Download or read book Limits of Legality written by Jeffrey Brand-Ballard and published by . This book was released on 2010 with total page 367 pages. Available in PDF, EPUB and Kindle. Book excerpt: Judges sometimes hear cases in which the law, as they honestly understand it, requires results that they consider morally objectionable. Most people assume that, nevertheless, judges have an ethical obligation to apply the law correctly, at least in reasonably just legal systems. This is the view of most lawyers, legal scholars, and private citizens, but the arguments for it have received surprisingly little attention from philosophers. Combiming ethical theory with discussions of caselaw, Jeffrey Brand-Ballard challenges arguments for the traditional view, including arguments from the fact that judges swear oaths to uphold the law, and arguments from our duty to obey the law, among others. He then develops an alternative argument based on ways in which the rule of law promotes the good. Patterns of excessive judicial lawlessness, even when morally motivated, can damage the rule of law. Brand-Ballard explores the conditions under which individual judges are morally responsible for participating in destructive patterns of lawless judging. These arguments build upon recent theories of collective intentionality and presuppose an agent-neutral framework, rather than the agent-relative framework favored by many moral philosophers. Defying the conventional wisdom, Brand-Ballard argues that judges are not always morally obligated to apply the law correctly. Although they have an obligation not to participate in patterns of excessive judicial lawlessness, an individual departure from the law so as to avoid an unjust result is rarely a moral mistake if the rule of law is otherwise healthy. Limits of Legality will interest philosophers, legal scholars, lawyers, and anyone concerned with the ethics of judging.

Download or read book Postanarchism written by Saul Newman and published by John Wiley & Sons. This book was released on 2015-12-02 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: What shape can radical politics take today in a time abandoned by the great revolutionary projects of the past? In light of recent uprisings around the world against the neoliberal capitalist order, Saul Newman argues that anarchism - or as he calls it postanarchism - forms our contemporary political horizon. In this book, Newman develops an original political theory of postanarchism; a form of anti-authoritarian politics which starts, rather than finishes, with anarchy. He does this by asking four central questions: who are we as subjects; how do we resist; what is our relationship to violence; and, why do we obey? By drawing on a range of heterodox thinkers including La Boétie, Sorel, Benjamin, Stirner and Foucault, the author not only investigates the current conditions for radical political thought and action, but proposes a new form of politics based on what he calls ontological anarchy and the desire for autonomous life. Rather than seeking revolutionary emancipation or political hegemony, we should affirm instead the non-existence of power and the ever-present possibilities of freedom. As the tectonic plates of our time are shifting, revealing the nihilism and emptiness of our political and economic order, postanarchisms disdain for power in all its forms offers us genuine emancipatory potential.

Download or read book Modern Brazil written by Herbert S. Klein and published by Cambridge University Press. This book was released on 2020-03-12 with total page 437 pages. Available in PDF, EPUB and Kindle. Book excerpt: The first social history examining all aspects of Brazil's radical transition from a predominantly rural society to an urban one.