Download or read book Justice in Robes written by Ronald Dworkin and published by Harvard University Press. This book was released on 2008-04-30 with total page 319 pages. Available in PDF, EPUB and Kindle. Book excerpt: How should a judge's moral convictions bear on his judgments about what the law is? Lawyers, sociologists, philosophers, politicians, and judges all have answers to that question: these range from ÒnothingÓ to Òeverything.Ó In Justice in Robes, Ronald Dworkin argues that the question is much more complex than it has often been taken to be and charts a variety of dimensionsÑsemantic, jurisprudential, and doctrinalÑin which law and morals are undoubtedly interwoven. He restates and summarizes his own widely discussed account of these connections, which emphasizes the sovereign importance of moral principle in legal and constitutional interpretation, and then reviews and criticizes the most influential rival theories to his own. He argues that pragmatism is empty as a theory of law, that value pluralism misunderstands the nature of moral concepts, that constitutional originalism reflects an impoverished view of the role of a constitution in a democratic society, and that contemporary legal positivism is based on a mistaken semantic theory and an erroneous account of the nature of authority. In the course of that critical study he discusses the work of many of the most influential lawyers and philosophers of the era, including Isaiah Berlin, Richard Posner, Cass Sunstein, Antonin Scalia, and Joseph Raz. Dworkin's new collection of essays and original chapters is a model of lucid, logical, and impassioned reasoning that will advance the crucially important debate about the roles of justice in law.
Download or read book Justice for Hedgehogs written by Ronald Dworkin and published by Harvard University Press. This book was released on 2011-05-03 with total page 521 pages. Available in PDF, EPUB and Kindle. Book excerpt: The fox knows many things, the Greeks said, but the hedgehog knows one big thing. In his most comprehensive work, Ronald Dworkin argues that value in all its forms is one big thing: that what truth is, life means, morality requires, and justice demands are different aspects of the same large question. He develops original theories on a great variety of issues very rarely considered in the same book: moral skepticism, literary, artistic, and historical interpretation, free will, ancient moral theory, being good and living well, liberty, equality, and law among many other topics. What we think about any one of these must stand up, eventually, to any argument we find compelling about the rest. Skepticism in all its forms—philosophical, cynical, or post-modern—threatens that unity. The Galilean revolution once made the theological world of value safe for science. But the new republic gradually became a new empire: the modern philosophers inflated the methods of physics into a totalitarian theory of everything. They invaded and occupied all the honorifics—reality, truth, fact, ground, meaning, knowledge, and being—and dictated the terms on which other bodies of thought might aspire to them, and skepticism has been the inevitable result. We need a new revolution. We must make the world of science safe for value.
Download or read book Freedom s Law written by Ronald Dworkin and published by OUP Oxford. This book was released on 1999 with total page 438 pages. Available in PDF, EPUB and Kindle. Book excerpt: Dworkin's important book is a collection of essays which discuss almost all of the great constitutional issues of the last two decades, including abortion, euthanasia, capital punishment, homosexuality, pornography, and free speech. Dworkin offers a consistently liberal view of the Constitution and argues that fidelity to it and to law demands that judges make moral judgments. He proposes that we all interpret the abstract language of the Constitution by reference to moral principles about political decency and justice. His 'moral reading' therefore brings political morality into the heart of constitutional law. The various chapters of this book were first published separately; now drawn together they provide the reader with a rich, full-length treatment of Dworkin's general theory of law.
Download or read book Taking Rights Seriously written by Ronald Dworkin and published by A&C Black. This book was released on 2013-10-21 with total page 457 pages. Available in PDF, EPUB and Kindle. Book excerpt: A landmark work of political and legal philosophy, Ronald Dworkin's Taking Rights Seriously was acclaimed as a major work on its first publication in 1977 and remains profoundly influential in the 21st century. A forceful statement of liberal principles - championing the legal, moral and political rights of the individual against the state - Dworkin demolishes prevailing utilitarian and legal-positivist approaches to jurisprudence. Developing his own theory of adjudication, he applies this to controversial public issues, from civil disobedience to positive discrimination. Elegantly written and cuttingly insightful, Taking Rights Seriously is one of the most important works of public thought of the last fifty years.
Download or read book Law s Empire written by Ronald Dworkin and published by . This book was released on 2011-11 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: In 'Law's Empire', Ronald Dworkin relects on the nature of the law, its authority, its application in democracy, the prominent role of interpretation in judgement and the relations of lawmakers and lawgivers in the community.
Download or read book Inside the Robe written by Katherine Mader and published by Antenna Books. This book was released on 2020-07-31 with total page 392 pages. Available in PDF, EPUB and Kindle. Book excerpt: To most people, judges are mysterious creatures. As Anthony Bourdain invited readers to follow him behind the scenes of the restaurant business in his bestseller, Kitchen Confidential, and Caitlin Doughty's Smoke Gets in Your Eyes was a revealing peak into the mysteries of what happens after death inside a mortuary, Inside the Robe shines a bright spotlight into the hidden folds of the judging world. Despite the old saw that judges should merely "follow the law," Inside the Robe lays bare how following the law can produce wildly different results depending upon the background, politics, and life experiences of each judge. Even the floor of the courthouse can mean the difference between prison and freedom. Judge Katharine Mader spent decades as a judge in a criminal court, was the LAPD's first inspector general, a prosecutor in two murder-for-hire trials, and a defense attorney who successfully argued to spare the life of the Hillside Strangler. From her perch behind the bench, Judge Mader witnesses a parade of drug addicts, gang members, mentally ill defendants, pricey private attorneys ranging from brilliant to incompetent, jaded prosecutors, and starry-eyed true believer public defenders. Never before has the judging profession been laid bare for all to see.
Download or read book Radicals in Robes written by Cass R. Sunstein and published by Basic Books. This book was released on 2009-04-28 with total page 314 pages. Available in PDF, EPUB and Kindle. Book excerpt: Most people think that the Supreme Court has a rough balance between left and right. This is a myth; in fact the justices once considered right-wing have now taken the mantle of the Court's moderates, and the liberal element has all but disappeared. Most people also think that judicial activism is solely a liberal movement. This is also a myth; since William Rehnquist was confirmed as Chief Justice in 1986, the Supreme Court has engaged in an unprecedented record of judicial activism. These two factors are feeding a movement to restore what many conservatives call "The Constitution in Exile," by which they mean the Constitution as it existed before the Roosevelt administration. Radicals in Robes explains what the restoration of this constitutional vision would mean. It would mean the end of the FCC, the SEC, the EPA, and every other federal agency that enacts regulations that have the force of law. It would mean that the clause of the First Amendment that says that Congress may make no law "respecting an establishment of religion" would be turned on its head. Marriage laws and many other familiar areas of modern life are all in the sights of this conservative movement. Radicals in Robes takes judicial philosophy out of the law schools and shows what it means when it intersects partisan politics. It pulls away the veil of rhetoric from a dangerous and radical right-wing movement and issues a strong and passionate warning about what conservatives really intend. One of the most respected legal theorists in the country, Cass R. Sunstein here issues a warning of compelling concern to us all.
Download or read book Sovereign Virtue written by Ronald Dworkin and published by Harvard University Press. This book was released on 2000 with total page 532 pages. Available in PDF, EPUB and Kindle. Book excerpt: Equality is the endangered species of political ideals. Even left-of-center politicians reject equality as an ideal: government must combat poverty, they say, but need not strive that its citizens be equal in any dimension. In his new book Ronald Dworkin insists, to the contrary, that equality is the indispensable virtue of democratic sovereignty. A legitimate government must treat all its citizens as equals, that is, with equal respect and concern, and, since the economic distribution that any society achieves is mainly the consequence of its system of law and policy, that requirement imposes serious egalitarian constraints on that distribution. What distribution of a nation's wealth is demanded by equal concern for all? Dworkin draws upon two fundamental humanist principles--first, it is of equal objective importance that all human lives flourish, and second, each person is responsible for defining and achieving the flourishing of his or her own life--to ground his well-known thesis that true equality means equality in the value of the resources that each person commands, not in the success he or she achieves. Equality, freedom, and individual responsibility are therefore not in conflict, but flow from and into one another as facets of the same humanist conception of life and politics. Since no abstract political theory can be understood except in the context of actual and complex political issues, Dworkin develops his thesis by applying it to heated contemporary controversies about the distribution of health care, unemployment benefits, campaign finance reform, affirmative action, assisted suicide, and genetic engineering.
Download or read book Religion without God written by Ronald Dworkin and published by Harvard University Press. This book was released on 2013-10-01 with total page 193 pages. Available in PDF, EPUB and Kindle. Book excerpt: In his last book, Ronald Dworkin addresses timeless questions: What is religion and what is God's place in it? What are death and immortality? He joins a sense of cosmic mystery and beauty to the claim that value is objective, independent of mind, and immanent in the world. Belief in God is one manifestation of this view, but not the only one.
Download or read book Her Honor written by LaDoris Hazzard Cordell and published by Celadon Books. This book was released on 2021-10-26 with total page 196 pages. Available in PDF, EPUB and Kindle. Book excerpt: In Her Honor, Judge LaDoris Hazzard Cordell provides a rare and thought-provoking insider account of our legal system, sharing vivid stories of the cases that came through her courtroom and revealing the strengths, flaws, and much-needed changes within our courts. Judge Cordell, the first African American woman to sit on the Superior Court of Northern California, knows firsthand how prejudice has permeated our legal system. And yet, she believes in the system. From ending school segregation to legalizing same-sex marriage, its progress relies on legal professionals and jurors who strive to make the imperfect system as fair as possible. Her Honor is an entertaining and provocative look into the hearts and minds of judges. Cordell takes you into her chambers where she haggles with prosecutors and defense attorneys and into the courtroom during jury selection and sentencing hearings. She uses real cases to highlight how judges make difficult decisions, all the while facing outside pressures from the media, law enforcement, lobbyists, and the friends and families of the people involved. Cordell’s candid account of her years on the bench shines light on all areas of the legal system, from juvenile delinquency and the shift from rehabilitation to punishment, along with the racial biases therein, to the thousands of plea bargains that allow our overburdened courts to stay afloat—as long as innocent people are willing to plead guilty. There are tales of marriages and divorces, adoptions, and contested wills—some humorous, others heartwarming, still others deeply troubling. Her Honor is for anyone who’s had the good or bad fortune to stand before a judge or sit on a jury. It is for true-crime junkies and people who vote in judicial elections. Most importantly, this is a book for anyone who wants to know what our legal system, for better or worse, means to the everyday lives of all Americans.
Download or read book The Habit of a Judge written by Daniel Yazdani and published by Talbot Publishing. This book was released on 2019 with total page 322 pages. Available in PDF, EPUB and Kindle. Book excerpt: Until The Habit of a Judge, there has never been a book that offers a comprehensive history of Judges' robes and court attire in England and Wales, and its adoption in Australian courts since colonisation. Richly illustrated with hundreds of colour images dating from the 12th century to the present, The Habit of a Judge invitingly portrays the fascinating world of judicial and legal dress. xvii, 303 pp. 322 illustrations. Talbot Publishing, an imprint of The Lawbook Exchange, Ltd.
Download or read book Black Robes White Justice written by Bruce Wright and published by Lyle Stuart. This book was released on 1993 with total page 232 pages. Available in PDF, EPUB and Kindle. Book excerpt: The author, a New York State Supreme Court Justice and a black man, argues that our legal system is fundamentally unfair towards African Americans--and documents his assertion with many cases drawn from his long experience as a lawyer and judge. A timely and relevant subject in the aftermath of the Rodney King trials and the LA riots.
Download or read book A Matter of Principle written by Ronald Dworkin and published by Harvard University Press. This book was released on 1986 with total page 442 pages. Available in PDF, EPUB and Kindle. Book excerpt: This is a book about fundamental theoretical issues of political philosophy and jurisprudence. In his familiar forceful and incisive style Professor Dworkin guides the reader through a re-examination of some perennial moral, philosophical, and legal dilemmas.
Download or read book Uncertain Justice written by Laurence Tribe and published by Macmillan. This book was released on 2014-06-03 with total page 416 pages. Available in PDF, EPUB and Kindle. Book excerpt: An assessment of how the Supreme Court under Chief Justice John Roberts is significantly influencing the nation's laws and reinterpreting the Constitution includes in-depth analysis of recent rulings and their implications.
Download or read book Black Robes White Coats written by Rebecca C. Harris and published by . This book was released on 2008 with total page 216 pages. Available in PDF, EPUB and Kindle. Book excerpt: Scientific evidence is commonplace in today's criminal trials. From hair and handwriting analysis to ink and DNA fingerprints, scientists have brought their world to bear on the justice system. Combining political analysis, scientific reasoning, and an in-depth study of specific state supreme court cases, Black Robes, White Coats is an interdisciplinary examination of the tradition of "gatekeeping," the practice of deciding the admissibility of novel scientific evidence. Rebecca Harris systematically examines judicial policymaking in three areas forensic DNA, polygraphs, and psychological syndrome evidence to answer the question: Why is scientific evidence treated differently among various jurisdictions? These decisions have important implications for evaluating our judicial system and its ability to accurately develop scientific policy. While the interaction of these professions occurs because the white coats often develop and ascertain knowledge deemed very useful to the black robes, Harris concludes that the black robes are well positioned to render appropriate rulings and determine the acceptability of harnessing a particular science for legal purposes. First book to systematically gather and analyze judicial decisions on scientific admissibility Analyzes several key cases including Arizona v. Bible and Kansas v. Marks Includes examples of evidence in three appendices: forensic DNA, polygraph evidence, and syndrome evidence Presents an original model of the gatekeeping process
Download or read book Wearing the Robe written by James P. Gray and published by Square One Publishers, Inc.. This book was released on 2012-07-17 with total page 525 pages. Available in PDF, EPUB and Kindle. Book excerpt: What do Hammurabi, Solomon, and Oliver Wendell Holmes, Jr. have in common? They all presided as judges, relying on a precise understanding of the law to mete out justice. Today’s judges, too, have a significant opportunity to intelligently resolve disputes and artfully change lives, but they also face many other daily challenges. Unfortunately, there is no real handbook for a practicing judge—or there wasn’t, until now. Written by Judge James P. Gray, Wearing the Robe explores the day-to-day realities of being a judge, from faithfully applying the law in court to sharing knowledge outside the courthouse. The author addresses a range of important topics, examining how judges can obtain and refine their skills, preside effectively over judicial calendars, healthfully manage the restrictions placed on their private lives, and more. Throughout, personal insights and practical tips add to the firm foundation of knowledge.
Download or read book The Authority of the Court and the Peril of Politics written by Stephen Breyer and published by Harvard University Press. This book was released on 2021-09-14 with total page 113 pages. Available in PDF, EPUB and Kindle. Book excerpt: A sitting justice reflects upon the authority of the Supreme CourtÑhow that authority was gained and how measures to restructure the Court could undermine both the Court and the constitutional system of checks and balances that depends on it. A growing chorus of officials and commentators argues that the Supreme Court has become too political. On this view the confirmation process is just an exercise in partisan agenda-setting, and the jurists are no more than Òpoliticians in robesÓÑtheir ostensibly neutral judicial philosophies mere camouflage for conservative or liberal convictions. Stephen Breyer, drawing upon his experience as a Supreme Court justice, sounds a cautionary note. Mindful of the CourtÕs history, he suggests that the judiciaryÕs hard-won authority could be marred by reforms premised on the assumption of ideological bias. Having, as Hamilton observed, Òno influence over either the sword or the purse,Ó the Court earned its authority by making decisions that have, over time, increased the publicÕs trust. If public trust is now in decline, one part of the solution is to promote better understandings of how the judiciary actually works: how judges adhere to their oaths and how they try to avoid considerations of politics and popularity. Breyer warns that political intervention could itself further erode public trust. Without the publicÕs trust, the Court would no longer be able to act as a check on the other branches of government or as a guarantor of the rule of law, risking serious harm to our constitutional system.
