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A Matter of Interpretation: Federal Courts and the Law

We are all familiar with the image of the immensely clever judge who discerns the best rule of common law for the case at hand. According to U.S. Supreme Court Justice Antonin Scalia, a judge like this can maneuver through earlier cases to achieve the desired aim--"distinguishing one prior case on his left, straight-arming another one on his right, high-stepping away from another precedent about to tackle him from the rear, until (bravo!) he reaches the goal--good law." But is this common-law mindset, which is appropriate in its place, suitable also in statutory and constitutional interpretation? In a witty and trenchant essay, Justice Scalia answers this question with a resounding negative. In exploring the neglected art of statutory interpretation, Scalia urges that judges resist the temptation to use legislative intention and legislative history. In his view, it is incompatible with democratic government to allow the meaning of a statute to be determined by what the judges think the lawgivers meant rather than by what the legislature actually promulgated. Eschewing the judicial lawmaking that is the essence of common law, judges should interpret statutes and regulations by focusing on the text itself. Scalia then extends this principle to constitutional law. He proposes that we abandon the notion of an everchanging Constitution and pay attention to the Constitution's original meaning. Although not subscribing to the "strict constructionism" that would prevent applying the Constitution to modern circumstances, Scalia emphatically rejects the idea that judges can properly "smuggle" in new rights or deny old rights by using the Due Process Clause, for instance. In fact, such judicial discretion might lead to the destruction of the Bill of Rights if a majority of the judges ever wished to reach that most undesirable of goals. This essay is followed by four commentaries by Professors Gordon Wood, Laurence Tribe, Mary Ann Glendon, and Ronald Dworkin, who engage Justice Scalia's ideas about judicial interpretation from varying standpoints. In the spirit of debate, Justice Scalia responds to these critics.

A Matter of Interpretation: Federal Courts and the Law (PDF)

We are all familiar with the image of the immensely clever judge who discerns the best rule of common law for the case at hand. According to U.S. Supreme Court Justice Antonin Scalia, a judge like this can maneuver through earlier cases to achieve the desired aim--"distinguishing one prior case on his left, straight-arming another one on his right, high-stepping away from another precedent about to tackle him from the rear, until (bravo!) he reaches the goal--good law." But is this common-law mindset, which is appropriate in its place, suitable also in statutory and constitutional interpretation? In a witty and trenchant essay, Justice Scalia answers this question with a resounding negative. In exploring the neglected art of statutory interpretation, Scalia urges that judges resist the temptation to use legislative intention and legislative history. In his view, it is incompatible with democratic government to allow the meaning of a statute to be determined by what the judges think the lawgivers meant rather than by what the legislature actually promulgated. Eschewing the judicial lawmaking that is the essence of common law, judges should interpret statutes and regulations by focusing on the text itself. Scalia then extends this principle to constitutional law. He proposes that we abandon the notion of an everchanging Constitution and pay attention to the Constitution's original meaning. Although not subscribing to the "strict constructionism" that would prevent applying the Constitution to modern circumstances, Scalia emphatically rejects the idea that judges can properly "smuggle" in new rights or deny old rights by using the Due Process Clause, for instance. In fact, such judicial discretion might lead to the destruction of the Bill of Rights if a majority of the judges ever wished to reach that most undesirable of goals. This essay is followed by four commentaries by Professors Gordon Wood, Laurence Tribe, Mary Ann Glendon, and Ronald Dworkin, who engage Justice Scalia's ideas about judicial interpretation from varying standpoints. In the spirit of debate, Justice Scalia responds to these critics.

A Matter of Interpretation: Federal Courts and the Law

We are all familiar with the image of the immensely clever judge who discerns the best rule of common law for the case at hand. According to U.S. Supreme Court Justice Antonin Scalia, a judge like this can maneuver through earlier cases to achieve the desired aim—"distinguishing one prior case on his left, straight-arming another one on his right, high-stepping away from another precedent about to tackle him from the rear, until (bravo!) he reaches the goal—good law." But is this common-law mindset, which is appropriate in its place, suitable also in statutory and constitutional interpretation? In a witty and trenchant essay, Justice Scalia answers this question with a resounding negative.In exploring the neglected art of statutory interpretation, Scalia urges that judges resist the temptation to use legislative intention and legislative history. In his view, it is incompatible with democratic government to allow the meaning of a statute to be determined by what the judges think the lawgivers meant rather than by what the legislature actually promulgated. Eschewing the judicial lawmaking that is the essence of common law, judges should interpret statutes and regulations by focusing on the text itself. Scalia then extends this principle to constitutional law. He proposes that we abandon the notion of an everchanging Constitution and pay attention to the Constitution's original meaning. Although not subscribing to the “strict constructionism” that would prevent applying the Constitution to modern circumstances, Scalia emphatically rejects the idea that judges can properly “smuggle” in new rights or deny old rights by using the Due Process Clause, for instance. In fact, such judicial discretion might lead to the destruction of the Bill of Rights if a majority of the judges ever wished to reach that most undesirable of goals.This essay is followed by four commentaries by Professors Gordon Wood, Laurence Tribe, Mary Ann Glendon, and Ronald Dworkin, who engage Justice Scalia’s ideas about judicial interpretation from varying standpoints. In the spirit of debate, Justice Scalia responds to these critics.Featuring a new foreword that discusses Scalia’s impact, jurisprudence, and legacy, this witty and trenchant exchange illuminates the brilliance of one of the most influential legal minds of our time.

A Matter of Interpretation: Federal Courts and the Law

We are all familiar with the image of the immensely clever judge who discerns the best rule of common law for the case at hand. According to U.S. Supreme Court Justice Antonin Scalia, a judge like this can maneuver through earlier cases to achieve the desired aim—"distinguishing one prior case on his left, straight-arming another one on his right, high-stepping away from another precedent about to tackle him from the rear, until (bravo!) he reaches the goal—good law." But is this common-law mindset, which is appropriate in its place, suitable also in statutory and constitutional interpretation? In a witty and trenchant essay, Justice Scalia answers this question with a resounding negative.In exploring the neglected art of statutory interpretation, Scalia urges that judges resist the temptation to use legislative intention and legislative history. In his view, it is incompatible with democratic government to allow the meaning of a statute to be determined by what the judges think the lawgivers meant rather than by what the legislature actually promulgated. Eschewing the judicial lawmaking that is the essence of common law, judges should interpret statutes and regulations by focusing on the text itself. Scalia then extends this principle to constitutional law. He proposes that we abandon the notion of an everchanging Constitution and pay attention to the Constitution's original meaning. Although not subscribing to the “strict constructionism” that would prevent applying the Constitution to modern circumstances, Scalia emphatically rejects the idea that judges can properly “smuggle” in new rights or deny old rights by using the Due Process Clause, for instance. In fact, such judicial discretion might lead to the destruction of the Bill of Rights if a majority of the judges ever wished to reach that most undesirable of goals.This essay is followed by four commentaries by Professors Gordon Wood, Laurence Tribe, Mary Ann Glendon, and Ronald Dworkin, who engage Justice Scalia’s ideas about judicial interpretation from varying standpoints. In the spirit of debate, Justice Scalia responds to these critics.Featuring a new foreword that discusses Scalia’s impact, jurisprudence, and legacy, this witty and trenchant exchange illuminates the brilliance of one of the most influential legal minds of our time.

A Matter of Obscenity: The Politics of Censorship in Modern England

A comprehensive history of censorship in modern BritainFor Victorian lawmakers and judges, the question of whether a book should be allowed to circulate freely depended on whether it was sold to readers whose mental and moral capacities were in doubt, by which they meant the increasingly literate and enfranchised working classes. The law stayed this way even as society evolved. In 1960, in the obscenity trial over D. H. Lawrence's Lady Chatterley's Lover, the prosecutor asked the jury, "Is it a book that you would even wish your wife or your servants to read?" Christopher Hilliard traces the history of British censorship from the Victorians to Margaret Thatcher, exposing the tensions between obscenity law and a changing British society.Hilliard goes behind the scenes of major obscenity trials and uncovers the routines of everyday censorship, shedding new light on the British reception of literary modernism and popular entertainments such as the cinema and American-style pulp fiction and comic books. He reveals the thinking of lawyers and the police, authors and publishers, and politicians and ordinary citizens as they wrestled with questions of freedom and morality. He describes how supporters and opponents of censorship alike tried to remake the law as they reckoned with changes in sexuality and culture that began in the 1960s.Based on extensive archival research, this incisive and multifaceted book reveals how the issue of censorship challenged British society to confront issues ranging from mass literacy and democratization to feminism, gay rights, and multiculturalism.

A Matter of Obscenity: The Politics of Censorship in Modern England

A comprehensive history of censorship in modern BritainFor Victorian lawmakers and judges, the question of whether a book should be allowed to circulate freely depended on whether it was sold to readers whose mental and moral capacities were in doubt, by which they meant the increasingly literate and enfranchised working classes. The law stayed this way even as society evolved. In 1960, in the obscenity trial over D. H. Lawrence's Lady Chatterley's Lover, the prosecutor asked the jury, "Is it a book that you would even wish your wife or your servants to read?" Christopher Hilliard traces the history of British censorship from the Victorians to Margaret Thatcher, exposing the tensions between obscenity law and a changing British society.Hilliard goes behind the scenes of major obscenity trials and uncovers the routines of everyday censorship, shedding new light on the British reception of literary modernism and popular entertainments such as the cinema and American-style pulp fiction and comic books. He reveals the thinking of lawyers and the police, authors and publishers, and politicians and ordinary citizens as they wrestled with questions of freedom and morality. He describes how supporters and opponents of censorship alike tried to remake the law as they reckoned with changes in sexuality and culture that began in the 1960s.Based on extensive archival research, this incisive and multifaceted book reveals how the issue of censorship challenged British society to confront issues ranging from mass literacy and democratization to feminism, gay rights, and multiculturalism.

A Matter of Principle

In 1993, Conrad Black was the proprietor of London's Daily Telegraph and the head of one of the world's largest newspaper groups. In 2004, however, he was accused of fraud and fired as chairman of Hollinger. In A Matter of Principle, Black describes his indictment, four-month trial, partial conviction, imprisonment and largely successful appeal. Black writes without reserve about the prosecutors who mounted a campaign to destroy him and the journalists who presumed he was guilty. Fascinating people fill these pages, from prime ministers and presidents to the social, legal and media elite. Woven throughout are Black's views on big themes: politics, corporate governance and the US justice system. He is candid about highly personal subjects, including his friendships, his faith and his marriage to Barbara Amiel. Above all, Black maintains his innocence and recounts what he describes as the 'fight of and for my life'. A Matter of Principle is a riveting memoir and a scathing account of a flawed justice system.

The Matter of the Heart: A History of the Heart in Eleven Operations

'Thrilling... The “dizzying” story of heart surgery is every bit as important as that of the nuclear, computer or rocket ages. And now it has been given the history it deserves' James McConnachie, Sunday TimesFor thousands of years the human heart remained the deepest of mysteries; both home to the soul and an organ too complex to touch, let alone operate on. Then, in the late nineteenth century, medics began going where no one had dared go before. In eleven landmark operations, Thomas Morris tells us stories of triumph, reckless bravery, swaggering arrogance, jealousy and rivalry, and incredible ingenuity, from the trail-blazing ‘blue baby’ procedure to the first human heart transplant. The Matter of the Heart gives us a view over the surgeon’s shoulder, showing us the heart’s inner workings and failings. It describes both a human story and a history of risk-taking that has ultimately saved millions of lives.

Matters of Life and Death: Perspectives on Public Health, Molecular Biology, Cancer, and the Prospects for the Human Race

Cancer has become the scourge of the twentieth century. It was always part of the human condition, but until recently it was not a common cause of death because most people died from the infectious diseases. Now that so many of us will live long enough to develop cancer, we need to learn as much about it as we can. This requires some understanding of molecular biology. John Cairns has made significant contributions to cancer research, molecular biology, and virology. He believes that it is possible to explain what is known about cancer and about molecular biology in terms that are easily understood by people with little or no scientific training. In this fascinating book, he explores the revolution in public health, the origins and principles of molecular biology, and our emerging understanding of the causes of cancer. Finally, he discusses how these developments are likely to affect future generations. As Cairns points out, the last two hundred years have altered our life expectations beyond all recognition. Even in the less developed nations of the world, people are starting to believe that everyone ought to be able to live into old age and be protected from the major causes of premature death. This change in our expectations is one of the major benefits of technology and the biological sciences. But the resulting explosion in the human population ultimately threatens everything we have gained by scientific progress.

Matters of Life and Death: Perspectives on Public Health, Molecular Biology, Cancer, and the Prospects for the Human Race

Cancer has become the scourge of the twentieth century. It was always part of the human condition, but until recently it was not a common cause of death because most people died from the infectious diseases. Now that so many of us will live long enough to develop cancer, we need to learn as much about it as we can. This requires some understanding of molecular biology. John Cairns has made significant contributions to cancer research, molecular biology, and virology. He believes that it is possible to explain what is known about cancer and about molecular biology in terms that are easily understood by people with little or no scientific training. In this fascinating book, he explores the revolution in public health, the origins and principles of molecular biology, and our emerging understanding of the causes of cancer. Finally, he discusses how these developments are likely to affect future generations. As Cairns points out, the last two hundred years have altered our life expectations beyond all recognition. Even in the less developed nations of the world, people are starting to believe that everyone ought to be able to live into old age and be protected from the major causes of premature death. This change in our expectations is one of the major benefits of technology and the biological sciences. But the resulting explosion in the human population ultimately threatens everything we have gained by scientific progress.

Maurice Blanchot on Poetry and Narrative: Ethics of the Image (Bloomsbury Studies in Philosophy and Poetry)

Blanchot and his writings on three major poets, Mallarmé, Hölderlin, and Char, provide a decisive new point of departure for English language criticism of his philosophical writings on narrative in this study by leading Blanchot scholar, Kevin Hart.Connecting his work to later leading figures of 20th-century French philosophy, including Emmanuel Levinas, Simone Weil, and Jacques Derrida, Hart highlights the importance of Jewish philosophy and political thought to his overall conception of literature. Chapters on community and negation reveal Blanchot's emphasis on the relationship between narrative and politics over the more commonly connected narrative and aesthetics. By fully discussing Blanchot's elusive concept of “the Outside” for the first time, this book progresses scholarly understandings of his entire oeuvre further. This central concept engages Franz Rosenzweig's work on Abrahamic faiths, enabling a reckoning on the role of suffering and literature in the wake of the Shoah, with significant implications for Jewish studies more generally.

Maurice Blanchot on Poetry and Narrative: Ethics of the Image (Bloomsbury Studies in Philosophy and Poetry)

Blanchot and his writings on three major poets, Mallarmé, Hölderlin, and Char, provide a decisive new point of departure for English language criticism of his philosophical writings on narrative in this study by leading Blanchot scholar, Kevin Hart.Connecting his work to later leading figures of 20th-century French philosophy, including Emmanuel Levinas, Simone Weil, and Jacques Derrida, Hart highlights the importance of Jewish philosophy and political thought to his overall conception of literature. Chapters on community and negation reveal Blanchot's emphasis on the relationship between narrative and politics over the more commonly connected narrative and aesthetics. By fully discussing Blanchot's elusive concept of “the Outside” for the first time, this book progresses scholarly understandings of his entire oeuvre further. This central concept engages Franz Rosenzweig's work on Abrahamic faiths, enabling a reckoning on the role of suffering and literature in the wake of the Shoah, with significant implications for Jewish studies more generally.

The Mauthausen Trial: American Military Justice in Germany

Shortly after 9:00 a.m. on May 27, 1947, the first of forty-nine men condemned to death for war crimes at Mauthausen concentration camp mounted the gallows at Landsberg prison near Munich. The mass execution that followed resulted from an American military trial conducted at Dachau in the spring of 1946—a trial that lasted only thirty-six days and yet produced more death sentences than any other in American history. The Mauthausen trial was part of a massive series of proceedings designed to judge and punish Nazi war criminals in the most expedient manner the law would allow. There was no doubt that the crimes had been monstrous. Yet despite meting out punishment to a group of incontestably guilty men, the Mauthausen trial reveals a troubling and seldom-recognized face of American postwar justice—one characterized by rapid proceedings, lax rules of evidence, and questionable interrogations. Although the better-known Nuremberg trials are often regarded as epitomizing American judicial ideals, these trials were in fact the exception to the rule. Instead, as Tomaz Jardim convincingly demonstrates, the rough justice of the Mauthausen trial remains indicative of the most common—and yet least understood—American approach to war crimes prosecution. The Mauthausen Trial forces reflection on the implications of compromising legal standards in order to guarantee that guilty people do not walk free.

The Max Planck Handbooks in European Public Law: Volume III: Constitutional Adjudication: Institutions (Max Planck Handbooks in European Public Law)

The Max Planck Handbooks in European Public Law describe and analyse public law of the European legal space, an area that encompasses not only the law of the European Union but also the European Convention on Human Rights and, importantly, the domestic public laws of European states. Recognizing that the ongoing vertical and horizontal processes of European integration make legal comparison the task of our time for both scholars and practitioners, the series aims to foster the development of a specifically European legal pluralism and to contribute to the legitimacy and efficiency of European public law. The first volume of the series began this enterprise with an appraisal of the evolution of the state and its administration, offering both cross-cutting contributions and specific country reports. The third volume (the second in chronological terms) continues this approach with an in-depth appraisal of constitutional adjudication in various and diverse European countries. Fourteen country reports and two cross-cutting contributions investigate the antecedents, foundations, organization, procedure, and outlook of constitutional adjudicators throughout the Continent. They include countries with powerful constitutional courts, jurisdictions with traditional supreme courts, and states with small institutions and limited ex ante review. In keeping with the focus on a diverse but unified legal space, each report also details how its institution fits into the broader association of constitutional courts that, through dialogue and conflict, brings to fruition the European legal space. Together, the chapters of this volume provide a strong and diverse foundation for this dialogue to flourish.

The Max Planck Handbooks in European Public Law: Volume II: Constitutional Foundations (Max Planck Handbooks in European Public Law)

The Max Planck Handbooks in European Public Law describe and analyze public law of the European legal space, an area that encompasses not only the law of the European Union but also the European Convention on Human Rights and, importantly, the domestic public laws of European states. Recognizing that the ongoing vertical and horizontal processes of European integration make legal comparison the task of our time for both scholars and practitioners, the series aims to foster the development of a specifically European legal pluralism and to contribute to the legitimacy and efficiency of European public law. The first volume of the series began this enterprise with an appraisal of the evolution of the state and its administration, offering both cross-cutting contributions and specific country reports. This second volume continues this approach with an in-depth appraisal of the foundations of the constitutional order in various and diverse European countries. Fourteen country reports investigate the antecedents, foundations, organization, basic principles, and challenges to European constitutions. They include countries with long-lasting and recently amended constitutions, decentralized or unitary, with different political systems and institutional settings. In keeping with the focus on a diverse but unified legal space, each report also details how the constitutional identity of each country has been elaborated and what it entails. Together, the chapters of this volume provide a strong and diverse foundation for a continuing European constitutional dialogue.

The Max Planck Handbooks in European Public Law: Volume IV: Constitutional Adjudication: Common Themes and Challenges (Max Planck Handbooks in European Public Law)

The Max Planck Handbooks in European Public Law series describes and analyzes the public law of the European legal space, an area that encompasses not only the law of the European Union but also the European Convention on Human Rights and, importantly, the domestic public laws of European states. Recognizing that the ongoing vertical and horizontal processes of European integration render legal comparison the task of our time for both scholars and practitioners, the project aims to foster a better understanding of the specific European legal pluralism and, ultimately, to contribute to the legitimacy and efficiency of European public law. The first volume of the series began this endeavour with an appraisal of the evolution of the state and its administration, offering both cross-cutting contributions and specific country reports. The third volume (the second in chronological terms) continues this approach with an in-depth appraisal of constitutional adjudication in various and diverse European countries. Fourteen country reports and two cross-cutting contributions investigate the antecedents, foundations, organization, procedure, and specific approach to constitutional issues throughout the Continent. The fourth volume now compares European constitutional jurisdiction in the European legal space. It examines the structures of the organization, the appointment of judges, the procedures and the methods of argumentation and interpretation, their impact on state and society, their legitimacy as well as their role in the division of powers, and thus completes the picture following the country reports in Volume III. This comparative perspective is supplemented by an examination that illustrates the relationship with the ECJ, the ECtHR, and the Venice Commission as well as their (constitutional) function. Finally, Constitutional Adjudication: Common Themes and Challenges is devoted to the challenges constitutional jurisdiction in the European judicial area is currently facing. The historical, political, and theoretical foundations as well as the basic dogmatic features of constitutional jurisdiction are presented in such a way that the discussion about its role and further development in this legal space is sustainably stimulated.

The Max Planck Handbooks in European Public Law: Volume II: Constitutional Foundations (Max Planck Handbooks in European Public Law)

The Max Planck Handbooks in European Public Law describe and analyze public law of the European legal space, an area that encompasses not only the law of the European Union but also the European Convention on Human Rights and, importantly, the domestic public laws of European states. Recognizing that the ongoing vertical and horizontal processes of European integration make legal comparison the task of our time for both scholars and practitioners, the series aims to foster the development of a specifically European legal pluralism and to contribute to the legitimacy and efficiency of European public law. The first volume of the series began this enterprise with an appraisal of the evolution of the state and its administration, offering both cross-cutting contributions and specific country reports. This second volume continues this approach with an in-depth appraisal of the foundations of the constitutional order in various and diverse European countries. Fourteen country reports investigate the antecedents, foundations, organization, basic principles, and challenges to European constitutions. They include countries with long-lasting and recently amended constitutions, decentralized or unitary, with different political systems and institutional settings. In keeping with the focus on a diverse but unified legal space, each report also details how the constitutional identity of each country has been elaborated and what it entails. Together, the chapters of this volume provide a strong and diverse foundation for a continuing European constitutional dialogue.

The Max Planck Handbooks in European Public Law: Volume IV: Constitutional Adjudication: Common Themes and Challenges (Max Planck Handbooks in European Public Law)

The Max Planck Handbooks in European Public Law series describes and analyzes the public law of the European legal space, an area that encompasses not only the law of the European Union but also the European Convention on Human Rights and, importantly, the domestic public laws of European states. Recognizing that the ongoing vertical and horizontal processes of European integration render legal comparison the task of our time for both scholars and practitioners, the project aims to foster a better understanding of the specific European legal pluralism and, ultimately, to contribute to the legitimacy and efficiency of European public law. The first volume of the series began this endeavour with an appraisal of the evolution of the state and its administration, offering both cross-cutting contributions and specific country reports. The third volume (the second in chronological terms) continues this approach with an in-depth appraisal of constitutional adjudication in various and diverse European countries. Fourteen country reports and two cross-cutting contributions investigate the antecedents, foundations, organization, procedure, and specific approach to constitutional issues throughout the Continent. The fourth volume now compares European constitutional jurisdiction in the European legal space. It examines the structures of the organization, the appointment of judges, the procedures and the methods of argumentation and interpretation, their impact on state and society, their legitimacy as well as their role in the division of powers, and thus completes the picture following the country reports in Volume III. This comparative perspective is supplemented by an examination that illustrates the relationship with the ECJ, the ECtHR, and the Venice Commission as well as their (constitutional) function. Finally, Constitutional Adjudication: Common Themes and Challenges is devoted to the challenges constitutional jurisdiction in the European judicial area is currently facing. The historical, political, and theoretical foundations as well as the basic dogmatic features of constitutional jurisdiction are presented in such a way that the discussion about its role and further development in this legal space is sustainably stimulated.

The Max Planck Handbooks in European Public Law: Volume III: Constitutional Adjudication: Institutions (Max Planck Handbooks in European Public Law)

The Max Planck Handbooks in European Public Law describe and analyse public law of the European legal space, an area that encompasses not only the law of the European Union but also the European Convention on Human Rights and, importantly, the domestic public laws of European states. Recognizing that the ongoing vertical and horizontal processes of European integration make legal comparison the task of our time for both scholars and practitioners, the series aims to foster the development of a specifically European legal pluralism and to contribute to the legitimacy and efficiency of European public law. The first volume of the series began this enterprise with an appraisal of the evolution of the state and its administration, offering both cross-cutting contributions and specific country reports. The third volume (the second in chronological terms) continues this approach with an in-depth appraisal of constitutional adjudication in various and diverse European countries. Fourteen country reports and two cross-cutting contributions investigate the antecedents, foundations, organization, procedure, and outlook of constitutional adjudicators throughout the Continent. They include countries with powerful constitutional courts, jurisdictions with traditional supreme courts, and states with small institutions and limited ex ante review. In keeping with the focus on a diverse but unified legal space, each report also details how its institution fits into the broader association of constitutional courts that, through dialogue and conflict, brings to fruition the European legal space. Together, the chapters of this volume provide a strong and diverse foundation for this dialogue to flourish.

Max Scheler’s Concept of the Person: An Ethics Of Humanism

Max Weber's Interpretive Sociology of Law

This book presents a clear and precise account of the structure and content of Max Weber's sociology of law: situating its methodological and epistemological specificity in relation to other approaches to the sociology of law; as well as offering a critical evaluation of Weber's usefulness for contemporary socio-legal research. The book is divided into three parts. The first part deals with the methodological foundations of Weber's sociology of law. The second analyses the central theme of this sociology, the rationalisation of law, from the perspective of its internal logical coherence, its empirical validity, and finally its legitimacy. The third part questions the present-day relevance of the Weberian sociology of law for socio-legal research, notably with regard to legal pluralism. Max Weber, it is demonstrated, is not merely a 'founding father' of the sociology of law; rather, his methodology, concepts, and empirical analyses remain highly useful to the further development of work in this area.

Max Weber's Vision for Bureaucracy: A Casualty of World War I

This volume examines Max Weber’s pre-World War I thinking about bureaucracy. It suggests that Weber’s vision shares common components with the highly efficient Prussian General Staff military bureaucracy developed by Clausewitz and Helmuth von Moltke. Weber did not believe that Germany’s other major institutions, the Civil Service, industry, or the army could deliver world class performances since he believed that they pursued narrow, selfish interests. However, following Weber’s death in 1920, the model published by his wife Marianne contained none of the military material about which Weber had written approvingly in the early chapters of Economy and Society. Glynn Cochrane concludes that Weber’s model was unlikely to include military material after the Versailles peace negotiations (in which Weber participated) outlawed the Prussian General Staff in 1919.

Maxima Moralia: Meditations on the Otherness of the Other

This book highlights the problem of one-dimensional, reductionistic life of the modern individual. An expression of crisis in our world, it discusses the imperative need to have a more comprehensive, non-reductionist life where the Other is incorporated, especially the relationship between the Other and the Self, based on virtues like love, empathy, equality, and compassion. The volume sheds light on how the world has forgone the art of living for a mutilated sense of well-being, the rise of conformity and complacency in human thought, and the lack of democratic dissent and citizenry responsibility in our contemporary societies, which is now characterized by mass immaturity, propelled by a process of thoughtlessness. It discusses how humans need to be aware of the life they lead, to think about Otherness of the Other not just as another virtue but also as a crucial element in the survival of humanity, for people to coexist with the world around them as equals. Furthermore, it advocates meaningful and thoughtful existence, in touch with the Nature we coexist with, to ensure that humanity is not robbed of its noble spirit as we live to survive in our techno-capitalist societies. An introspective read, this book will be of great interest to scholars and researchers of moral and ethical philosophy, political philosophy, and political science.

Maxima Moralia: Meditations on the Otherness of the Other

This book highlights the problem of one-dimensional, reductionistic life of the modern individual. An expression of crisis in our world, it discusses the imperative need to have a more comprehensive, non-reductionist life where the Other is incorporated, especially the relationship between the Other and the Self, based on virtues like love, empathy, equality, and compassion. The volume sheds light on how the world has forgone the art of living for a mutilated sense of well-being, the rise of conformity and complacency in human thought, and the lack of democratic dissent and citizenry responsibility in our contemporary societies, which is now characterized by mass immaturity, propelled by a process of thoughtlessness. It discusses how humans need to be aware of the life they lead, to think about Otherness of the Other not just as another virtue but also as a crucial element in the survival of humanity, for people to coexist with the world around them as equals. Furthermore, it advocates meaningful and thoughtful existence, in touch with the Nature we coexist with, to ensure that humanity is not robbed of its noble spirit as we live to survive in our techno-capitalist societies. An introspective read, this book will be of great interest to scholars and researchers of moral and ethical philosophy, political philosophy, and political science.

The Maximalist: The Rise and Fall of Tony O’Reilly

I am a maximalist … I want more of everything.’Tony O’Reilly strode into the twenty-first century an Irishman apart. Strikingly good-looking, athletically gifted, irresistibly charismatic and phenomenally wealthy, he had everything any man could want. For many, he was a hero, the living embodiment of Irish potential; for others, he was an arrogant and overbearing presence at the heart of power. Without doubt, he was the most powerful unelected Irishman of the past 50 years.His philosophy was simple: ‘I am a maximalist … I want more of everything.’But it was never enough. And today, O’Reilly’s empire and the formidable reputation it established lie in tatters.In this landmark biography, Matt Cooper draws on an abundance of new material, including interviews with many of O’Reilly’s closest family, friends, associates and rivals, to uncover the man behind the myth. An Irish epic, it documents in unflinching detail and with great subtlety the meteoric rise and slow unravelling of an Irish icon.