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Confronting Torture: Essays on the Ethics, Legality, History, and Psychology of Torture Today
by Scott A. Anderson Martha C. NussbaumTorture has lately become front page news, featured in popular movies and TV shows, and a topic of intense public debate. It grips our imagination, in part because torturing someone seems to be an unthinkable breach of humanity—theirs and ours. And yet, when confronted with horrendous events in war, or the prospect of catastrophic damage to one’s own country, many come to wonder whether we can really afford to abstain entirely from torture. Before trying to tackle this dilemma, though, we need to see torture as a multifaceted problem with a long history and numerous ethical and legal aspects. Confronting Torture offers a multidisciplinary investigation of this wrenching topic. Editors Scott A. Anderson and Martha C. Nussbaum bring together a diversity of scholars to grapple with many of torture’s complexities, including: How should we understand the impetus to use torture? Why does torture stand out as a particularly heinous means of war-fighting? Are there any sound justifications for the use of torture? How does torture affect the societies that employ it? And how can we develop ethical or political bulwarks to prevent its use? The essays here resist the temptation to oversimplify torture, drawing together work from scholars in psychology, history, sociology, law, and philosophy, deepening and broadening our grasp of the subject. Now, more than ever, torture is something we must think about; this important book offers a diversity of timely, constructive responses on this resurgent and controversial subject.
Confronting Torture: Essays on the Ethics, Legality, History, and Psychology of Torture Today
by Scott A. Anderson Martha C. NussbaumTorture has lately become front page news, featured in popular movies and TV shows, and a topic of intense public debate. It grips our imagination, in part because torturing someone seems to be an unthinkable breach of humanity—theirs and ours. And yet, when confronted with horrendous events in war, or the prospect of catastrophic damage to one’s own country, many come to wonder whether we can really afford to abstain entirely from torture. Before trying to tackle this dilemma, though, we need to see torture as a multifaceted problem with a long history and numerous ethical and legal aspects. Confronting Torture offers a multidisciplinary investigation of this wrenching topic. Editors Scott A. Anderson and Martha C. Nussbaum bring together a diversity of scholars to grapple with many of torture’s complexities, including: How should we understand the impetus to use torture? Why does torture stand out as a particularly heinous means of war-fighting? Are there any sound justifications for the use of torture? How does torture affect the societies that employ it? And how can we develop ethical or political bulwarks to prevent its use? The essays here resist the temptation to oversimplify torture, drawing together work from scholars in psychology, history, sociology, law, and philosophy, deepening and broadening our grasp of the subject. Now, more than ever, torture is something we must think about; this important book offers a diversity of timely, constructive responses on this resurgent and controversial subject.
Confronting Torture: Essays on the Ethics, Legality, History, and Psychology of Torture Today
by Scott A. Anderson Martha C. NussbaumTorture has lately become front page news, featured in popular movies and TV shows, and a topic of intense public debate. It grips our imagination, in part because torturing someone seems to be an unthinkable breach of humanity—theirs and ours. And yet, when confronted with horrendous events in war, or the prospect of catastrophic damage to one’s own country, many come to wonder whether we can really afford to abstain entirely from torture. Before trying to tackle this dilemma, though, we need to see torture as a multifaceted problem with a long history and numerous ethical and legal aspects. Confronting Torture offers a multidisciplinary investigation of this wrenching topic. Editors Scott A. Anderson and Martha C. Nussbaum bring together a diversity of scholars to grapple with many of torture’s complexities, including: How should we understand the impetus to use torture? Why does torture stand out as a particularly heinous means of war-fighting? Are there any sound justifications for the use of torture? How does torture affect the societies that employ it? And how can we develop ethical or political bulwarks to prevent its use? The essays here resist the temptation to oversimplify torture, drawing together work from scholars in psychology, history, sociology, law, and philosophy, deepening and broadening our grasp of the subject. Now, more than ever, torture is something we must think about; this important book offers a diversity of timely, constructive responses on this resurgent and controversial subject.
Confronting Torture: Essays on the Ethics, Legality, History, and Psychology of Torture Today
by Scott Anderson Martha C. NussbaumTorture has lately become front page news, featured in popular movies and TV shows, and a topic of intense public debate. It grips our imagination, in part because torturing someone seems to be an unthinkable breach of humanity—theirs and ours. And yet, when confronted with horrendous events in war, or the prospect of catastrophic damage to one’s own country, many come to wonder whether we can really afford to abstain entirely from torture. Before trying to tackle this dilemma, though, we need to see torture as a multifaceted problem with a long history and numerous ethical and legal aspects. Confronting Torture offers a multidisciplinary investigation of this wrenching topic. Editors Scott A. Anderson and Martha C. Nussbaum bring together a diversity of scholars to grapple with many of torture’s complexities, including: How should we understand the impetus to use torture? Why does torture stand out as a particularly heinous means of war-fighting? Are there any sound justifications for the use of torture? How does torture affect the societies that employ it? And how can we develop ethical or political bulwarks to prevent its use? The essays here resist the temptation to oversimplify torture, drawing together work from scholars in psychology, history, sociology, law, and philosophy, deepening and broadening our grasp of the subject. Now, more than ever, torture is something we must think about; this important book offers a diversity of timely, constructive responses on this resurgent and controversial subject.
Confronting Torture: Essays on the Ethics, Legality, History, and Psychology of Torture Today
Torture has lately become front page news, featured in popular movies and TV shows, and a topic of intense public debate. It grips our imagination, in part because torturing someone seems to be an unthinkable breach of humanity—theirs and ours. And yet, when confronted with horrendous events in war, or the prospect of catastrophic damage to one’s own country, many come to wonder whether we can really afford to abstain entirely from torture. Before trying to tackle this dilemma, though, we need to see torture as a multifaceted problem with a long history and numerous ethical and legal aspects. Confronting Torture offers a multidisciplinary investigation of this wrenching topic. Editors Scott A. Anderson and Martha C. Nussbaum bring together a diversity of scholars to grapple with many of torture’s complexities, including: How should we understand the impetus to use torture? Why does torture stand out as a particularly heinous means of war-fighting? Are there any sound justifications for the use of torture? How does torture affect the societies that employ it? And how can we develop ethical or political bulwarks to prevent its use? The essays here resist the temptation to oversimplify torture, drawing together work from scholars in psychology, history, sociology, law, and philosophy, deepening and broadening our grasp of the subject. Now, more than ever, torture is something we must think about; this important book offers a diversity of timely, constructive responses on this resurgent and controversial subject.
A Confucian Analysis on the Evolution of Chinese Patent Law System
by Nan ZhangThis book comprehensively discusses the main features of the Chinese patent law system, which not only legally ‘transplants’ international treaties into the Chinese context, but also maintains China’s legal culture and promotes domestic economic growth. This is the basis for encouraging creativity and improving patent law protection in China. The book approaches the evolution of the Chinese patent system through the ancient Chinese philosopher Confucius’s classic principle, offering readers a fresh new way to understand and analyze Chinese patent law reforms, while also outlining how Confucian insights could be used to improve the enforcement of patent law and overall intellectual property protection awareness in China. It examines ancient Chinese innovation history, explores intellectual property from a Confucian perspective, and discusses the roots of Chinese patent law, as well as the past three amendments and the trends in the ongoing fourth amendment. In addition to helping readers grasp the mentality behind the Chinese approach to patent law and patent protection, the book provides an alternative research methodology and philosophical approach by demonstrating Confucian analysis, which provides a more dynamic way to justify intellectual property in the academic world. Lastly, it suggests future strategies for local industries in the legal, cultural and sociological sectors in China, which provide benefits for domestic and overseas patent holders alike. The book offers a valuable asset for graduate students and researchers on China and intellectual property law, as well as general readers interested in Asian culture and the philosophy of law.
Confucian Bioethics (Philosophy and Medicine #61)
by Ruiping FanThis volume explores Confucian views regarding the human body, health, virtue, suffering, suicide, euthanasia, `human drugs,' human experimentation, and justice in health care distribution. These views are rooted in Confucian metaphysical, cosmological, and moral convictions, which stand in contrast to modern Western liberal perspectives in a number of important ways. In the contemporary world, a wide variety of different moral traditions flourish; there is real moral diversity. Given this circumstance, difficult and even painful ethical conflicts often occur between the East and the West with regard to the issues of life, birth, reproduction, and death. The essays in this volume analyze the ways in which Confucian bioethics can clarify important moral concepts, provide arguments, and offer ethical guidance. The volume should be of interest to both general readers coming afresh to the study of bioethics, ethics, and Confucianism, as well as for philosophers, ethicists, and other scholars already familiar with the subject.
Confucian Capitalism: Shibusawa Eiichi, Business Ethics, and Economic Development in Meiji Japan (Palgrave Studies in Economic History)
by John H. SagersWith the life story of Shibusawa Eiichi (1840–1931), one of the most important financiers and industrialists in modern Japanese history, as its narrative focal point, this book explores the challenges of importing modern business enterprises to Japan, where the pursuit of profit was considered beneath the dignity of the samurai elite. Seeking to overturn the Tokugawa samurai-dominated political economy after the Meiji Restoration, Shibusawa was a pioneer in introducing joint-stock corporations to Japan as institutions of economic development. As the entrepreneurial head of Tokyo’s Dai-Ichi Bank, he helped launch modern enterprises in such diverse industries as banking, shipping, textiles, paper, beer, and railroads. Believing businesses should be both successful and serve the national interest, Shibusawa regularly cautioned against the pursuit of profit alone. He insisted instead on the ‘unity of morality and economy’ following business ethics derived from the Confucian Analects. A top leader in Japan’s business community for decades, Shibusawa contributed to founding the Tokyo Stock Exchange, the Tokyo Chamber of Commerce, and numerous educational and philanthropic organizations to promote his vision of Confucian capitalism. This volume marks an important contribution to the international debate on the extent to which capitalist enterprises have a responsibility to serve and benefit the societies in which they do business. Shibusawa's story demonstrates that business, government, trade associations, and educational institutions all have valuable roles to play in establishing a political economy that is both productive and humane.
Confucian Capitalism: Shibusawa Eiichi, Business Ethics, and Economic Development in Meiji Japan (Palgrave Studies in Economic History)
by John H. SagersWith the life story of Shibusawa Eiichi (1840–1931), one of the most important financiers and industrialists in modern Japanese history, as its narrative focal point, this book explores the challenges of importing modern business enterprises to Japan, where the pursuit of profit was considered beneath the dignity of the samurai elite. Seeking to overturn the Tokugawa samurai-dominated political economy after the Meiji Restoration, Shibusawa was a pioneer in introducing joint-stock corporations to Japan as institutions of economic development. As the entrepreneurial head of Tokyo’s Dai-Ichi Bank, he helped launch modern enterprises in such diverse industries as banking, shipping, textiles, paper, beer, and railroads. Believing businesses should be both successful and serve the national interest, Shibusawa regularly cautioned against the pursuit of profit alone. He insisted instead on the ‘unity of morality and economy’ following business ethics derived from the Confucian Analects. A top leader in Japan’s business community for decades, Shibusawa contributed to founding the Tokyo Stock Exchange, the Tokyo Chamber of Commerce, and numerous educational and philanthropic organizations to promote his vision of Confucian capitalism. This volume marks an important contribution to the international debate on the extent to which capitalist enterprises have a responsibility to serve and benefit the societies in which they do business. Shibusawa's story demonstrates that business, government, trade associations, and educational institutions all have valuable roles to play in establishing a political economy that is both productive and humane.
Confucian Constitutionalism in East Asia (Routledge Law in Asia)
by Bui Ngoc SonWestern liberal constitutionalism has expanded recently, with, in East Asia, the constitutional systems of Japan, South Korea and Taiwan based on Western principles, and with even the socialist polities of China and Vietnam having some regard to such principles. Despite the alleged universal applicability of Western constitutionalism, however, the success of any constitutional system depends in part on the cultural values, customs and traditions of the country into which the constitutional system is planted. This book explains how the values, customs and traditions of East Asian countries are Confucian, and discusses how this is relevant to constitutional practice in the region. The book outlines how constitutionalism has developed in East Asia over a long period, considers different scholarly work on the ease or difficulty of integrating Western constitutionalism into countries with a Confucian outlook, and examines the prospects for such integration going forward. Throughout, the book covers detailed aspects of Confucianism and the workings of constitutions in practice.
Confucian Constitutionalism in East Asia (Routledge Law in Asia)
by Bui Ngoc SonWestern liberal constitutionalism has expanded recently, with, in East Asia, the constitutional systems of Japan, South Korea and Taiwan based on Western principles, and with even the socialist polities of China and Vietnam having some regard to such principles. Despite the alleged universal applicability of Western constitutionalism, however, the success of any constitutional system depends in part on the cultural values, customs and traditions of the country into which the constitutional system is planted. This book explains how the values, customs and traditions of East Asian countries are Confucian, and discusses how this is relevant to constitutional practice in the region. The book outlines how constitutionalism has developed in East Asia over a long period, considers different scholarly work on the ease or difficulty of integrating Western constitutionalism into countries with a Confucian outlook, and examines the prospects for such integration going forward. Throughout, the book covers detailed aspects of Confucianism and the workings of constitutions in practice.
Confucian Ethics in Western Discourse
by Wai-Ying WongConfucian Ethics in Western Discourse brings Chinese philosophers into dialogue with contemporary moral philosophers, identifying how ancient Chinese philosophy can contribute to Western discussions of moral philosophy. Covering the characteristics and significance of the Confucian ethical tradition, this study introduces the main concepts, discusses differing perspectives of moral dilemmas and closely examines whether Confucian ethics should be considered as virtue ethics in the Western tradition. Through analysis of the meaning of virtues in Confucian ethics it draws comparison with virtues in Aristotlelian moral philosophy, and offers an in-depth review of the thought of Cheng Brothers in the Song Dynasty, shedding light on current ethical issues. With careful textual studies and philosophical perceptiveness, Confucian Ethics in Western Discourse connects ancient Chinese thought and contemporary problems in Western philosophy.
Confucian Ethics in Western Discourse
by Wai-Ying WongConfucian Ethics in Western Discourse brings Chinese philosophers into dialogue with contemporary moral philosophers, identifying how ancient Chinese philosophy can contribute to Western discussions of moral philosophy. Covering the characteristics and significance of the Confucian ethical tradition, this study introduces the main concepts, discusses differing perspectives of moral dilemmas and closely examines whether Confucian ethics should be considered as virtue ethics in the Western tradition. Through analysis of the meaning of virtues in Confucian ethics it draws comparison with virtues in Aristotlelian moral philosophy, and offers an in-depth review of the thought of Cheng Brothers in the Song Dynasty, shedding light on current ethical issues. With careful textual studies and philosophical perceptiveness, Confucian Ethics in Western Discourse connects ancient Chinese thought and contemporary problems in Western philosophy.
The Confucian Misgivings--Liang Shu-ming’s Narrative About Law
by Zhangrun XuThe major intellectual interest throughout this book is to offer a study on China's legal legacy, through Liang Shu-ming's eyes. The book follows the formula of the parallel between Life and Mind (人生与人心), Physis and Nomos, and compares Liang Shu-ming's narrative with his own practical orientation and with the theories of other interlocutors. The book puts Liang Shu-ming into the social context of modern Chinese history, in particular, the context of the unprecedented crisis of meaning in the legal realm and the collapse of a transcendental source for Chinese cultural identity in the light of modernity. The evaluation provided by this narrative could be helpful in clarifying the deep structures and significance of the present Chinese legal system through historically exploring Liang Shu-ming's misgivings. The book is intended for academics of legal, history and cultural studies. The book is unique in that it is the first book to explore New Confucian's considerations on reconstruction of Chinese legal system in the modern era. It presents a comprehensive systematical comparison of Liang Shu-ming's narrative about constitutional government in China against other schools of thought.
Confucian Political Ethics (Ethikon Series in Comparative Ethics)
by Daniel A. BellFor much of the twentieth century, Confucianism was condemned by Westerners and East Asians alike as antithetical to modernity. Internationally renowned philosophers, historians, and social scientists argue otherwise in Confucian Political Ethics. They show how classical Confucian theory--with its emphasis on family ties, self-improvement, education, and the social good--is highly relevant to the most pressing dilemmas confronting us today. Drawing upon in-depth, cross-cultural dialogues, the contributors delve into the relationship of Confucian political ethics to contemporary social issues, exploring Confucian perspectives on civil society, government, territorial boundaries and boundaries of the human body and body politic, and ethical pluralism. They examine how Confucianism, often dismissed as backwardly patriarchal, can in fact find common ground with a range of contemporary feminist values and need not hinder gender equality. And they show how Confucian theories about war and peace were formulated in a context not so different from today's international system, and how they can help us achieve a more peaceful global community. This thought-provoking volume affirms the enduring relevance of Confucian moral and political thinking, and will stimulate important debate among policymakers, researchers, and students of politics, philosophy, applied ethics, and East Asian studies. The contributors are Daniel A. Bell, Joseph Chan, Sin Yee Chan, Chenyang Li, Richard Madsen, Ni Lexiong, Peter Nosco, Michael Nylan, Henry Rosemont, Jr., and Lee H. Yearley.
Confucian Political Ethics (PDF)
by Daniel A. BellFor much of the twentieth century, Confucianism was condemned by Westerners and East Asians alike as antithetical to modernity. Internationally renowned philosophers, historians, and social scientists argue otherwise in Confucian Political Ethics. They show how classical Confucian theory--with its emphasis on family ties, self-improvement, education, and the social good--is highly relevant to the most pressing dilemmas confronting us today. Drawing upon in-depth, cross-cultural dialogues, the contributors delve into the relationship of Confucian political ethics to contemporary social issues, exploring Confucian perspectives on civil society, government, territorial boundaries and boundaries of the human body and body politic, and ethical pluralism. They examine how Confucianism, often dismissed as backwardly patriarchal, can in fact find common ground with a range of contemporary feminist values and need not hinder gender equality. And they show how Confucian theories about war and peace were formulated in a context not so different from today's international system, and how they can help us achieve a more peaceful global community. This thought-provoking volume affirms the enduring relevance of Confucian moral and political thinking, and will stimulate important debate among policymakers, researchers, and students of politics, philosophy, applied ethics, and East Asian studies. The contributors are Daniel A. Bell, Joseph Chan, Sin Yee Chan, Chenyang Li, Richard Madsen, Ni Lexiong, Peter Nosco, Michael Nylan, Henry Rosemont, Jr., and Lee H. Yearley.
Confucius and the Modern World (Routledge Studies in Contemporary Chinese Philosophy)
by Lai ChenThis book represents the cutting edge of theoretical works on Confucianism. Starting from Confucianism’s comeback in modern China and ending with the proposal of the new philosophical concept of “multiple universality” in the face of the world culture, the author conducts an in-depth analysis and discussion of many facets of the relationship between Confucianism, Confucian traditions and the modern world culture. It has a focused theme and a strong sense of contemporaneity, and responds to the current challenges confronting Confucianism from the perspective of modern culture. The chapters not only elucidate the Confucian position in the face of challenges of global ethics, dialogues on human rights, and ecological civilization, but also provide a modern interpretation of classical Confucian ideas on education, politics and ritual politics as well as an analysis of the development of modern Confucianism. All in all, this work is a comprehensive exposition of the Confucian values and their modern implications.
Confucius and the Modern World (Routledge Studies in Contemporary Chinese Philosophy)
by Lai ChenThis book represents the cutting edge of theoretical works on Confucianism. Starting from Confucianism’s comeback in modern China and ending with the proposal of the new philosophical concept of “multiple universality” in the face of the world culture, the author conducts an in-depth analysis and discussion of many facets of the relationship between Confucianism, Confucian traditions and the modern world culture. It has a focused theme and a strong sense of contemporaneity, and responds to the current challenges confronting Confucianism from the perspective of modern culture. The chapters not only elucidate the Confucian position in the face of challenges of global ethics, dialogues on human rights, and ecological civilization, but also provide a modern interpretation of classical Confucian ideas on education, politics and ritual politics as well as an analysis of the development of modern Confucianism. All in all, this work is a comprehensive exposition of the Confucian values and their modern implications.
Confusion of Tongues: A Theory of Normative Language (Oxford Moral Theory)
by Stephen FinlayCan normative words like "good," "ought," and "reason" be defined in entirely non-normative terms? Confusion of Tongues argues that they can, advancing a new End-Relational theory of the meaning of this language as providing the best explanation of the many different ways it is ordinarily used. Philosophers widely maintain that analyzing normative language as describing facts about relations cannot account for special features of particularly moral and deliberative uses of normative language, but Stephen Finlay argues that the End-Relational theory systematically explains these on the basis of a single fundamental principle of conversational pragmatics. These challenges comprise the central problems of metaethics, including the connection between normative judgment and motivation, the categorical character of morality, the nature of intrinsic value, and the possibility of normative disagreement. Finlay's linguistic analysis has deep implications for the metaphysics, epistemology, and psychology of morality, as well as for the nature and possibility of normative ethical theory. Most significantly it supplies a nuanced answer to the ancient Euthyphro Question of whether we desire things because we judge them good, or vice versa. Normative speech and thought may ultimately be just a manifestation of our nature as intelligent animals motivated by contingent desires for various conflicting ends.
The Confusion Test in European Trade Mark Law
by Ilanah Fhima Dev S. GangjeeHistorically, likelihood of confusion has been the core infringement test for trade mark law, and it remains the most frequently applied test in infringement actions by far. However, there are noticeable differences in how it is applied by the Court of Justice of the European Union (CJEU), the General Court, and national courts; and questionable outcomes when it is applied in novel situations. This book is the first comprehensive and systematic account of the confusion test within the harmonised European trade mark system. It considers how the test is applied by national trade mark registries across EU member states, by the European Union Intellectual Property Office (EUIPO), by national courts, and by the CJEU. It offers practical guidance, while also evaluating the viability of more recent developments such as initial-interest confusion, post-sale confusion and consumer responses to uses of trade marks on the internet. The book analyses three distinct strata of legal doctrine: the decisions of the CJEU, including the General Court; the extensive body of decisions by EUIPO; and the application of harmonised trade mark law by courts of member states, focusing on leading decisions as well as wayward ones. It also draws upon the legal position in the US to illuminate these issues.
The Confusion Test in European Trade Mark Law
by Ilanah Fhima Dev S. GangjeeHistorically, likelihood of confusion has been the core infringement test for trade mark law, and it remains the most frequently applied test in infringement actions by far. However, there are noticeable differences in how it is applied by the Court of Justice of the European Union (CJEU), the General Court, and national courts; and questionable outcomes when it is applied in novel situations. This book is the first comprehensive and systematic account of the confusion test within the harmonised European trade mark system. It considers how the test is applied by national trade mark registries across EU member states, by the European Union Intellectual Property Office (EUIPO), by national courts, and by the CJEU. It offers practical guidance, while also evaluating the viability of more recent developments such as initial-interest confusion, post-sale confusion and consumer responses to uses of trade marks on the internet. The book analyses three distinct strata of legal doctrine: the decisions of the CJEU, including the General Court; the extensive body of decisions by EUIPO; and the application of harmonised trade mark law by courts of member states, focusing on leading decisions as well as wayward ones. It also draws upon the legal position in the US to illuminate these issues.
The Congress (Student Guides to American Government and Politics)
by Gary Lee Malecha Daniel J. ReaganThis work will provide an authoritative and illuminating overview of the U.S. Congress, from the history of the Senate and the House of Representatives to the rules, procedures, and traditions that govern its operations and lawmaking.This volume provides a comprehensive survey of the history and inner workings of the United States Congress, the legislative branch of the federal government. It will explain its relationship to the other two branches of government (executive and judicial), detail the unique structures, responsibilities, and procedures of both houses of Congress, discuss major historical events and controversies, highlight particularly influential leaders in Congress from the earliest days of the Republic to the present, and show readers how the priorities of the U.S. Congress shift depending on whether it is held by the Democratic or Republican party.This book is part of ABC-CLIO's Student Guides to American Government and Politics series. Each volume in the series provides a student-friendly introduction to a distinct component of American governmental institutions and processes and shows how it pertains to American politics and the rights and responsibilities of citizenship.
The Congress (Student Guides to American Government and Politics)
by Gary Lee Malecha Daniel J. ReaganThis work will provide an authoritative and illuminating overview of the U.S. Congress, from the history of the Senate and the House of Representatives to the rules, procedures, and traditions that govern its operations and lawmaking.This volume provides a comprehensive survey of the history and inner workings of the United States Congress, the legislative branch of the federal government. It will explain its relationship to the other two branches of government (executive and judicial), detail the unique structures, responsibilities, and procedures of both houses of Congress, discuss major historical events and controversies, highlight particularly influential leaders in Congress from the earliest days of the Republic to the present, and show readers how the priorities of the U.S. Congress shift depending on whether it is held by the Democratic or Republican party.This book is part of ABC-CLIO's Student Guides to American Government and Politics series. Each volume in the series provides a student-friendly introduction to a distinct component of American governmental institutions and processes and shows how it pertains to American politics and the rights and responsibilities of citizenship.
Congress, the Supreme Court, and Religious Liberty: The Case of City of Boerne v. Flores
by J. WaltmanIn the case City of Boerne v. Flores, the Supreme Court struck down the Religious Freedom Restoration Act of 1993. Waltman offers the first book-length analysis of the act to show how this case contributes to an intense legal debate still ongoing today: Can and should the Supreme Court be the exclusive interpreter of the Constitution?
The Congressional Black Caucus, Minority Voting Rights, and the U.S. Supreme Court
by Christina RiversBoth the U.S. Supreme Court and the Congressional Black Caucus (CBC) claim to advocate minority political interests, yet they disagree over the intent and scope of the Voting Rights Act (VRA), as well as the interpretation of the equal protection clause of the 14th Amendment. Whereas the Court promotes color-blind policies, the CBC advocates race-based remedies. Setting this debate in the context of the history of black political thought, Rivers examines a series of high-profile districting cases, from Rodgers v. Lodge (1982) through NAMUDNO v. Holder (2009). She evaluates the competing approaches to racial equality and concludes, surprisingly, that an originalist, race-conscious interpretation of the 14th Amendment, along with a revised states' rights position regarding electoral districting, may better serve minority political interests.