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Free Speech and Human Dignity
Debates over hate speech, pornography, and other sorts of controversial speech raise issues that go to the core of the First Amendment. Supporters of regulation argue that these forms of expression cause serious injury to individuals and groups, assaultin
Addiction
In a book sure to inspire controversy, Gene Heyman argues that conventional wisdom about addictionÑthat it is a disease, a compulsion beyond conscious controlÑis wrong. Drawing on psychiatric epidemiology, addictsÕ autobiographies, treatment studies, and advances in behavioral economics, Heyman makes a powerful case that addiction is voluntary. He shows that drug use, like all choices, is influenced by preferences and goals. But just as there are successful dieters, there are successful ex-addicts. In fact, addiction is the psychiatric disorder with the highest rate of recovery. But what ends an addiction? At the heart of HeymanÕs analysis is a startling view of choice and motivation tha...
The Hero Gene
Climate change hasn't killed me yet. It's the year 2032. Fires and storms ravage the planet, but thanks to the world's young people taking action, humanity still has hope. I want to be a regular teenager - but I have a rare condition - solar narcolepsy. I think I'm an alien. My dad's a world-renown climate scientist. I know all about Dad's work. When strange volcanic activity triggers a dramatic warming event in the Tonga Trench, Dad went to investigate. He disappeared. Then? something attacked me. I'm on the run - alone and scared. I need to find my dad - on the other side of the world! And "Something" is trying to kill me. What a ride! Very enjoyable! Congratulations on creating a likable climate change superhero. Tom Flood, Miles Franklin award-winning author.
Liberal Democracy and the Limits of Tolerance
An irony inherent in all political systems is that the principles that underlie and characterize them can also endanger and destroy them. This collection examines the limits that need to be imposed on democracy, liberty, and tolerance in order to ensure the survival of the societies that cherish them. The essays in this volume consider the philosophical difficulties inherent in the concepts of liberty and tolerance; at the same time, they ponder practical problems arising from the tensions between the forces of democracy and the destructive elements that take advantage of liberty to bring harm that undermines democracy. Written in the wake of the assasination of Yitzhak Rabin, this volume is...
The Philosophy of Law
From articles centering on the detailed and doctrinal exposition of the law to those which reside almost wholly within the realm of philosophical ethics, this volume affords comprehensive treatment to both sides of the philosophico-legal equation. Systematic and sustained coverage of the many dimensions of legal thought gives ample expression to the true breadth and depth of the philosophy of law, with coverage of: The modes of knowing and the kinds of normativity used in the law; Studies in international, constitutional, criminal, administrative, persons and property, contracts and tort law-including their historical origins and worldwide ramifications; Current legal cultures such as common law and civilian, European, and Aboriginal; Influential jurisprudents and their biographies; All influential schools and methods
The Eminent Domain Revolt
Twist the Constitution and you can un-do decades of work sustaining the right to housing. What is the "public interest"? A legal expert analyzes recent legislative proposals and presents a new argument for housing rights.
The First Amendment
Buy a new version of this textbook and receive access to the Connected eBook on CasebookConnect, including: lifetime access to the online ebook with highlight, annotation, and search capabilities, plus an outline tool and other helpful resources. Connected eBooks provide what you need most to be successful in your law school classes. The First Amendment: Cases and Theory, Fourth Edition is a comprehensive and up to date First Amendment casebook that covers freedom of speech, freedom of association, and religious liberties. The First Amendment: Cases and Theory, Fourth Edition, uses the case method to elucidate theory and doctrine. In an area rife with multi-factor tests, mastery of First Ame...
On the Spirit of Rights
By the end of the eighteenth century, politicians in America and France were invoking the natural rights of man to wrest sovereignty away from kings and lay down universal basic entitlements. Exactly how and when did “rights” come to justify such measures? In On the Spirit of Rights, Dan Edelstein answers this question by examining the complex genealogy of the rights that regimes enshrined in the American and French Revolutions. With a lively attention to detail, he surveys a sprawling series of debates among rulers, jurists, philosophers, political reformers, writers, and others who were all engaged in laying the groundwork for our contemporary systems of constitutional governance. Every seemingly new claim about rights turns out to be a variation on a theme, as late medieval notions were subtly repeated and refined to yield the talk of “rights” we recognize today. From the Wars of Religion to the French Declaration of the Rights of Man and of the Citizen to the 1948 Universal Declaration of Human Rights, On the Spirit of Rights is a sweeping tour through centuries of European intellectual history and an essential guide to our ways of thinking about human rights today.
Extreme Speech and Democracy
A commitment to free speech is a fundamental precept of all liberal democracies. However, democracies can differ significantly when addressing the constitutionality of laws regulating certain kinds of speech. In the United States, for instance, the commitment to free speech under the First Amendment has been held by the Supreme Court to protect the public expression of the most noxious racist ideology and hence to render unconstitutional even narrow restrictions on hate speech. In contrast, governments have been accorded considerable leeway to restrict racist and other extreme expression in almost every other democracy, including Canada, the United Kingdom, and other European countries. This...
Dimensions of Dignity
Offers a public law theory that elaborates the idea of human dignity to illuminate and justify innovations in constitutional practice.
