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This book argues that the Constitution has a dual nature. The first aspect, on which legal scholars have focused, is the degree to which the Constitution acts as a binding set of rules that can be neutrally interpreted and externally enforced by the courts against government actors. This is the process of constitutional interpretation. But according to Keith Whittington, the Constitution also permeates politics itself, to guide and constrain political actors in the very process of making public policy. In so doing, it is also dependent on political actors, both to formulate authoritative constitutional requirements and to enforce those fundamental settlements in the future. Whittington chara...
In this groundbreaking work, leading philosophers, legal theorists, bioethicists, and policy makers offer incisive looks into the philosophical and moral foundations of disability law and policy.
Comparative Capital Punishment offers a set of in-depth, critical and comparative contributions addressing death practices around the world. Despite the dramatic decline of the death penalty in the last half of the twentieth century, capital punishment remains in force in a substantial number of countries around the globe. This research handbook explores both the forces behind the stunning recent rejection of the death penalty, as well as the changing shape of capital practices where it is retained. The expert contributors address the social, political, economic, and cultural influences on both retention and abolition of the death penalty and consider the distinctive possibilities and pathways to worldwide abolition.
David Lewis's untimely death on 14 October 2001 deprived the philosophical community of one of the outstanding philosophers of the 20th century. As many obituaries remarked, Lewis has an undeniable place in the history of analytical philosophy. His work defines much of the current agenda in metaphysics, philosophical logic, and the philosophy of mind and language. This volume, an expanded edition of a special issue of the Australasian Journal of Philosophy, covers many of the topics for which Lewis was well known, including possible worlds, counterpart theory, vagueness, knowledge, probability, essence, fiction, laws, conditionals, desire and belief, and truth. Many of the papers are by very established philosophers; others are by younger scholars including many he taught. The volume also includes Lewis's Jack Smart Lecture at the Australian National University, "How Many Lives has Schrödinger's Cat?," published here for the first time. Lewisian Themes will be an invaluable resource for anyone studying Lewis's work and a major contribution to the many topics that he mastered.
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This collection brings together well-established scholars to examine the limits of law, a topic that has been of broad interest since the events of 9/11 and the responses of U.S. law and policy to those events. The limiting conditions explored in this volume include marking law’s relationship to acts of terror, states of emergency, gestures of surrender, payments of reparations, offers of amnesty, and invocations of retroactivity. These essays explore how law is challenged, frayed, and constituted out of contact with conditions that lie at the farthest reaches of its empirical and normative force.
Lawyers' ethics have been condemned for centuries, but they received little scholarly scrutiny until the last few decades. Ethics in Practice brings together leading experts in the emerging field of legal ethics to discuss the central dilemmas of practicing law. This collection cuts across conventional disciplinary boundaries to address the roles, responsibilities, and regulation of contemporary lawyers. Contributors address common concerns from diverse perspectives, including philosophy, psychology, economics, political science, and organizational behavior. Topics include the nature of professions, the structure of practice, the constraints of an adversarial system, the attorney-client relationship, the practical value of moral theory, the role of race and gender, and the public service responsibilities of lawyers and law students. Unique in both its breadth and its depth, this book redefines debates that are of enduring significance for both the profession and the public.
For every citizen of the world, there is no more urgent issue than the spread of democracy. Democracy is what the WTO-protestors are calling for; it's the main concern of human rights advocates; and it's only long-term way to end terrorism. But how does democracy spread? What can be done to encourage and support. This remarkable new collection brings together some of the best minds in variety of fields to discuss the conditions that promote and sustain, or undermine and extinguish democratic institutions and ideas. Spanning political thought from ancient Athens to contemporary sub-Saharan Africa, the contributors develop an outline of how democracy develops. Several key factors emerge: Democ...
Beyond Borders highlights and celebrates Cornell University's many historical achievements in international activities going back to its founding. This collection of fifty-eight short chapters reflects the diversity, accomplishments, and impact of remarkable engagements on campus and abroad. These vignettes, many written by authors who played pivotal roles in Cornell's international history, take readers around the world to China and the Philippines with agricultural researchers, to Peru with anthropologists, to Qatar and India with medical practitioners, to Eastern Europe with economists and civil engineers, to Zambia and Sierra Leone with students and Peace Corps volunteers, and to many mo...
A collection of wide-ranging critical essays that examine how the judicial system is represented on screen Historically, the emergence of the trial film genre coincided with the development of motion pictures. In fact, one of the very first feature-length films, Falsely Accused!, released in 1908, was a courtroom drama. Since then, this niche genre has produced such critically acclaimed films as Twelve Angry Men, To Kill a Mockingbird, and Anatomy of a Murder. The popularity and success of these films can be attributed to the fundamental similarities of filmic narratives and trial proceedings. Both seek to construct a “reality” through storytelling and representation and in so doing pers...