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Law’s Quandary
This lively book reassesses a century of jurisprudential thought from a fresh perspective, and points to a malaise that currently afflicts not only legal theory but law in general. Steven Smith argues that our legal vocabulary and methods of reasoning presuppose classical ontological commitments that were explicitly articulated by thinkers from Aquinas to Coke to Blackstone, and even by Joseph Story. But these commitments are out of sync with the world view that prevails today in academic and professional thinking. So our law-talk thus degenerates into "just words"--or a kind of nonsense. The diagnosis is similar to that offered by Holmes, the Legal Realists, and other critics over the past century, except that these critics assumed that the older ontological commitments were dead, or at least on their way to extinction; so their aim was to purge legal discourse of what they saw as an archaic and fading metaphysics. Smith's argument starts with essentially the same metaphysical predicament but moves in the opposite direction. Instead of avoiding or marginalizing the "ultimate questions," he argues that we need to face up to them and consider their implications for law.
Pagans and Christians in the City
Traditionalist Christians who oppose same-sex marriage and other cultural developments in the United States wonder why they are being forced to bracket their beliefs in order to participate in public life. This situation is not new, says Steven D. Smith: Christians two thousand years ago faced very similar challenges. Picking up poet T. S. Eliot’s World War II–era thesis that the future of the West would be determined by a contest between Christianity and “modern paganism,” Smith argues in this book that today’s culture wars can be seen as a reprise of the basic antagonism that pitted pagans against Christians in the Roman Empire. Smith’s Pagans and Christians in the City looks at that historical conflict and explores how the same competing ideas continue to clash today. All of us, Smith shows, have much to learn by observing how patterns from ancient history are reemerging in today’s most controversial issues.
Fictions, Lies, and the Authority of Law
Fictions, Lies, and the Authority of Law discusses legal, political, and cultural difficulties that arise from the crisis of authority in the modern world. Is there any connection linking some of the maladies of modern life??cancel culture,? the climate of mendacity in public and academic life, fierce conflicts over the Constitution, disputes over presidential authority? Fiction, Lies, and the Authority of Law argues that these diverse problems are all a consequence of what Hannah Arendt described as the disappearance of authority in the modern world. In this perceptive study, Steven D. Smith offers a diagnosis explaining how authority today is based in pervasive fictions and how this situat...
The Disenchantment of Secular Discourse
"This book presses us to look harder at closely held beliefs and to question deeply rooted premises and commitments with which we are perhaps too comfortable."---Richard W Garnett Noire Dame Law School --
Foreordained Failure
Ever since the Supreme Court began enforcing the First Amendment's religion clauses in the 1940s, courts and scholars have tried to distill the meaning of those clauses into a useable principle of religious freedom. In Foreordained Failure, Smith argues that efforts to find a principle of religious freedom in the "original meaning" are futile, but not because the original meaning is irrecoverable. The difficulty is that the religion clauses were not originally intended to approve any principle or right of religious freedom. Rather, the clauses were purely jurisdictional in nature; they were intended to do nothing more than confirm that authority over questions of religion remained with the states. This work will be of great interest to law scholars, lawyers, judges, and other readers concerned with the subject of religious freedom.
Boozers, Ballcocks and Bail
When Steve and his partner Wilf set up their legal practice, they aren?t expecting the high life ? 1980s Rotherham Magistrate?s Court is no Old Bailey. But they aren?t expecting such weird and wonderful lowlifes, either...Boozers, Ballcocks & Bailis the first of legendary criminal lawyer Steve Smith?s comic series, in which Steve recounts with gusto their sometimes hilarious, sometimes tragic and sometimes plain bizarre experiences both in and outside thecriminal justice system, and the colourful characters they meet along the way.From incurably lacenous but oddly likeable Jack Heptonstall to the Bird Man of Rotherham ? not to mention Spider, Pagey and an incontinent chimpanzee ? the 'legal James Herriot? takes the reader on a rollercoaster of laughter and tears as he depicts human nature at its best ? and worst.
Wandering Through the White Mountains
In 42 articles covering a wide range of topics a veteran hiker and guidebook author shares his experiences from over a quarter-century of hiking in the Whites.--[Source inconnue].
The Disenchantment of Secular Discourse
"This book presses us to look harder at closely held beliefs and to question deeply rooted premises and commitments with which we are perhaps too comfortable."---Richard W Garnett Noire Dame Law School --
Collected Works on Religious Liberty, Vol. 1
One of the most respected and influential scholars of religious liberty in our time, Douglas Laycock has argued many crucial religious liberty cases in the U.S. appellate courts and Supreme Court. His noteworthy scholarly and popular writings are being collected in four comprehensive volumes under the title Religious Liberty. This first volume gives the big picture of religious liberty in the United States, fitting a vast range of disparate disputes into a coherent pattern - from public school prayers to private school vouchers to regulation of churches and believers. Laycock's clear overviews provide the broad, historical, helpful context often lacking in today's press.
The Tragedy of Religious Freedom
Legal scholars expect to resolve religious dilemmas according to principles of equality, neutrality, or separation of church and state. But such abstractions fail to do justice to the clashing values in today’s pluralistic society. Marc DeGirolami explains why conflicts implicating religious liberty are so emotionally fraught and deeply contested.
