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Justice, Mercy, and Caprice: Clemency and the Death Penalty in Ireland (Clarendon Studies in Criminology)
by Ian O'DonnellJustice, Mercy, and Caprice is a work of criminal justice history that speaks to the gradual emergence of a more humane Irish state. It is a close examination of the decision to grant clemency to men and women sentenced to death between the end of the civil war in 1923 and the abolition of capital punishment in 1990. Frequently, the decision to deflect the law from its course was an attempt to introduce a measure of justice to a system where the mandatory death sentence for murder caused predictable unfairness and undue harshness. In some instances the decision to spare a life sprang from merciful motivations. In others it was capricious, depending on factors that should have had no place in the government's decision-making calculus. The custodial careers of those whose lives were spared repay scrutiny. Women tended to serve relatively short periods in prison but were often transferred to a religious institution where their confinement continued, occasionally for life. Men, by contrast, served longer in prison but were discharged directly to the community. Political offenders were either executed hastily or, when the threat of capital punishment had passed, incarcerated for extravagant periods. This book addresses issues that are of continuing relevance for countries that employ capital punishment. It will appeal to scholars with an interest in criminal justice history, executive discretion, and death penalty studies, as well as being a useful resource for students of penology.
Justice, Mercy, and Caprice: Clemency and the Death Penalty in Ireland (Clarendon Studies in Criminology)
by Ian O'DonnellJustice, Mercy, and Caprice is a work of criminal justice history that speaks to the gradual emergence of a more humane Irish state. It is a close examination of the decision to grant clemency to men and women sentenced to death between the end of the civil war in 1923 and the abolition of capital punishment in 1990. Frequently, the decision to deflect the law from its course was an attempt to introduce a measure of justice to a system where the mandatory death sentence for murder caused predictable unfairness and undue harshness. In some instances the decision to spare a life sprang from merciful motivations. In others it was capricious, depending on factors that should have had no place in the government's decision-making calculus. The custodial careers of those whose lives were spared repay scrutiny. Women tended to serve relatively short periods in prison but were often transferred to a religious institution where their confinement continued, occasionally for life. Men, by contrast, served longer in prison but were discharged directly to the community. Political offenders were either executed hastily or, when the threat of capital punishment had passed, incarcerated for extravagant periods. This book addresses issues that are of continuing relevance for countries that employ capital punishment. It will appeal to scholars with an interest in criminal justice history, executive discretion, and death penalty studies, as well as being a useful resource for students of penology.
Justice, Migration, and Mercy
by Michael BlakePolitical controversy about migration is becoming more frequent, more heated, and for certain groups, decidedly more urgent. This raises pressing questions not only in the realms of policy-making and public discourse, but also for philosophical accounts of migration. Do liberal states have the right to exclude unwanted outsiders, or should all borders be open? How should we begin to theorize the morality of refugee and asylum policy? If states can exclude unwanted outsiders, what ethical principles govern the determination of who gets in? Justice, Migration, and Mercy offers a way in which these questions might be answered by providing a vision of how we can understand the political morality of migration. Michael Blake offers a novel, and plausible, account of the right to exclude on which that right is grounded on a more fundamental right to avoid unwanted forms of political relationship. Far from simply justifying exclusion, however, Blake examines the best justifications for exclusion in an effort to determine its limits. In doing so, he challenges the current global realities of migration which ensure open borders for a select few and closed borders for the majority, most often the most marginalized in society. His account sheds light on more specific questions of justice in migration, such as the permissibility of travel bans and carrier sanctions. He also offers a particular vision about how to go beyond questions of right and liberal justice, towards a declaration of the sort of community we wish to be. Blake then identifies the moral notion of mercy as a central one for the moral analysis of migration, a move which leads to the conclusion that we ought to show mercy and justice in constructing migration policy as well as in public debate.
Justice, Migration, and Mercy
by Michael BlakePolitical controversy about migration is becoming more frequent, more heated, and for certain groups, decidedly more urgent. This raises pressing questions not only in the realms of policy-making and public discourse, but also for philosophical accounts of migration. Do liberal states have the right to exclude unwanted outsiders, or should all borders be open? How should we begin to theorize the morality of refugee and asylum policy? If states can exclude unwanted outsiders, what ethical principles govern the determination of who gets in? Justice, Migration, and Mercy offers a way in which these questions might be answered by providing a vision of how we can understand the political morality of migration. Michael Blake offers a novel, and plausible, account of the right to exclude on which that right is grounded on a more fundamental right to avoid unwanted forms of political relationship. Far from simply justifying exclusion, however, Blake examines the best justifications for exclusion in an effort to determine its limits. In doing so, he challenges the current global realities of migration which ensure open borders for a select few and closed borders for the majority, most often the most marginalized in society. His account sheds light on more specific questions of justice in migration, such as the permissibility of travel bans and carrier sanctions. He also offers a particular vision about how to go beyond questions of right and liberal justice, towards a declaration of the sort of community we wish to be. Blake then identifies the moral notion of mercy as a central one for the moral analysis of migration, a move which leads to the conclusion that we ought to show mercy and justice in constructing migration policy as well as in public debate.
Justice, Morality and Education: A New Focus in Ethics in Education
by Les Brown Konstantinos I. Nikolopoulos
The Justice Motive in Social Behavior: Adapting to Times of Scarcity and Change (Critical Issues in Social Justice)
by Melvin J. Lerner Sally C. LernerThis volume was conceived out of the concern with what the imminent future holds for the "have" countries ... those societies, such as the United States, which are based on complex technology and a high level of energy consumption. Even the most sanguine projection includes as base minimum relatively rapid and radical change in all aspects of the society, reflecting adaptation or reactions to demands created by poten tial threat to the technological base, sources of energy, to the life-support system itself. Whatever the source of these threats-whether they are the result of politically endogeneous or exogeneous forces-they will elicit changes in our social institutions; changes resulting not only from attempts to adapt but also from unintended consequences of failures to adapt. One reasonable assumption is that whatever the future holds for us, we would prefer to live in a world of minimal suffering with the greatest opportunity for fulfilling the human potential. The question then becomes one of how we can provide for these goals in that scenario for the imminent future ... a world of threat, change, need to adapt, diminishing access to that which has been familiar, comfortable, needed.
The Justice of Constantine: Law, Communication, and Control (Law And Society In The Ancient World)
by John DillonAs the first Christian emperor of Rome, Constantine the Great has long interested those studying the establishment of Christianity. But Constantine is also notable for his ability to control a sprawling empire and effect major changes. The Justice of Constantineexamines Constantine's judicial and administrative legislation and his efforts to maintain control over the imperial bureaucracy, to guarantee the working of Roman justice, and to keep the will of his subjects throughout the Roman Empire. John Dillon first analyzes the record of Constantine's legislation and its relationship to prior legislation. His initial chapters also serve as an introduction to Roman law and administration in later antiquity. Dillon then considers Constantine's public edicts and internal communications about access to law, trials and procedure, corruption, and punishment for administrative abuses. How imperial officials relied on correspondence with Constantine to resolve legal questions is also considered. A study of Constantine's expedited appellate system, to ensure provincial justice, concludes the book. Constantine's constitutions reveal much about the Theodosian Code and the laws included in it. Constantine consistently seeks direct sources of reliable information in order to enforce his will. In official correspondence, meanwhile, Constantine strives to maintain control over his officials through punishment; trusted agents; and the cultivation of accountability, rivalry, and suspicion among them.
The Justice of Contradictions: Antonin Scalia and the Politics of Disruption
by Richard L. HasenEngaging but caustic and openly ideological, Antonin Scalia was among the most influential justices ever to serve on the United States Supreme Court. In this fascinating new book, legal scholar Richard L. Hasen assesses Scalia’s complex legacy as a conservative legal thinker and disruptive public intellectual. The left saw Scalia as an unscrupulous foe who amplified his judicial role with scathing dissents and outrageous public comments. The right viewed him as a rare principled justice committed to neutral tools of constitutional and statutory interpretation. Hasen provides a more nuanced perspective, demonstrating how Scalia was crucial to reshaping jurisprudence on issues from abortion to gun rights to separation of powers. A jumble of contradictions, Scalia promised neutral tools to legitimize the Supreme Court, but his jurisprudence and confrontational style moved the Court to the right, alienated potential allies, and helped to delegitimize the institution he was trying to save.
The Justice of Mercy (Law, Meaning, And Violence)
by Linda R Meyer"The Justice of Mercy is exhilarating reading. Teeming with intelligence and insight, this study immediately establishes itself as the unequaled philosophical and legal exploration of mercy. But Linda Meyer's book reaches beyond mercy to offer reconceptualizations of justice and punishment themselves. Meyer's ambition is to rethink the failed retributivist paradigm of criminal justice and to replace it with an ideal of merciful punishment grounded in a Heideggerian insight into the gift of being-with-others. The readings of criminal law, Heideggerian and Levinasian philosophy, and literature are powerful and provocative. The Justice of Mercy is a radical and rigorous exploration of both punishment and mercy as profoundly human activities." ---Roger Berkowitz, Director of the Hannah Arendt Center for Ethical and Political Thinking, Bard College "This book addresses a question both ancient and urgently timely: how to reconcile the law's call to justice with the heart's call to mercy? Linda Ross Meyer's answer is both philosophical and pragmatic, taking us from the conceptual roots of the supposed conflict between justice and mercy to concrete examples in both fiction and contemporary criminal law. Energetic, eloquent, and moving, this book's defense of mercy will resonate with philosophers, legal scholars, lawyers, and policymakers engaged with criminal justice, and anyone concerned about our current harshly punitive legal system." ---Carol Steiker, Harvard Law School "Far from being a utopian, soft and ineffectual concept, Meyer shows that mercy already operates within the law in ways that we usually do not recognize. . . . Meyer's piercing insights and careful analysis bring the reader to think of law, justice, and mercy itself in a new and far more profound light." ---James Martel, San Francisco State University How can granting mercy be just if it gives a criminal less punishment than he "deserves" and treats his case differently from others like it? This ancient question has become central to debates over truth and reconciliation commissions, alternative dispute resolution, and other new forms of restorative justice. The traditional response has been to marginalize mercy and to cast doubt on its ability to coexist with forms of legal justice. Flipping the relationship between justice and mercy, Linda Ross Meyer argues that our rule-bound and harsh system of punishment is deeply flawed and that mercy should be, not the crazy woman in the attic of the law, but the lady of the house. This book articulates a theory of punishment with mercy and illustrates the implications of that theory with legal examples drawn from criminal law doctrine, pardons, mercy in military justice, and fictional narratives of punishment and mercy. Linda Ross Meyer is Carmen Tortora Professor of Law at Quinnipiac University School of Law; President of the Association for the Study of Law, Culture and the Humanities; and Associate Editor of Journal of Law, Culture and the Humanities. Jacket illustration: "Lotus" by Anthony James
Justice Oliver Wendell Holmes: Law and the Inner Self
by G. Edward WhiteBy any measure, Oliver Wendell Holmes, Jr., led a full and remarkable life. He was tall and exceptionally attractive, especially as he aged, with piercing eyes, a shock of white hair, and prominent moustache. He was the son of a famous father (Oliver Wendell Holmes, Sr., renowned for "The Autocrat of the Breakfast Table"), a thrice-wounded veteran of the Civil War, a Harvard-educated member of Brahmin Boston, the acquaintance of Longfellow, Lowell, and Emerson, and for a time a close friend of William James. He wrote one of the classic works of American legal scholarship, The Common Law, and he served with distinction on the Supreme Court of the United States. He was actively involved in the Court's work into his nineties. In Justice Oliver Wendell Holmes, G. Edward White, the acclaimed biographer of Earl Warren and one of America's most esteemed legal scholars, provides a rounded portrait of this remarkable jurist. We see Holmes's early life in Boston and at Harvard, his ambivalent relationship with his father, and his harrowing service during the Civil War (he was wounded three times, twice nearly fatally, shot in the chest in his first action, and later shot through the neck at Antietam). White examines Holmes's curious, childless marriage (his diary for 1872 noted on June 17th that he had married Fanny Bowditch Dixwell, and the next sentence indicated that he had become the sole editor of the American Law Review) and he includes new information on Holmes's relationship with Clare Castletown. White not only provides a vivid portrait of Holmes's life, but examines in depth the inner life and thought of this preeminent legal figure. There is a full chapter devoted to The Common Law, for instance, and throughout the book, there is astute commentary on Holmes's legal writings. Indeed, White reveals that some of the themes that have dominated 20th-century American jurisprudence--including protection for free speech and the belief that "judges make the law"--originated in Holmes's work. Perhaps most important, White suggests that understanding Holmes's life is crucial to understanding his work, and he continually stresses the connections between Holmes's legal career and his personal life. For instance, his desire to distinguish himself from his father and from the "soft" literary culture of his father's generation drove him to legal scholarship of a particularly demanding kind. White's biography of Earl Warren was hailed by Anthony Lewis on the cover of The New York Times Book Review as "serious and fascinating," and The Los Angeles Times noted that "White has gone beyond the labels and given us the man." In Justice Oliver Wendell Holmes, White has produced an equally serious and fascinating biography, one that again goes beyond the labels and gives us the man himself.
Justice Oliver Wendell Holmes: Law and the Inner Self
by G. Edward WhiteBy any measure, Oliver Wendell Holmes, Jr., led a full and remarkable life. He was tall and exceptionally attractive, especially as he aged, with piercing eyes, a shock of white hair, and prominent moustache. He was the son of a famous father (Oliver Wendell Holmes, Sr., renowned for "The Autocrat of the Breakfast Table"), a thrice-wounded veteran of the Civil War, a Harvard-educated member of Brahmin Boston, the acquaintance of Longfellow, Lowell, and Emerson, and for a time a close friend of William James. He wrote one of the classic works of American legal scholarship, The Common Law, and he served with distinction on the Supreme Court of the United States. He was actively involved in the Court's work into his nineties. In Justice Oliver Wendell Holmes, G. Edward White, the acclaimed biographer of Earl Warren and one of America's most esteemed legal scholars, provides a rounded portrait of this remarkable jurist. We see Holmes's early life in Boston and at Harvard, his ambivalent relationship with his father, and his harrowing service during the Civil War (he was wounded three times, twice nearly fatally, shot in the chest in his first action, and later shot through the neck at Antietam). White examines Holmes's curious, childless marriage (his diary for 1872 noted on June 17th that he had married Fanny Bowditch Dixwell, and the next sentence indicated that he had become the sole editor of the American Law Review) and he includes new information on Holmes's relationship with Clare Castletown. White not only provides a vivid portrait of Holmes's life, but examines in depth the inner life and thought of this preeminent legal figure. There is a full chapter devoted to The Common Law, for instance, and throughout the book, there is astute commentary on Holmes's legal writings. Indeed, White reveals that some of the themes that have dominated 20th-century American jurisprudence--including protection for free speech and the belief that "judges make the law"--originated in Holmes's work. Perhaps most important, White suggests that understanding Holmes's life is crucial to understanding his work, and he continually stresses the connections between Holmes's legal career and his personal life. For instance, his desire to distinguish himself from his father and from the "soft" literary culture of his father's generation drove him to legal scholarship of a particularly demanding kind. White's biography of Earl Warren was hailed by Anthony Lewis on the cover of The New York Times Book Review as "serious and fascinating," and The Los Angeles Times noted that "White has gone beyond the labels and given us the man." In Justice Oliver Wendell Holmes, White has produced an equally serious and fascinating biography, one that again goes beyond the labels and gives us the man himself.
Justice on Trial: Radical Solutions for a System at Breaking Point
by Chris DawAlmost everything we think about crime and punishment is wrong. I am going to show you why. And what we can do about it.Chris Daw QC has been practising criminal law for over 25 years, navigating Britain's fractured justice system from within. He has looked into the eyes of murderers, acted for notorious criminals, and listened to the tangled tales woven by fraudsters, money launderers and drug barons. Yet his work takes place at the heart of a system at breaking point – one which is failing perpetrators, victims and society – and now he is convinced that something must change.For most of us the criminal law only matters when we are victims of crime or are called for jury service. But what if everything we have been told about crime and punishment is wrong? What if the whole criminal justice system is a catastrophic waste of money, churning out lifelong criminals, dragging children into court from as young as ten, and fighting a war on drugs that can never be won?Drawing on his own fascinating case histories and global reporting, including the 2019 London Bridge attacks, Alabama's prison system and one of Britain's most dramatic mass shootings, Daw presents a radical new set of solutions for crime and punishment. By turns shocking, moving and pragmatic, Justice on Trial offers rare inside access to a system in crisis and a roadmap to a future beyond the binary of 'good' and 'evil'.
Justice on Trial: Radical Solutions for a System at Breaking Point
by Chris DawAlmost everything we think about crime and punishment is wrong. I am going to show you why. And what we can do about it.Chris Daw QC has been practising criminal law for over 25 years, navigating Britain's fractured justice system from within. He has looked into the eyes of murderers, acted for notorious criminals, and listened to the tangled tales woven by fraudsters, money launderers and drug barons. Yet his work takes place at the heart of a system at breaking point – one which is failing perpetrators, victims and society – and now he is convinced that something must change.For most of us the criminal law only matters when we are victims of crime or are called for jury service. But what if everything we have been told about crime and punishment is wrong? What if the whole criminal justice system is a catastrophic waste of money, churning out lifelong criminals, dragging children into court from as young as ten, and fighting a war on drugs that can never be won?Drawing on his own fascinating case histories and global reporting, including the 2019 London Bridge attacks, Alabama's prison system and one of Britain's most dramatic mass shootings, Daw presents a radical new set of solutions for crime and punishment. By turns shocking, moving and pragmatic, Justice on Trial offers rare inside access to a system in crisis and a roadmap to a future beyond the binary of 'good' and 'evil'.
Justice over the Course of Life: Biographies in a Society of Long Lives (Schriften zu Gesundheit und Gesellschaft - Studies on Health and Society #1)
by Christiane Woopen Björn Schmitz-LuhnIn this interdisciplinary book, experts from philosophy, medicine, law, psychology, economics, and social sciences address questions and develop solutions for a well-designed society of long life. Young as well as old people have to actively shape more and more of their life span. At the same time, aging becomes more multifaceted: the individual view on one’s own life course is changing, and the needs and demands for a fulfilled life are diversifying. The implications affect all spheres of life – from education and workplace to health care and the culture of interaction. They require content-related and structural adjustments for a diverse society of longevity in which multiple generations live alongside each other. But how can change be managed responsibly, how can individual and collective responsibility be distributed appropriately, and how can a sustainable and fair social future be ensured?
Justice (PDF)
by Tom CampbellThe revised second edition of this text sets out the main contending theories of justice as exemplified in the works of a range of major theorists. Eight major theories of justice based on the work of Nozick, Dworkin, Rawls, Posner, Marx, Young and Habermas are each introduced in their own terms and assessed in accordance with their ability to generate clear, consistent and illuminating accounts of justice as a distinctive social, political and legal value.
Justice Reform and Development: Rethinking Donor Assistance to Developing and Transitional Countries (Law, Development and Globalization)
by Linn A. HammergrenThis book explores the objectives pursued in donor programs, the methods used to advance them, and the underlying assumptions and strategies. It emphasizes the unexpected and sometimes unpleasant consequences of ignoring not only political and societal constraints but also advances in our technical approaches to performance improvement, the one area where the First World has a comparative advantage. The geographic scope of the work is broad, incorporating examples from Eastern and Central Europe, Latin America, Africa, and the Asia-Pacific region as well as from several First World nations. Justice Reform and Development examines First World assistance to justice or "rule of law" reforms in developing and transitional societies, arguing that its purported failure is vastly exaggerated, largely because of unrealistic expectations as to what could be accomplished. Change nonetheless is needed if the programs are to continue and would be best based on targeting specific performance problems, incorporation of donor countries’ experience with their own reforms, and greater attention to relevant research. While contributing to an on-going debate among practitioners and academics involved in justice programs, this book will also be accessible to readers with little exposure to the topics, especially advanced undergraduate and graduate students in law, political science and areas studies.
Justice Reform and Development: Rethinking Donor Assistance to Developing and Transitional Countries (Law, Development and Globalization)
by Linn A. HammergrenThis book explores the objectives pursued in donor programs, the methods used to advance them, and the underlying assumptions and strategies. It emphasizes the unexpected and sometimes unpleasant consequences of ignoring not only political and societal constraints but also advances in our technical approaches to performance improvement, the one area where the First World has a comparative advantage. The geographic scope of the work is broad, incorporating examples from Eastern and Central Europe, Latin America, Africa, and the Asia-Pacific region as well as from several First World nations. Justice Reform and Development examines First World assistance to justice or "rule of law" reforms in developing and transitional societies, arguing that its purported failure is vastly exaggerated, largely because of unrealistic expectations as to what could be accomplished. Change nonetheless is needed if the programs are to continue and would be best based on targeting specific performance problems, incorporation of donor countries’ experience with their own reforms, and greater attention to relevant research. While contributing to an on-going debate among practitioners and academics involved in justice programs, this book will also be accessible to readers with little exposure to the topics, especially advanced undergraduate and graduate students in law, political science and areas studies.
Justice Reinvestment: Winding Back Imprisonment (Palgrave Studies in Prisons and Penology)
by David Brown Courtney Young Chris Cunneen Melanie Schwartz Julie StubbsJustice reinvestment was introduced as a response to mass incarceration and racial disparity in the United States in 2003. This book examines justice reinvestment from its origins, its potential as a mechanism for winding back imprisonment rates, and its portability to Australia, the United Kingdom and beyond. The authors analyze the principles and processes of justice reinvestment, including the early neighborhood focus on 'million dollar blocks'. They further scrutinize the claims of evidence-based and data-driven policy, which have been used in the practical implementation strategies featured in bipartisan legislative criminal justice system reforms. This book takes a comparative approach to justice reinvestment by examining the differences in political, legal and cultural contexts between the United States and Australia in particular. It argues for a community-driven approach, originating in vulnerable Indigenous communities with high imprisonment rates, as part of a more general movement for Indigenous democracy. While supporting a social justice approach, the book confronts significantly the problematic features of the politics of locality and community, the process of criminal justice policy transfer, and rationalist conceptions of policy. It will be essential reading for scholars, students and practitioners of criminal justice and criminal law.
Justice Scalia: Rhetoric and the Rule of Law
by Brian G. Slocum Francis J. MootzJustice Antonin Scalia (1936–2016) was the single most important figure in the emergence of the “new originalist” interpretation of the US Constitution, which sought to anchor the court’s interpretation of the Constitution to the ordinary meaning of the words at the time of drafting. For Scalia, the meaning of constitutional provisions and statutes was rigidly fixed by their original meanings with little concern for extratextual considerations. While some lauded his uncompromising principles, others argued that such a rigid view of the Constitution both denies and attempts to limit the discretion of judges in ways that damage and distort our system of law. In this edited collection, leading scholars from law, political science, philosophy, rhetoric, and linguistics look at the ways Scalia framed and stated his arguments. Focusing on rhetorical strategies rather than the logic or validity of Scalia’s legal arguments, the contributors collectively reveal that Scalia enacted his rigidly conservative vision of the law through his rhetorical framing.
Justice Scalia: Rhetoric and the Rule of Law
by Brian G. Slocum Francis J. MootzJustice Antonin Scalia (1936–2016) was the single most important figure in the emergence of the “new originalist” interpretation of the US Constitution, which sought to anchor the court’s interpretation of the Constitution to the ordinary meaning of the words at the time of drafting. For Scalia, the meaning of constitutional provisions and statutes was rigidly fixed by their original meanings with little concern for extratextual considerations. While some lauded his uncompromising principles, others argued that such a rigid view of the Constitution both denies and attempts to limit the discretion of judges in ways that damage and distort our system of law. In this edited collection, leading scholars from law, political science, philosophy, rhetoric, and linguistics look at the ways Scalia framed and stated his arguments. Focusing on rhetorical strategies rather than the logic or validity of Scalia’s legal arguments, the contributors collectively reveal that Scalia enacted his rigidly conservative vision of the law through his rhetorical framing.
Justice Scalia: Rhetoric and the Rule of Law
by Brian G. Slocum Francis J. Mootz IIIJustice Antonin Scalia (1936–2016) was the single most important figure in the emergence of the “new originalist” interpretation of the US Constitution, which sought to anchor the court’s interpretation of the Constitution to the ordinary meaning of the words at the time of drafting. For Scalia, the meaning of constitutional provisions and statutes was rigidly fixed by their original meanings with little concern for extratextual considerations. While some lauded his uncompromising principles, others argued that such a rigid view of the Constitution both denies and attempts to limit the discretion of judges in ways that damage and distort our system of law. In this edited collection, leading scholars from law, political science, philosophy, rhetoric, and linguistics look at the ways Scalia framed and stated his arguments. Focusing on rhetorical strategies rather than the logic or validity of Scalia’s legal arguments, the contributors collectively reveal that Scalia enacted his rigidly conservative vision of the law through his rhetorical framing.
Justice Scalia: Rhetoric and the Rule of Law
by Brian G. Slocum Francis J. Mootz IIIJustice Antonin Scalia (1936–2016) was the single most important figure in the emergence of the “new originalist” interpretation of the US Constitution, which sought to anchor the court’s interpretation of the Constitution to the ordinary meaning of the words at the time of drafting. For Scalia, the meaning of constitutional provisions and statutes was rigidly fixed by their original meanings with little concern for extratextual considerations. While some lauded his uncompromising principles, others argued that such a rigid view of the Constitution both denies and attempts to limit the discretion of judges in ways that damage and distort our system of law. In this edited collection, leading scholars from law, political science, philosophy, rhetoric, and linguistics look at the ways Scalia framed and stated his arguments. Focusing on rhetorical strategies rather than the logic or validity of Scalia’s legal arguments, the contributors collectively reveal that Scalia enacted his rigidly conservative vision of the law through his rhetorical framing.
Justice Scalia: Rhetoric and the Rule of Law
by Brian G. Slocum Francis J. Mootz IIIJustice Antonin Scalia (1936–2016) was the single most important figure in the emergence of the “new originalist” interpretation of the US Constitution, which sought to anchor the court’s interpretation of the Constitution to the ordinary meaning of the words at the time of drafting. For Scalia, the meaning of constitutional provisions and statutes was rigidly fixed by their original meanings with little concern for extratextual considerations. While some lauded his uncompromising principles, others argued that such a rigid view of the Constitution both denies and attempts to limit the discretion of judges in ways that damage and distort our system of law. In this edited collection, leading scholars from law, political science, philosophy, rhetoric, and linguistics look at the ways Scalia framed and stated his arguments. Focusing on rhetorical strategies rather than the logic or validity of Scalia’s legal arguments, the contributors collectively reveal that Scalia enacted his rigidly conservative vision of the law through his rhetorical framing.
Justice Scalia: Rhetoric and the Rule of Law
Justice Antonin Scalia (1936–2016) was the single most important figure in the emergence of the “new originalist” interpretation of the US Constitution, which sought to anchor the court’s interpretation of the Constitution to the ordinary meaning of the words at the time of drafting. For Scalia, the meaning of constitutional provisions and statutes was rigidly fixed by their original meanings with little concern for extratextual considerations. While some lauded his uncompromising principles, others argued that such a rigid view of the Constitution both denies and attempts to limit the discretion of judges in ways that damage and distort our system of law. In this edited collection, leading scholars from law, political science, philosophy, rhetoric, and linguistics look at the ways Scalia framed and stated his arguments. Focusing on rhetorical strategies rather than the logic or validity of Scalia’s legal arguments, the contributors collectively reveal that Scalia enacted his rigidly conservative vision of the law through his rhetorical framing.
Justice, the State and International Relations
by L. McCarthyJustice, the State and International Relations offers a review of historical traditions of international ethical and political theory in the light of modern developments in political philosophy. McCarthy provides a defence of natural law tradition, and, in response to the criticism of natural law that, along with Kantianism, it is too abstract to produce a substantive account of justice and rights, constructs an argument for basic, agency-grounded rights. Through his study, the author attacks `realism' and the modern `cosmopolitan' theories that until now have been too little debated.