Download or read book The Catholic University of America Law Review written by and published by . This book was released on 1969 with total page 602 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book Catholic University Law Review written by Timothy C. MacDonnell and published by . This book was released on 2022 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book Law Review written by and published by . This book was released on 1950 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book The Catholic University law review written by and published by . This book was released on 1971 with total page 950 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book Justice Without Law written by Jerold S. Auerbach and published by Oxford University Press, USA. This book was released on 1984 with total page 199 pages. Available in PDF, EPUB and Kindle. Book excerpt: An examination of various types of litigation - arbitration, mediation, and conciliation.

Download or read book The Glorious Revolution and the Continuity of Law written by Richard S. Kay and published by CUA Press. This book was released on 2014-11-10 with total page 320 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Glorious Revolution and the Continuity of Law explores the relationship between law and revolution. Revolt - armed or not - is often viewed as the overthrow of legitimate rulers. Historical experience, however, shows that revolutions are frequently accompanied by the invocation rather than the repudiation of law. No example is clearer than that of the Glorious Revolution of 1688-89. At that time the unpopular but lawful Catholic king, James II, lost his throne and was replaced by his Protestant son-in-law and daughter, William of Orange and Mary, with James's attempt to recapture the throne thwarted at the Battle of the Boyne in Ireland. The revolutionaries had to negotiate two contradictory but intensely held convictions. The first was that the essential role of law in defining and regulating the activity of the state must be maintained. The second was that constitutional arrangements to limit the unilateral authority of the monarch and preserve an indispensable role for the houses of parliament in public decision-making had to be established. In the circumstances of 1688-89, the revolutionaries could not be faithful to the second without betraying the first. Their attempts to reconcile these conflicting objectives involved the frequent employment of legal rhetoric to justify their actions. In so doing, they necessarily used the word "law" in different ways. It could denote the specific rules of positive law; it could simply express devotion to the large political and social values that underlay the legal system; or it could do something in between. In 1688-89 it meant all those things to different participants at different times. This study adds a new dimension to the literature of the Glorious Revolution by describing, analyzing and elaborating this central paradox: the revolutionaries tried to break the rules of the constitution and, at the same time, be true to them.

Download or read book Red White and Blue written by Mark V. Tushnet and published by . This book was released on 1988 with total page 350 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book From Human Dignity to Natural Law written by Richard Berquist and published by Catholic University of America Press. This book was released on 2019-10-11 with total page 264 pages. Available in PDF, EPUB and Kindle. Book excerpt: From Human Dignity to Natural Law shows how the whole of the natural law, as understood in the Aristotelian Thomistic tradition, is contained implicitly in human dignity. Human dignity means existing for one’s own good (the common good as well as one’s individual good), and not as a mere means to an alien good. But what is the true human good? This question is answered with a careful analysis of Aristotle’s definition of happiness. The natural law can then be understood as the precepts that guide us in achieving happiness. To show that human dignity is a reality in the nature of things and not a mere human invention, it is necessary to show that human beings exist by nature for the achievement of the properly human good in which happiness is found. This implies finality in nature. Since contemporary natural science does not recognize final causality, the book explains why living things, as least, must exist for a purpose and why the scientific method, as currently understood, is not able to deal with this question. These reflections will also enable us to respond to a common criticism of natural law theory: that it attempts to derive statements of what ought to be from statements about what is. After defining the natural law and relating it to human or positive law, Richard Berquist considers Aquinas’s formulation of the first principle of the natural law. It then discusses the love commandments to love God above all things and to love one’s neighbor as oneself as the first precepts of the natural law. Subsequent chapters are devoted to clarifying and defending natural law precepts concerned with the life issues, with sexual morality and marriage, and with fundamental natural rights. From Human Dignity to Natural Law concludes with a discussion of alternatives to the natural law.

Download or read book Seat of Wisdom written by James M. Jacobs and published by CUA Press. This book was released on 2022-01-14 with total page 433 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Catholic Church has always recognized that philosophy is necessary both to understand the faith as well as to defend it. The need for a philosophically informed faith has become more acute with the rise of secularism. Seat of Wisdom demonstrates that the philosophical principles developed in the Catholic tradition, especially as articulated in Thomism, provide the intellectual foundation for belief in God and are also the only reliable basis for a fully coherent vision of man’s place in the world. Seat of Wisdom begins with an exploration of the relationship between faith and reason. Philosophy’s essential role is to discover the rational principles underlying the intelligible order of reality. These principles act as a bridge connecting science and religious faith, enabling the believer to integrate all facets of human experience. Each of those first principles, as expressed in the transcendental properties, are then analyzed as the basis of the major philosophical disciplines. Starting with metaphysics’ study of being, the argument proceeds to consider the true, the good, and the beautiful in terms of epistemology, anthropology, ethics, aesthetics, and political philosophy. Lastly, these principles are shown to point to God as creator. The strength of the Catholic philosophical tradition is evident when contrasted with reductive theories which fail to account for the breadth of human experience. Consequently, each chapter will introduce influential philosophers whose inadequate theories inform contemporary assumptions. Against this, the Thomistic argument is elucidated as being inclusive of the insights of the reductive position. It will be seen that this “both/and” approach is the only way to do justice to the glory of God and the gift of creation. Religion is prey to skepticism when it is isolated from the rest of knowledge. This integrative argument, uniting discussions of nature, politics, and theology according to common principles, enables the reader to grasp the unity of wisdom. Moreover, by engaging alternative positions, it provides the reader with tools to defend the Catholic worldview against those reductive philosophies which only deprive life of its full meaning.

Download or read book The Family and the Supreme Court Catholic University Law Review vol 23 Winter 1973 No 2 written by John T. Noonan (Jr) and published by . This book was released on 1974 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book The History of Courts and Procedure in Medieval Canon Law written by Wilfried Hartmann and published by CUA Press. This book was released on 2016-09-09 with total page 521 pages. Available in PDF, EPUB and Kindle. Book excerpt: By the end of the thirteenth century, court procedure in continental Europe in secular and ecclesiastical courts shared many characteristics. As the academic jurists of the Ius commune began to excavate the norms of procedure from Justinian's great codification of law and then to expound them in the classroom and in their writings, they shaped the structure of ecclesiastical courts and secular courts as well. These essays also illuminate striking differences in the sources that we find in different parts of Europe. In northern Europe the archives are rich but do not always provide the details we need to understand a particular case. In Italy and Southern France the documentation is more detailed than in other parts of Europe but here too the historical records do not answer every question we might pose to them. In Spain, detailed documentation is strangely lacking, if not altogether absent. Iberian conciliar canons and tracts on procedure tell us much about practice in Spanish courts. As these essays demonstrate, scholars who want to peer into the medieval courtroom, must also read letters, papal decretals, chronicles, conciliar canons, and consilia to provide a nuanced and complete picture of what happened in medieval trials. This volume will give sophisticated guidance to all readers with an interest in European law and courts.

Download or read book The Catholic University of America Law Review written by and published by . This book was released on 1965 with total page 320 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book Beyond the Formalist Realist Divide written by Brian Z. Tamanaha and published by Princeton University Press. This book was released on 2009-10-26 with total page 265 pages. Available in PDF, EPUB and Kindle. Book excerpt: According to conventional wisdom in American legal culture, the 1870s to 1920s was the age of legal formalism, when judges believed that the law was autonomous and logically ordered, and that they mechanically deduced right answers in cases. In the 1920s and 1930s, the story continues, the legal realists discredited this view by demonstrating that the law is marked by gaps and contradictions, arguing that judges construct legal justifications to support desired outcomes. This often-repeated historical account is virtually taken for granted today, and continues to shape understandings about judging. In this groundbreaking book, esteemed legal theorist Brian Tamanaha thoroughly debunks the formalist-realist divide. Drawing from extensive research into the writings of judges and scholars, Tamanaha shows how, over the past century and a half, jurists have regularly expressed a balanced view of judging that acknowledges the limitations of law and of judges, yet recognizes that judges can and do render rule-bound decisions. He reveals how the story about the formalist age was an invention of politically motivated critics of the courts, and how it has led to significant misunderstandings about legal realism. Beyond the Formalist-Realist Divide traces how this false tale has distorted studies of judging by political scientists and debates among legal theorists. Recovering a balanced realism about judging, this book fundamentally rewrites legal history and offers a fresh perspective for theorists, judges, and practitioners of law.

Download or read book Person and Act and Related Essays written by Karol Wojtyla and published by CUA Press. This book was released on 2021-02-12 with total page 721 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Catholic University of America Press is honored to announce the publication of the first volume of the critical English edition of The Collected Works of Karol Wojtyła/John Paul II. In conjunction with an international editorial board, the English Critical Edition will comprise 20 volumes, covering all of his writings and correspondence both in the years before and during his papacy. What makes this collection so important is that access to his writings have been a significant challenge. Except for official papal addresses and documents preserved and disseminated by the Vatican, his works have been scattered and limited, or in need of a new translation. Finally, English-language audiences have faced the challenge, even in the case of published texts, of working across multiple languages and translations and of dealing with textual idiosyncrasies. The inaugural volume of this collection is Person and Act, together with related essays, which is in many respects constitutes Karol Wojtyła’s most profound and well-known philosophical work. Originally published in 1969 as Osoba I czyn, this work of metaphysics and philosophy is widely influential even though it is highly challenging intellectually and has heretofore posed difficulties for translators.

Download or read book Counsels of Imperfection written by Edward Hadas and published by Catholic University of America Press. This book was released on 2020-10-23 with total page 443 pages. Available in PDF, EPUB and Kindle. Book excerpt: For more than a century, the teaching authority of the Catholic Church has attempted to walk along with the modern world, criticizing what is bad and praising what is good. Counsels of Imperfection described the current state of that fairly bumpy journey. The book is divided into 11 chapters. First comes an introduction to ever-changing modernity and the unchanging Christian understanding of human nature and society. Then come two chapters on economics, including a careful delineation of the Catholic response, past and present, to socialism and capitalism. The next topic is government, with one chapter on Church and State, another on War, and a third that runs quickly through democracy, human rights, the welfare state, crimes and punishments (including the death penalty), anti-Semitism, and migration. Counsels of Imperfection then dedicates two chapters on ecology, including an enthusiastic analysis of Francis’s “technocratic paradigm”. The last topic is the family teaching, which presents the social aspects of the Church’s sexual teaching. A brief concluding chapter looks at the teaching’s changing response to the modern world, and at the ambiguous Catholic appreciation of the modern idea of progress. For each topic, Counsels of Imperfection provides biblical, historical and a broad philosophical background. Thomas Aquinas appears often, but so does G. W. F Hegel. The goal is not only to explain what the Church really says, but also how it got to its current position and who it is arguing with. In the spirit of a doctrine that is always in development, Counsels of Imperfection points out both strong-points and imperfections in the teaching. The book should be of interest to specialists in Catholic Social Teaching, but its main audience is curious newcomers, especially people who do not want to be told that there are simple Catholic answers to the complicated problems of the modern world.

Download or read book The Problems of Jurisprudence written by Richard A. Posner and published by Harvard University Press. This book was released on 1990 with total page 524 pages. Available in PDF, EPUB and Kindle. Book excerpt: In this book, Richard A. Posner examines how judges go about making difficult decisions. Posner argues that they cannot rely on either logic or science, but must fall back on a grab bag of informal methods of reasoning that owe less than one might think to legal training and experience. -- Adapted from Amazon.com summary.

Download or read book On Catholic Universities written by and published by . This book was released on 1990 with total page 43 pages. Available in PDF, EPUB and Kindle. Book excerpt: