Download or read book Our Judicial Oligarchy Classic Reprint written by Gilbert E. Roe and published by . This book was released on 2015-07-10 with total page 258 pages. Available in PDF, EPUB and Kindle. Book excerpt: Excerpt from Our Judicial Oligarchy The judiciary alone, of all our institutions of government, has enjoyed for many years almost complete freedom from hostile criticism. Until very recently, this branch of our government stood above the legislative and executive departments in popular esteem. Unresponsive, and unresponsible to the public the courts dwelt in almost sacred isolation. Within the last two or three years the public has begun to turn a critical eye upon the work of the judges. The people in their struggle to destroy special privilege and to open the way for human rights through truly representative government, found barrier after barrier placed across the way of progress by the courts. Gradually the judiciary began to loom up as the one formidable obstacle which must be overcome before anything substantial could be accomplished to free the public from the exactions of oppressive monoplies and from the domination of property interests. A new problem entered into the movement toward democracy - the problem of removing the dead hand of precedent from the judiciary and infusing into it the spirit of the times. About the Publisher Forgotten Books publishes hundreds of thousands of rare and classic books. Find more at www.forgottenbooks.com This book is a reproduction of an important historical work. Forgotten Books uses state-of-the-art technology to digitally reconstruct the work, preserving the original format whilst repairing imperfections present in the aged copy. In rare cases, an imperfection in the original, such as a blemish or missing page, may be replicated in our edition. We do, however, repair the vast majority of imperfections successfully; any imperfections that remain are intentionally left to preserve the state of such historical works.
Download or read book Democracy and Distrust written by John Hart Ely and published by Harvard University Press. This book was released on 1981-08-15 with total page 281 pages. Available in PDF, EPUB and Kindle. Book excerpt: This powerfully argued appraisal of judicial review may change the face of American law. Written for layman and scholar alike, the book addresses one of the most important issues facing Americans today: within what guidelines shall the Supreme Court apply the strictures of the Constitution to the complexities of modern life? Until now legal experts have proposed two basic approaches to the Constitution. The first, “interpretivism,” maintains that we should stick as closely as possible to what is explicit in the document itself. The second, predominant in recent academic theorizing, argues that the courts should be guided by what they see as the fundamental values of American society. John Hart Ely demonstrates that both of these approaches are inherently incomplete and inadequate. Democracy and Distrust sets forth a new and persuasive basis for determining the role of the Supreme Court today. Ely’s proposal is centered on the view that the Court should devote itself to assuring majority governance while protecting minority rights. “The Constitution,” he writes, “has proceeded from the sensible assumption that an effective majority will not unreasonably threaten its own rights, and has sought to assure that such a majority not systematically treat others less well than it treats itself. It has done so by structuring decision processes at all levels in an attempt to ensure, first, that everyone’s interests will be represented when decisions are made, and second, that the application of those decisions will not be manipulated so as to reintroduce in practice the sort of discrimination that is impermissible in theory.” Thus, Ely’s emphasis is on the procedural side of due process, on the preservation of governmental structure rather than on the recognition of elusive social values. At the same time, his approach is free of interpretivism’s rigidity because it is fully responsive to the changing wishes of a popular majority. Consequently, his book will have a profound impact on legal opinion at all levels—from experts in constitutional law, to lawyers with general practices, to concerned citizens watching the bewildering changes in American law.
Download or read book Towards Juristocracy written by Ran Hirschl and published by Harvard University Press. This book was released on 2009-06-30 with total page 306 pages. Available in PDF, EPUB and Kindle. Book excerpt: In countries and supranational entities around the globe, constitutional reform has transferred an unprecedented amount of power from representative institutions to judiciaries. The constitutionalization of rights and the establishment of judicial review are widely believed to have benevolent and progressive origins, and significant redistributive, power-diffusing consequences. Ran Hirschl challenges this conventional wisdom. Drawing upon a comprehensive comparative inquiry into the political origins and legal consequences of the recent constitutional revolutions in Canada, Israel, New Zealand, and South Africa, Hirschl shows that the trend toward constitutionalization is hardly driven by politicians' genuine commitment to democracy, social justice, or universal rights. Rather, it is best understood as the product of a strategic interplay among hegemonic yet threatened political elites, influential economic stakeholders, and judicial leaders. This self-interested coalition of legal innovators determines the timing, extent, and nature of constitutional reforms. Hirschl demonstrates that whereas judicial empowerment through constitutionalization has a limited impact on advancing progressive notions of distributive justice, it has a transformative effect on political discourse. The global trend toward juristocracy, Hirschl argues, is part of a broader process whereby political and economic elites, while they profess support for democracy and sustained development, attempt to insulate policymaking from the vicissitudes of democratic politics.
Download or read book Surviving Autocracy written by Masha Gessen and published by Penguin. This book was released on 2021-06-01 with total page 305 pages. Available in PDF, EPUB and Kindle. Book excerpt: “When Gessen speaks about autocracy, you listen.” —The New York Times “A reckoning with what has been lost in the past few years and a map forward with our beliefs intact.” —Interview As seen on MSNBC’s Morning Joe and heard on NPR’s All Things Considered: the bestselling, National Book Award–winning journalist offers an essential guide to understanding, resisting, and recovering from the ravages of our tumultuous times. This incisive book provides an essential guide to understanding and recovering from the calamitous corrosion of American democracy over the past few years. Thanks to the special perspective that is the legacy of a Soviet childhood and two decades covering the resurgence of totalitarianism in Russia, Masha Gessen has a sixth sense for the manifestations of autocracy—and the unique cross-cultural fluency to delineate their emergence to Americans. Gessen not only anatomizes the corrosion of the institutions and cultural norms we hoped would save us but also tells us the story of how a short few years changed us from a people who saw ourselves as a nation of immigrants to a populace haggling over a border wall, heirs to a degraded sense of truth, meaning, and possibility. Surviving Autocracy is an inventory of ravages and a call to account but also a beacon to recovery—and to the hope of what comes next.
Download or read book The Lost World of Classical Legal Thought written by William M. Wiecek and published by Oxford University Press, USA. This book was released on 2001 with total page 300 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume examines legal ideology in the US from the height of the Gilded Age through the time of the New Deal, when the Supreme Court began to discard orthodox thought in favour of more modernist approaches to law. Wiecek places this era of legal thought in its historical context, integrating social, economic, and intellectual analyses.
Download or read book Rationing the Constitution written by Andrew Coan and published by . This book was released on 2019 with total page 281 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Supreme Court is a tiny institution that can resolve only a fraction of the constitutional issues generated by the American government. This simple yet startling fact is impossible to deny, but few students of the Court have seriously considered its implications. In Rationing the Constitution, Andrew Coan explains how the Court's limited capacity shapes U.S. constitutional law and argues that the limits of judicial capacity powerfully constrain Supreme Court decision-making on many of the most important constitutional questions, spanning federalism, separation of powers, and individual rights. Examples include the commerce power, presidential powers, Equal Protection, and regulatory takings. The implications for U.S. constitutional law are profound. Lawyers, academics, and social activists pursuing social reform through the courts must consider whether their goals can be accomplished within the constraints of judicial capacity.--
Download or read book From Oligarchy to Republicanism written by Forrest A. Nabors and published by University of Missouri Press. This book was released on 2017-12-19 with total page 420 pages. Available in PDF, EPUB and Kindle. Book excerpt: On December 4, 1865, members of the 39th United States Congress walked into the Capitol Building to begin their first session after the end of the Civil War. They understood their responsibility to put the nation back on the path established by the American Founding Fathers. The moment when the Republicans in the Reconstruction Congress remade the nation and renewed the law is in a class of rare events. The Civil War should be seen in this light. In From Oligarchy to Republicanism: The Great Task of Reconstruction, Forrest A. Nabors shows that the ultimate goal of the Republican Party, the war, and Reconstruction was the same. This goal was to preserve and advance republicanism as the American founders understood it, against its natural, existential enemy: oligarchy. The principle of natural equality justified American republicanism and required abolition and equal citizenship. Likewise, slavery and discrimination on the basis of color stand on the competing moral foundation of oligarchy, the principle of natural inequality, which requires ranks. The effect of slavery and the division of the nation into two “opposite systems of civilization” are causally linked. Charles Devens, a lawyer who served as a general in the Union Army, and his contemporaries understood that slavery’s existence transformed the character of political society. One of those dramatic effects was the increased power of slaveowners over those who did not have slaves. When the slave state constitutions enumerated slaves in apportioning representation using the federal three-fifths ratio or by other formulae, intra-state sections where slaves were concentrated would receive a substantial grant of political power for slave ownership. In contrast, low slave-owning sections of the state would lose political representation and political influence over the state. This contributed to the non-slaveholders’ loss of political liberty in the slave states and provided a direct means by which the slaveholders acquired and maintained their rule over non-slaveholders. This book presents a shared analysis of the slave South, synthesized from the writings and speeches of the Republicans who served in the Thirty-Eighth, Thirty-Ninth or Fortieth Congress from 1863-1869. The account draws from their writings and speeches dated before, during, and after their service in Congress. Nabors shows how the Republican majority, charged with the responsibility of reconstructing the South, understood the South. Republicans in Congress were generally united around the fundamental problem and goal of Reconstruction. They regarded their work in the same way as they regarded the work of the American founders. Both they and the founders were engaged in regime change, from monarchy in the one case, and from oligarchy in the other, to republicanism. The insurrectionary states’ governments had to be reconstructed at their foundations, from oligarchic to republican. The sharp differences within Congress pertained to how to achieve that higher goal.
Download or read book Law and Legitimacy in the Supreme Court written by Richard H. Fallon and published by Harvard University Press. This book was released on 2018-02-19 with total page 237 pages. Available in PDF, EPUB and Kindle. Book excerpt: Legitimacy and judicial authority -- Constitutional meaning : original public meaning -- Constitutional meaning : varieties of history that matter -- Law in the Supreme Court : jurisprudential foundations -- Constitutional constraints -- Constitutional theory and its relation to constitutional practice -- Sociological, legal, and moral legitimacy : today and tomorrow
Download or read book Purchasing Submission written by Philip Hamburger and published by Harvard University Press. This book was released on 2021-09-07 with total page 337 pages. Available in PDF, EPUB and Kindle. Book excerpt: From a leading constitutional scholar, an important study of a powerful mode of government control: the offer of money and other privileges to secure submission to unconstitutional power. The federal government increasingly regulates by using money and other benefits to induce private parties and states to submit to its conditions. It thereby enjoys a formidable power, which sidesteps a wide range of constitutional and political limits. Conditions are conventionally understood as a somewhat technical problem of Òunconstitutional conditionsÓÑthose that threaten constitutional rightsÑbut at stake is something much broader and more interesting. With a growing ability to offer vast sums of money and invaluable privileges such as licenses and reduced sentences, the federal government increasingly regulates by placing conditions on its generosity. In this way, it departs not only from the ConstitutionÕs rights but also from its avenues of binding power, thereby securing submission to conditions that regulate, that defeat state laws, that commandeer and reconfigure state governments, that extort, and even that turn private and state institutions into regulatory agents. The problem is expansive, including almost the full range of governance. Conditions need to be recognized as a new mode of powerÑan irregular pathwayÑby which government induces Americans to submit to a wide range of unconstitutional arrangements. Purchasing Submission is the first book to recognize this problem. It explores the danger in depth and suggests how it can be redressed with familiar and practicable legal tools.
Download or read book Aristotle and Xenophon on Democracy and Oligarchy written by Aristotle and published by Univ of California Press. This book was released on 2010-10-28 with total page 326 pages. Available in PDF, EPUB and Kindle. Book excerpt: This collection contains: Aristotle's The Constitution of Athens Xenophon's The Politeia of the Spartans The Constitution of the Athenians ascribed to Xenophon the Orator The Boeotian Constitution from the Oxyrhynchus Historian In bringing together, translating, and annotating these constitutional documents from ancient Greece thirty five years ago, J. M. Moore produced an authoritative work of the highest scholarship. An explanatory essay by classics scholar Kurt A. Raaflaub expands this indispensable collection.
Download or read book Classical Greek Oligarchy written by Matthew Simonton and published by Princeton University Press. This book was released on 2019-03-26 with total page 376 pages. Available in PDF, EPUB and Kindle. Book excerpt: Classical Greek Oligarchy thoroughly reassesses an important but neglected form of ancient Greek government, the "rule of the few." Matthew Simonton challenges scholarly orthodoxy by showing that oligarchy was not the default mode of politics from time immemorial, but instead emerged alongside, and in reaction to, democracy. He establishes for the first time how oligarchies maintained power in the face of potential citizen resistance. The book argues that oligarchs designed distinctive political institutions—such as intra-oligarchic power sharing, targeted repression, and rewards for informants—to prevent collective action among the majority population while sustaining cooperation within their own ranks. To clarify the workings of oligarchic institutions, Simonton draws on recent social science research on authoritarianism. Like modern authoritarian regimes, ancient Greek oligarchies had to balance coercion with co-optation in order to keep their subjects disorganized and powerless. The book investigates topics such as control of public space, the manipulation of information, and the establishment of patron-client relations, frequently citing parallels with contemporary nondemocratic regimes. Simonton also traces changes over time in antiquity, revealing the processes through which oligarchy lost the ideological battle with democracy for legitimacy. Classical Greek Oligarchy represents a major new development in the study of ancient politics. It fills a longstanding gap in our knowledge of nondemocratic government while greatly improving our understanding of forms of power that continue to affect us today.
Download or read book Judging Under Uncertainty written by Adrian Vermeule and published by Harvard University Press. This book was released on 2006 with total page 356 pages. Available in PDF, EPUB and Kindle. Book excerpt: In this book, Adrian Vermeule shows that any approach to legal interpretation rests on institutional and empirical premises about the capacities of judges and the systemic effects of their rulings. He argues that legal interpretation is above all an exercise in decisionmaking under severe empirical uncertainty.
Download or read book Yale Classics Vol 1 written by Aristotle and published by DigiCat. This book was released on 2023-11-22 with total page 3412 pages. Available in PDF, EPUB and Kindle. Book excerpt: Ancient Greek literature has a profound impact on western literature at large. In particular, many ancient Roman authors drew inspiration from their Greek predecessors. Ever since the Renaissance, European authors in general, including Dante Alighieri, William Shakespeare, John Milton, and James Joyce, have all drawn heavily on classical themes and motifs. Even today authors are fascinated with Greek literature, and still great works of literature are based on ancient myths and plays. The readers can still relate to these works of art and learn from them, even though written two millennials ago. This collection is based on the required reading list of Yale Department of Classics. Originally designed for students, this anthology is meant for everyone wanting to know more about history and literature of this period, interested in poetry, philosophy and drama of Antient Greece.
Download or read book Courting Death written by Carol S. Steiker and published by Harvard University Press. This book was released on 2016-11-07 with total page 401 pages. Available in PDF, EPUB and Kindle. Book excerpt: Before constitutional regulation -- The Supreme Court steps in -- The invisibility of race in the constitutional revolution -- Between the Supreme Court and the states -- The failures of regulation -- An unsustainable system? -- Recurring patterns in constitutional regulation -- The future of the American death penalty -- Life after death
Download or read book Liberty Order and Justice written by James McClellan and published by . This book was released on 2000 with total page 664 pages. Available in PDF, EPUB and Kindle. Book excerpt: This new Liberty Fund edition of James McClellan's classic work on the quest for liberty, order, and justice in England and America includes the author's revisions to the original edition published in 1989 by the Center for Judicial Studies. Unlike most textbooks in American Government, Liberty, Order, and Justice seeks to familiarize the student with the basic principles of the Constitution, and to explain their origin, meaning, and purpose. Particular emphasis is placed on federalism and the separation of powers. These features of the book, together with its extensive and unique historical illustrations, make this new edition of Liberty, Order, and Justice especially suitable for introductory classes in American Government and for high school students in advanced placement courses.
Download or read book Utilitarianism Institutions and Justice written by James Wood Bailey and published by Oxford University Press, USA. This book was released on 1997 with total page 216 pages. Available in PDF, EPUB and Kindle. Book excerpt: Far from recommending cruel acts, utilitarianism, understood this way, actually runs congruent to our basic moral intuitions.
Download or read book The Greatest Sci Fi Classics written by Jules Verne and published by Good Press. This book was released on 2023-11-18 with total page 3858 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Greatest Sci-Fi Classics collection presents an unparalleled assembly of pioneering works that have shaped and defined the science fiction genre. Spanning a broad spectrum of themesfrom the social commentary of dystopian futures to the thrilling adventures in unexplored worldsthis anthology boasts an impressive diversity in literary styles. Among these pages lie the foundational texts of science fiction, with narratives that explore the human condition through speculative technological advancements and the exploration of the unknown. Notable for both its historic significance and the depth of its imaginative visions, this collection offers readers a journey through the evolution of the genre. The authors featured in this anthology represent a veritable whos who of science fictions progenitors. Jules Verne, H.G. Wells, and Mary Shelley are just a few of the visionary writers whose work is included, each contributing to the tapestry of themes and ideas that define science fiction. Their collective body of work encompasses a range of cultural, philosophical, and scientific thought from the 19th and early 20th centuries, reflecting the periods burgeoning interest in technological progress and its potential impacts on society. Through their stories, these authors not only entertained but also provoked thoughtful consideration of future possibilities. The Greatest Sci-Fi Classics offers readers a unique opportunity to explore a rich landscape of science fiction literature within a single volume. It serves as both an educational resource and a treasure trove of entertainment, inviting readers to immerse themselves in the worlds conceived by some of the genres most influential minds. This anthology is recommended for anyone interested in witnessing the genesis of science fiction as a literary form, engaging with the diverse perspectives it encompasses, and appreciating the dialogues it prompts about our future. The collection stands as a testament to the enduring power of science fiction to captivate the imagination and inspire reflection on humanitys path forward.
