fascinated by and felt passionately about miscarriages of justice, and his view of the law was coloured by the potential for grave injustice when policemen and judges are given too much power. Hardiman recreates the colourful, dangerous world of the Edwardian courtrooms of Dublin and London, where the death penalty loomed over many trials. He brings to life the eccentric barristers, corrupt police and omnipotent judges who made the law so entertaining and so horrifying. This is a remarkable evocation of a vanished world, though Joyce's scepticism about the way evidence is used in criminal trials is still highly relevant.
Joyce’s Nietzschean Ethics
by S. SloteThe first book-length treatment of James Joyce's work through the lens of Friedrich Nietzsche's thought, Slote argues that the range of styles Joyce deploys has an ethical dimension. This intersection raises questions of epistemology, aesthetics, and the construction of the 'Modern' and will appeal to literary and philosophy scholars.
The Joyous Science
by Friedrich Nietzsche'God is dead ... but given the ways of men, perhaps for millennia to come there will be caves in which his shadow will be shown'Friedrich Nietzsche described The Joyous Science as a book of 'exuberance, restlessness, contrariety and April showers'. A deeply personal and affirmative work, it straddles his middle and late periods and contains some of the most important ideas he would ever express in writing. Moving from a critique of conventional morality, the arts and modernity to an exhilarating doctrine of self-emancipation, this playful combination of aphorisms, poetry and prose is a treasure trove of philosophical insights, brought to new life in R. Kevin Hill's clear, graceful translation. Translated and edited with an introduction and notes by R. Kevin Hill
JRD Tata and the Ethics of Philanthropy
by Sundar SarukkaiThis book introduces readers to the ethics of philanthropy, particularly in the Indian context. Drawing on JRD Tata’s philosophy and approach to business, it shows how business and philanthropy were intrinsically related for him. JRD Tata was arguably one of the most influential businessmen in post-Independence India. He was instrumental in not only expanding the Tata businesses but was also known for his impact on the conduct of business as well as his support for various national projects including research and education. He introduced key labour laws in his factories, which later became the model for the Indian government. He was also part of government institutions such as Air India. By discussing ideas such as trusteeship, the notion of profit, the relation between public and private, and social welfare, the book offers an intellectual map of JRD’s thoughts and an original perspective on their significance for an ethics of philanthropy in general. It provides new insights into the nature of ethical problems in the Indian context as well as ways to negotiate with them based on JRD’s work and reflections. It further creates a more meaningful understanding of Corporate Social Responsibility in the present global economy. Lucid and comprehensive, this book will be useful to scholars, researchers and faculty in departments of management and business studies, social work, sociology, economics and philosophy, as well as across social sciences. It will be of great interest to philanthropy organisations, non-governmental organisations, business schools, industry bodies, corporates, and those in leadership and management.
JRD Tata and the Ethics of Philanthropy
by Sundar SarukkaiThis book introduces readers to the ethics of philanthropy, particularly in the Indian context. Drawing on JRD Tata’s philosophy and approach to business, it shows how business and philanthropy were intrinsically related for him. JRD Tata was arguably one of the most influential businessmen in post-Independence India. He was instrumental in not only expanding the Tata businesses but was also known for his impact on the conduct of business as well as his support for various national projects including research and education. He introduced key labour laws in his factories, which later became the model for the Indian government. He was also part of government institutions such as Air India. By discussing ideas such as trusteeship, the notion of profit, the relation between public and private, and social welfare, the book offers an intellectual map of JRD’s thoughts and an original perspective on their significance for an ethics of philanthropy in general. It provides new insights into the nature of ethical problems in the Indian context as well as ways to negotiate with them based on JRD’s work and reflections. It further creates a more meaningful understanding of Corporate Social Responsibility in the present global economy. Lucid and comprehensive, this book will be useful to scholars, researchers and faculty in departments of management and business studies, social work, sociology, economics and philosophy, as well as across social sciences. It will be of great interest to philanthropy organisations, non-governmental organisations, business schools, industry bodies, corporates, and those in leadership and management.
Judaism, Human Rights, and Human Values
by Lenn E. GoodmanFollowing on the heels of his critically acclaimed God of Abraham (Oxford, 1996), Lenn E. Goodman here focuses on rights, their grounding in the deserts of beings, and the dignity of persons. In an incisive contemporary dialogue between reason and revelation, Goodman argues for ethical standards and public policies that respect human rights and support the preservation of all beings: animals, plants, econiches, species, habitats, and the monuments of nature and culture. Immersed in the Jewish and philosophical sources, Goodmans argument ranges from the fetus in the womb to the modern nation state, from the problems of pornography and tobacco advertising to the rights of parents and children, individuals and communities, the powerful and powerless--the most ancient and the most immediate problems of human life and moral responsibility. Guided by the probing argumentation that Goodman lays out with distinctive, often poetic clarity, the reader will emerge enlightened and prepared to respond with intelligence and commitment to the sobering moral challenges of the coming century. This is a book for anyone concerned with law, ethics, and the human prospect.
The Judas Kiss: A Play
by David HareOscar Wilde's philosophy leads him on a path to destruction. The Judas Kiss describes two pivotal moments: the day Wilde decides to stay in England and face imprisonment, and the night when the lover for whom he risked everything betrays him.With a burning sense of outrage, David Hare presents the consequences of an uncompromisingly moral position in a world defined by fear and conformity.Originally produced in the West End and on Broadway, this new edition coincides with a 2012 revival.'Superbly written... Hare has taken a history and pieced it together with heroic grace... Vastly rich, sophisticated and heartbreaking.' Time Out, New York
The Judge: 26 Machiavellian Lessons
by Ronald K.L. Collins David M. SkoverThere is no book of political strategy more canonical than Niccolò Machiavelli's The Prince, but few ethicists would advise policymakers to treat it as a bible. The lofty ideals of the law, especially, seem distant from the values that the word "Machiavellian" connotes, and judges are supposed to work above the realm of politics. In The Judge, however, Ronald Collins and David Skover argue that Machiavelli can indeed speak to judges, and model their book after The Prince. As it turns out, the number of people who think that judges in the U.S. are apolitical has been shrinking for decades. Both liberals and conservatives routinely criticize their ideological opponents on the bench for acting politically. Some authorities even posit the impossibility of apolitical judges, and indeed, in many states, judicial elections are partisan. Others advocate appointing judges who are committed to being dispassionate referees adhering to the letter of the law. However, most legal experts, regardless of their leanings, seem to agree that despite widespread popular support for the ideal of the apolitical judge, this ideal is mere fantasy. This debate about judges and politics has been a perennial in American history, but it intensified in the 1980s, when the Reagan administration sought to place originalists in the Supreme Court. It has not let up since. Ronald Collins and David Skover argue that the debate has become both stale and circular, and instead tackle the issue in a boldly imaginative way. In The Judge, they ask us to assume that judges are political, and that they need advice on how to be effective political actors. Their twenty-six chapters track the structure of The Prince, and each provides pointers to judges on how to cleverly and subtly advance their political goals. In this Machiavellian vision, law is inseparable from realpolitik. However, the authors' point isn't to advocate for this coldly realistic vision of judging. Their ultimate goal is identify both legal realists and originalists as what they are: explicitly political (though on opposite ends of the ideological spectrum). Taking its cues from Machiavelli, The Judge describes what judges actually do, not what they ought to do.
The Judge: 26 Machiavellian Lessons
by David M. Skover Ronald K.L. CollinsThere is no book of political strategy more canonical than Niccolò Machiavelli's The Prince, but few ethicists would advise policymakers to treat it as a bible. The lofty ideals of the law, especially, seem distant from the values that the word "Machiavellian" connotes, and judges are supposed to work above the realm of politics. In The Judge, however, Ronald Collins and David Skover argue that Machiavelli can indeed speak to judges, and model their book after The Prince. As it turns out, the number of people who think that judges in the U.S. are apolitical has been shrinking for decades. Both liberals and conservatives routinely criticize their ideological opponents on the bench for acting politically. Some authorities even posit the impossibility of apolitical judges, and indeed, in many states, judicial elections are partisan. Others advocate appointing judges who are committed to being dispassionate referees adhering to the letter of the law. However, most legal experts, regardless of their leanings, seem to agree that despite widespread popular support for the ideal of the apolitical judge, this ideal is mere fantasy. This debate about judges and politics has been a perennial in American history, but it intensified in the 1980s, when the Reagan administration sought to place originalists in the Supreme Court. It has not let up since. Ronald Collins and David Skover argue that the debate has become both stale and circular, and instead tackle the issue in a boldly imaginative way. In The Judge, they ask us to assume that judges are political, and that they need advice on how to be effective political actors. Their twenty-six chapters track the structure of The Prince, and each provides pointers to judges on how to cleverly and subtly advance their political goals. In this Machiavellian vision, law is inseparable from realpolitik. However, the authors' point isn't to advocate for this coldly realistic vision of judging. Their ultimate goal is identify both legal realists and originalists as what they are: explicitly political (though on opposite ends of the ideological spectrum). Taking its cues from Machiavelli, The Judge describes what judges actually do, not what they ought to do.
Judge and Jury
by James Patterson Andrew GrossAndie DeGrasse, aspiring actress and single mother, does not want to do jury service. But despite her attempts to get dismissed, she still ends up as Juror No.11 in a landmark trial against notorious Mafia Don, Dominic Cavello.Cavello, A.K.A the Electrician, is linked to hundreds of unspeakable crimes and his power knows no bounds. But Senior FBI agent Nick Pellisante has been tracking him for years and conviction is a sure thing. As the jury reaches its verdict, the Electrician makes a devastating move. The entire nation is reeling, and Andie's world is shattered. The hunt for Cavello just got personal, and she and Pellisante join together, determined to exact justice - at any cost.
The Judge and the Proportionate Use of Discretion: A Comparative Administrative Law Study (Routledge Research in EU Law)
by Sofia Ranchordás Boudewijn De WaardThis book examines different legal systems and analyses how the judge in each of them performs a meaningful review of the proportional use of discretionary powers by public bodies. Although the proportionality test is not equally deep-rooted in the literature and case-law of France, Germany, the Netherlands and the United Kingdom, this principle has assumed an increasing importance partly due to the influence of the European Court of Justice and European Court of Human Rights. In the United States, different standards of judicial review are applied to review ‘arbitrary and capricious’ agency discretion. However, do US judges achieve a similar result to the proportionality or reasonableness test? Drawing together a selection of key experts in the field, this book analyses the principle of proportionality in the judicial review of administrative decisions from different perspectives. The principle is first examined in the context of recent developments in the literature and case-law, including the inevitable EU influence, then light shall be shed on the meaning of this principle in the specific case-law of the European Court of Justice and European Court of Human Rights. Finally, the authors go on to explore the ways in which US judges consciously ‘sanction’ the ‘disproportionate’ and/or unreasonable’ use of agency discretion. In the legal systems where the proportionality test plays a very limited role, Ranchordás and de Waard also try to clarify why this is the case and look at what alternative solutions have been found. This book will be of great interest to scholars of public and administrative law, and EU law.
The Judge and the Proportionate Use of Discretion: A Comparative Administrative Law Study (Routledge Research in EU Law)
by Sofia Ranchordás Boudewijn De WaardThis book examines different legal systems and analyses how the judge in each of them performs a meaningful review of the proportional use of discretionary powers by public bodies. Although the proportionality test is not equally deep-rooted in the literature and case-law of France, Germany, the Netherlands and the United Kingdom, this principle has assumed an increasing importance partly due to the influence of the European Court of Justice and European Court of Human Rights. In the United States, different standards of judicial review are applied to review ‘arbitrary and capricious’ agency discretion. However, do US judges achieve a similar result to the proportionality or reasonableness test? Drawing together a selection of key experts in the field, this book analyses the principle of proportionality in the judicial review of administrative decisions from different perspectives. The principle is first examined in the context of recent developments in the literature and case-law, including the inevitable EU influence, then light shall be shed on the meaning of this principle in the specific case-law of the European Court of Justice and European Court of Human Rights. Finally, the authors go on to explore the ways in which US judges consciously ‘sanction’ the ‘disproportionate’ and/or unreasonable’ use of agency discretion. In the legal systems where the proportionality test plays a very limited role, Ranchordás and de Waard also try to clarify why this is the case and look at what alternative solutions have been found. This book will be of great interest to scholars of public and administrative law, and EU law.
The Judge as Political Theorist: Contemporary Constitutional Review
by David RobertsonThe Judge as Political Theorist examines opinions by constitutional courts in liberal democracies to better understand the logic and nature of constitutional review. David Robertson argues that the constitutional judge's role is nothing like that of the legislator or chief executive, or even the ordinary judge. Rather, constitutional judges spell out to society the implications--on the ground--of the moral and practical commitments embodied in the nation's constitution. Constitutional review, in other words, is a form of applied political theory. Robertson takes an in-depth look at constitutional decision making in Germany, France, the Czech Republic, Poland, Hungary, Canada, and South Africa, with comparisons throughout to the United States, where constitutional review originated. He also tackles perhaps the most vexing problem in constitutional law today--how and when to limit the rights of citizens in order to govern. As traditional institutions of moral authority have lost power, constitutional judges have stepped into the breach, radically altering traditional understandings of what courts can and should do. Robertson demonstrates how constitutions are more than mere founding documents laying down the law of the land, but increasingly have become statements of the values and principles a society seeks to embody. Constitutional judges, in turn, see it as their mission to transform those values into political practice and push for state and society to live up to their ideals.
The Judge as Political Theorist: Contemporary Constitutional Review
by David RobertsonThe Judge as Political Theorist examines opinions by constitutional courts in liberal democracies to better understand the logic and nature of constitutional review. David Robertson argues that the constitutional judge's role is nothing like that of the legislator or chief executive, or even the ordinary judge. Rather, constitutional judges spell out to society the implications--on the ground--of the moral and practical commitments embodied in the nation's constitution. Constitutional review, in other words, is a form of applied political theory. Robertson takes an in-depth look at constitutional decision making in Germany, France, the Czech Republic, Poland, Hungary, Canada, and South Africa, with comparisons throughout to the United States, where constitutional review originated. He also tackles perhaps the most vexing problem in constitutional law today--how and when to limit the rights of citizens in order to govern. As traditional institutions of moral authority have lost power, constitutional judges have stepped into the breach, radically altering traditional understandings of what courts can and should do. Robertson demonstrates how constitutions are more than mere founding documents laying down the law of the land, but increasingly have become statements of the values and principles a society seeks to embody. Constitutional judges, in turn, see it as their mission to transform those values into political practice and push for state and society to live up to their ideals.
The Judge in a Democracy
by Aharon BarakWhether examining election outcomes, the legal status of terrorism suspects, or if (or how) people can be sentenced to death, a judge in a modern democracy assumes a role that raises some of the most contentious political issues of our day. But do judges even have a role beyond deciding the disputes before them under law? What are the criteria for judging the justices who write opinions for the United States Supreme Court or constitutional courts in other democracies? These are the questions that one of the world's foremost judges and legal theorists, Aharon Barak, poses in this book. In fluent prose, Barak sets forth a powerful vision of the role of the judge. He argues that this role comprises two central elements beyond dispute resolution: bridging the gap between the law and society, and protecting the constitution and democracy. The former involves balancing the need to adapt the law to social change against the need for stability; the latter, judges' ultimate accountability, not to public opinion or to politicians, but to the "internal morality" of democracy. Barak's vigorous support of "purposive interpretation" (interpreting legal texts--for example, statutes and constitutions--in light of their purpose) contrasts sharply with the influential "originalism" advocated by U.S. Supreme Court Justice Antonin Scalia. As he explores these questions, Barak also traces how supreme courts in major democracies have evolved since World War II, and he guides us through many of his own decisions to show how he has tried to put these principles into action, even under the burden of judging on terrorism.
The Judge in a Democracy
by Aharon BarakWhether examining election outcomes, the legal status of terrorism suspects, or if (or how) people can be sentenced to death, a judge in a modern democracy assumes a role that raises some of the most contentious political issues of our day. But do judges even have a role beyond deciding the disputes before them under law? What are the criteria for judging the justices who write opinions for the United States Supreme Court or constitutional courts in other democracies? These are the questions that one of the world's foremost judges and legal theorists, Aharon Barak, poses in this book. In fluent prose, Barak sets forth a powerful vision of the role of the judge. He argues that this role comprises two central elements beyond dispute resolution: bridging the gap between the law and society, and protecting the constitution and democracy. The former involves balancing the need to adapt the law to social change against the need for stability; the latter, judges' ultimate accountability, not to public opinion or to politicians, but to the "internal morality" of democracy. Barak's vigorous support of "purposive interpretation" (interpreting legal texts--for example, statutes and constitutions--in light of their purpose) contrasts sharply with the influential "originalism" advocated by U.S. Supreme Court Justice Antonin Scalia. As he explores these questions, Barak also traces how supreme courts in major democracies have evolved since World War II, and he guides us through many of his own decisions to show how he has tried to put these principles into action, even under the burden of judging on terrorism.