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The Reality of Human Dignity in Law and Bioethics: Comparative Perspectives (Ius Gentium: Comparative Perspectives on Law and Justice #71)
by Brigitte Feuillet-Liger Kristina OrfaliAdopting an interdisciplinary perspective, this volume explores the reality of the principle of human dignity – a core value which is increasingly invoked in our societies and legal systems. This book provides a systematic overview of the legal and philosophical concept in sixteen countries representing different cultural and religious contexts and examines in particular its use in a developing case law (including of the European Court of Human Rights and of the Inter-American Court of Human Rights). Whilst omnipresent in the context of bioethics, this book reveals its wider use in healthcare more generally, treatment of prisoners, education, employment, and matters of life and death in many countries. In this unique comparative work, contributing authors share a multidisciplinary analysis of the use (and potential misuse) of the principle of dignity in Europe, Africa, South and North America and Asia. By revealing the ambivalence of human dignity in a wide range of cultures and contexts and through the evolving reality of case law, this book is a valuable resource for students, scholars and professionals working in bioethics, medicine, social sciences and law. Ultimately, it will make all those who invoke the principle of human dignity more aware of its multi-layered character and force us all to reflect on its ability to further social justice within our societies.
The Reality of Justice in England’s Lower Courts: Behind the Bench
by Elizabeth PeatfieldThis accessible book provides an evaluative review of justice at the locus of the magistrates’ court. Written by a magistrate, this book uses different case studies to aid discussion of the principles of justice and the theoretical process of the criminal justice system in England and Wales. Its case studies consider individual and intersecting inequalities such as sex, race, class, mental health, sexuality, age, and disability. Speaking to students, policy makers and practitioners, readers can identify opportunities where justice can be developed, as well as the challenges to justice from numerous perspectives which play out in the magistrates’ court. A series of end-of-chapter questions encourage reflection and one chapter considers recommendations for the future of justice.
The Reality of Precaution: Comparing Risk Regulation in the United States and Europe
by James Hammit Michael Rogers Peter Sand Jonathan B. WienerThe 'Precautionary Principle' has sparked the central controversy over European and U.S. risk regulation. The Reality of Precaution is the most comprehensive study to go beyond precaution as an abstract principle and test its reality in practice. This groundbreaking resource combines detailed case studies of a wide array of risks to health, safety, environment and security; a broad quantitative analysis; and cross-cutting chapters on politics, law, and perceptions. The authors rebut the rhetoric of conflicting European and American approaches to risk, and show that the reality has been the selective application of precaution to particular risks on both sides of the Atlantic, as well as a constructive exchange of policy ideas toward 'better regulation.' The book offers a new view of precaution, regulatory reform, comparative analysis, and transatlantic relations.
Reality Television Contracts: How to Negotiate the Best Deal
by Hayley Hughes Paul BattistaReality television is the growth area of television today. Individuals around the country want to be involved, whether in front of the camera or behind, and those who want to produce reality television seek to attract talent-maybe from the local beauty salon or perhaps the rodeo, extermination company, or trucking company-to begin taping their own "sizzle" reels to pitch to Hollywood production companies. At long last, here is a book that explains and educates those involved in reality television (and those who hope to be involved) regarding the terms found in these agreements and how best to negotiate them. This guide also includes: A brief history of reality television A breakdown of how ideas develop and of the "players" involved Reviews of and comments on agreement templates for all parties in the development and production stages "Deal point" checklists to help stay on trackDirected at attorneys who currently represent clients in the industry or would like to add reality television to their law practices, at reality television producers or those looking to break into the scene, and at all reality television participants, the contracts included in this book will be an indispensable resource all the way!Allworth Press, an imprint of Skyhorse Publishing, publishes a broad range of books on the visual and performing arts, with emphasis on the business of art. Our titles cover subjects such as graphic design, theater, branding, fine art, photography, interior design, writing, acting, film, how to start careers, business and legal forms, business practices, and more. While we don't aspire to publish a New York Times bestseller or a national bestseller, we are deeply committed to quality books that help creative professionals succeed and thrive. We often publish in areas overlooked by other publishers and welcome the author whose expertise can help our audience of readers.
Realizing Educational Rights: Advancing School Reform through Courts and Communities
by Anne NewmanIn Realizing Educational Rights, Anne Newman examines two educational rights questions that arise at the intersection of political theory, educational policy, and law: What is the place of a right to education in a participatory democracy, and how can we realize this right in the United States? Tracking these questions across both philosophical and pragmatic terrain, she addresses urgent moral and political questions, offering a rare, double-pronged look at educational justice in a democratic society. Newman argues that an adequate K–12 education is the right of all citizens, as a matter of equality, and emphasizes that this right must be shielded from the sway of partisan and majoritarian policy making far more than it currently is. She then examines how educational rights are realized in our current democratic structure, offering two case studies of leading types of rights-based activism: school finance litigation on the state level and the mobilization of citizens through community-based organizations. Bringing these case studies together with rich philosophical analysis, Realizing Educational Rights advances understanding of the relationships among moral and legal rights, education reform, and democratic politics.
Realizing Freedom: Libertarian Theory, History, and Practice
by Tom G. PalmerWhat is freedom? How is freedom related to justice, law, property, peace, and prosperity? Tom Palmer has spent a lifetime as a scholar, teacher, journalist, and activist asking and answering these questions. Now as an expanded paperback, Realizing Freedom: Libertarian Theory, History, and Practice collects his best writings. Palmer s work ranges from the theory of justice to multiculturalism, democracy and limited government, and globalization, among many other topics. These essays have appeared in scholarly journals and in such newspapers as the New York Times, Wall Street Journal, and London Spectator. His work is accessible to scholars and thoughtful citizens alike. Palmer has smuggled photocopiers and fax machines into the Soviet Union; organized movements against the draft, taxes, censorship, and victimless crime laws; and ceaselessly promoted freedom in the most hostile locations, from communist Europe and China to Iraq to the halls of academe. Whether writing as a scholar, journalist, or activist, Palmer is never boring and always challenging.
Realizing Freedom: Hegel, Sartre, and the Alienation of Human Being
by Gavin RaeA first in English, this book engages with the ways in which Hegel and Sartre answer the difficult questions: What is it to be human? What place do we have in the world? How should we live? What can we be?
The Realm of Rights
by Judith Jarvis ThomsonThe concept of a right is fundamental to moral, political, and legal thinking, but much of the use of that concept is selective and fragmentary: it is common merely to appeal to this or that intuitively plausible attribution of rights as needed for purposes of argument. In The Realm of Rights Judith Thomson provides a full-scale, systematic theory of human and social rights, bringing out what in general makes an attribution of a right true. <p><p> Thomson says that the question what it is to have a right precedes the question which rights we have, and she therefore begins by asking why our having rights is a morally significant fact about us. She argues that a person’s having a right is reducible to a complex moral constraint: central to that constraint is that, other things being equal, the right ought to be accorded. Thomson asks what those other things are that may or may not be equal, and describes the tradeoffs that relieve us of the requirement to accord a right. <p><p> Our rights fall into two classes, those we have by virtue of being human beings and those we have by virtue of private interactions and law. Thomson argues that the first class includes rights that others not kill or harm us, but does not include rights that others meet our needs. The second class includes rights that issue from promises and consent, and Thomson shows how they are generated; she also argues that property rights issue only from a legitimate legal system, so that the second class includes them as well. <p><p> The Realm of Rights will take its place as a major effort to provide a stable foundation for our deeply held belief that we are not mere cogs in a communal machine, but are instead individuals whose private interests are entitled to respect.
Reappraisals in the Law of Property (Law, Property and Society)
by John V. OrthSome of the most basic doctrines of property law are very old, many dating to the medieval era. How can legal rules that were born so long ago remain viable today? In Reappraisals in the Law of Property, author John V. Orth considers various topics in order to discover the forces that have been made and are continuing to remake these areas of the law. Orth proposes three forces in particular that have shaped the development of property law over time: the inertial force of tradition, the reforming power of judicial and legislative activism, and the constant challenge of academic criticism. Together, these themes form the foundation of a critical and challenging work, one that re-evaluates property law and demonstrates both its enduring consistency and the unique and often drastic ways in which it has evolved in the modern era.
The Rearguard of Subjectivity: On Legal Semiotics – Festschrift in Honour of Jan M. Broekman (Law and Visual Jurisprudence #9)
by Frank FleerackersEdmund Husserl’s ideas, informed by Kant’s Critiques, constituted a point of departure when rereading philosophical problems of subject and subjectivity. In his “Phänomenologie und Egologie” (1961/63), Jan Broekman revealed how Husserl analysed the “Split Ego” notion in Kant’s vision, which became fundamental for his phenomenology. The form and function of subjectivity were likewise positioned in psychiatry and literature, as well as in aesthetics, as Jan Broekman’s texts on ‘cubism’ demonstrated. Problems of ‘language’ unfolded in studies on topics ranging from the texts of Ezra Pound to the dialogic insights of Martin Buber, all of which were involved in the development of semiotics. Two themes accompanied these insights: the notion and later Parisian mainstream called structuralism, and the urgent need to arrive at deeper insights into the links between Marxism and phenomenology. Central language concepts also played a part: as early as 1986, Jan Broekman published on ‘semiology and medical discourse’, and in 1992 on ‘neurosemiotics’, before addressing the link between speech act and (legal as well as social) freedom in 1993. In all these works, the subject and the atmosphere of subjectivity were essential aspects. In addition to his writing, Jan Broekman gave courses on current philosophical issues, law and medicine until retiring in 1996, and in his “Intertwinements of Law and Medicine” revisited subjectivity aspects, while also offering a synthetic view.In this Festschrift in honour of Jan Broekman, the contributions address the analogue/digital dichotomy in semiotics, the multicultural self in language and semiotics, semiology and legal discourse, the legal subject and the atmosphere of subjectivity, intertwinements of law and medicine, the semiotics of law in legal education, signs in law and legal discourse, making meaning in law, and legal speech acts.
Reason, Action and Morality
by John KempOriginally published in 1964, this book critically examines some philosophical theories of the relation between reason and morality, with particular reference to the writings of Cudworth, Locke, Clarke, Hume and Kant. It also discusses the ways in which conduct may be assessed or criticised, and of the extent to which these ways of assessment may amount to, or be connected with, moral assessment. The conclusion shows how far and in what ways rational moral judgment is possible and what are its inevitable limitations.
Reason and Analysis in Ancient Greek Philosophy
by Georgios Anagnostopoulos Fred D. Miller Jr.This distinctive collection of original articles features contributions from many of the leading scholars of ancient Greek philosophy. They explore the concept of reason and the method of analysis and the central role they play in the philosophies of Socrates, Plato, and Aristotle. They engage with salient themes in metaphysics, epistemology, ethics, and political theory, as well as tracing links between each thinker's ideas on selected topics. The volume contains analyses of Plato's Socrates, focusing on his views of moral psychology, the obligation to obey the law, the foundations of politics, justice and retribution, and Socratic virtue. On Plato's Republic, the discussions cover the relationship between politics and philosophy, the primacy of reason over the soul's non-rational capacities, the analogy of the city and the soul, and our responsibility for choosing how we live our own lives. The anthology also probes Plato's analysis of logos (reason or language) which underlies his philosophy including the theory of forms. A quartet of reflections explores Aristotelian themes including the connections between knowledge and belief, the nature of essence and function, and his theories of virtue and grace. The volume concludes with an insightful intellectual memoir by David Keyt which charts the rise of analytic classical scholarship in the past century and along the way provides entertaining anecdotes involving major figures in modern academic philosophy. Blending academic authority with creative flair and demonstrating the continuing interest of ancient Greek philosophy, this book will be a valuable addition to the libraries of all those studying and researching the origins of Western philosophy.
Reason and Emotion in International Ethics
by Renée JefferyThe study of international ethics is marked by an overwhelming bias towards reasoned reflection at the expense of emotionally driven moral deliberation. For rationalist cosmopolitans in particular, reason alone provides the means by which we can arrive at the truly impartial moral judgments a cosmopolitan ethic demands. However, are the emotions as irrational, selfish and partial as most rationalist cosmopolitans would have us believe? By re-examining the central claims of the eighteenth-century moral sentiment theorists in light of cutting-edge discoveries in the fields of neuroscience and psychology, Renée Jeffery argues that the dominance of rationalism and marginalisation of emotions from theories of global ethics cannot be justified. In its place she develops a sentimentalist cosmopolitan ethic that does not simply provide a framework for identifying injustices and prescribing how we ought to respond to them, but which actually motivates action in response to international injustices such as global poverty.
Reason and Ethics: The Case Against Objective Value (Routledge Studies in Ethics and Moral Theory)
by Joel MarksReason and Ethics defends the theoretical claim that all values are subjective and the practical claim that human affairs can be conducted fruitfully in full awareness of this. Joel Marks goes beyond his previous work defending moral skepticism to question the existence of all objective values. This leads him to suggest a novel answer to the Companions in Guilt argument that the denial of morality would mean relinquishing rationality as well. Marks disarms the argument by conceding the irreality of both morality and logic, but is still able to rescue rationality while dispensing with morality on pragmatic grounds. He then offers a positive account of how life may be lived productively without recourse to attributions and assertions of right and wrong, good and bad, and even truth and falsity. Written in an accessible and engaging style, Reason and Ethics will be of interest to scholars and students working in metaethics as well as to the generally intellectually curious.
Reason and History in Judicial Judgment: Felix Frankfurter and Due Process
by Richard StevensStevens sees three crises in American judicial statesmanship. The first was the crisis of the founding. The well being of the country was subjected to grave danger, culminating in the crisis of the Civil War, and a refoundation was required. During the mid twentieth century, the United States faced the possibility of destruction, World War II and, the finding of malfeasance of the nation in the office of the president. The constant excitement of contest with antagonists makes it difficult to say whether the current crisis of the Supreme Court is merely a continuation or a whole new problem.The political leaders who resolved the first crisis and founded the Republic bequeathed as a part of that foundation the United States Supreme Court. During the subsequent history of the country, and with respect to its crises, the Court played a large part. Whether or not it does so well in the current period depends upon the quality of its judicial statesmanship. The judge is a person who acts. But it is considered action and considered action is based on prior understanding. The character of the Court's understanding, or direction, reveales itself in the course of its division over the application of the "due process" clause to state criminal proceedings.Frankfurter's view is problematic. If Western civilization is to be preserved, it must be because it is worth preserving. If it is worth preserving it must be because it is good. If so, can it be preserved by reliance upon and reference to itself, or must reliance not be placed upon that by virtue of which the thing to be preserved is worthy of preservation? This problem is not new to Western civilization. Much has been written about Frankfurter, and common descriptions of the terms "restraint" and "pragmatism" to characterize his doctrines. Previous treatments of these doctrines now available have not seemed adequate. The intention of "Reason and History in Judicial Judgment" is to treat them as ethical problems rather than as self-explaining conclusions.
Reason and Responsibility: Readings in Some Basic Problems of Philosophy
by Joel Feinberg Russ Shafer-LandauREASON AND RESPONSIBILITY: READINGS IN SOME BASIC PROBLEMS OF PHILOSOPHY has a well-earned reputation for excellence, with a proven selection of high-quality readings that cover centuries of thought and wisdom and include all major issues in metaphysics, epistemology, philosophy of religion, philosophy of mind, and ethics. The book's clear organization structures selections so that readings complement each other guiding you through contrasting positions on key concepts in philosophy. Clear, concise introductions to each Part provide just the right amount of guidance, letting you learn primarily from the readings themselves.
Reason in Law: Eighth Edition
by Lief Carter Tom BurkeArguing that good legal reasoning remains the best device by which we can ensure that judicial impartiality, the rule of law, and social trust and peace are preserved, Thomas F. Burke and Lief H. Carter present an accessible and lively text that analyzes the politics of the judicial process. Looking at the larger social and institutional contexts that affect the rule of law - including religious beliefs and media coverage of the courts - Reason in Law uses cases ripped from the headlines to illustrate its theory in real-world practice.
Reason in Law: Ninth Edition
by Lief H. Carter Thomas F. BurkeOver the nearly four decades it has been in print, Reason in Law has established itself as the place to start for understanding legal reasoning, a critical component of the rule of law. This ninth edition brings the book's analyses and examples up to date, adding new cases while retaining old ones whose lessons remain potent. It examines several recent controversial Supreme Court decisions, including rulings on the constitutionality and proper interpretation of the Affordable Care Act and Justice Scalia's powerful dissent in Maryland v. King. Also new to this edition are cases on same-sex marriage, the Voting Rights Act, and the legalization of marijuana. A new appendix explains the historical evolution of legal reasoning and the rule of law in civic life. The result is an indispensable introduction to the workings of the law.
Reason, Revelation, and the Civic Order: Political Philosophy and the Claims of Faith
by Carson HollowayWhile the dominant approaches to the current study of political philosophy are various, with some friendlier to religious belief than others, almost all place constraints on the philosophic and political role of revelation. Mainstream secular political theorists do not entirely disregard religion. But to the extent that they pay attention, their treatment of religious belief is seen more as a political or philosophic problem to be addressed rather than as a positive body of thought from which we might derive important insights about the nature of politics and the truth of the human condition. In a one-of-a-kind collection, DeHart and Holloway bring together leading scholars from various fields, including political science, philosophy, and theology, to challenge the prevailing orthodoxy and to demonstrate the role that religion can and does play in political life. Contributing authors include such important thinkers as Peter Augustine Lawler, Robert C. Koons, J. Budziszewski, Francis J. Beckwith, and James Stoner.
Reason, Spirit and the Sacral in the New Enlightenment
by Anna-Teresa TymienieckaRationality in its various expressions and innumerable applications sustains understanding and our sense of reality. It is traditionally differentiated according to its sources in the soul: in consciousness, in reason, in experience, and in elevation. Such a functional approach, however, leaves us searching for the common foundation harmonizing these rationalities. The perennial quest to resolve the aporias of rationality is finding in contemporary science's focus on origins, on the generative roots of reality, tantalizing hints as to how this may be accomplished. This project is enhanced by the wave of recent phenomenology/ontopoiesis of life, which reveals the workings of the logos at the root of beingness and all rationality, whereby we gaze upon the prospect of a New Enlightenment. In the rays of this vision the revival of the intuitions of classical Islamic metaphysics, particularly intuition of the continuity of beingness in the gradations of life, receive fresh confirmation.
Reasonable Doubt: A True Story of Lust and Murder in the American Heartland
by Steve VogelFollows a trial to its conclusion.
Reasonable Doubts
by Gianrico Carofiglio Howard CurtisA man gets sixteen years for smuggling drugs into Italy. Guerrieri takes on the appeal, discovers the accused was a neo-Fascist thug, and ends up in bed with his beautiful half-Japanese wife...the gnawing boredom of routine.
Reasonable Doubts: The O.J. Simpson Case and the Criminal Justice System
by Alan M. DershowitzAnalysis of the trial by a defense attorney.
Reasonable Expectations of Privacy: With Special Regard to European Privacy and Data Protection Law (Law, Governance and Technology Series #72)
by Paul Friedl‘Reasonable expectations of privacy’ have become a cornerstone concept in privacy and data protection legislation worldwide, extending today from US constitutional law to the GDPR, Article 8 ECHR, and various Asian and African data protection frameworks. This book offers a comprehensive analysis of this complex and ambiguous legal concept, addressing the many questions regarding its proper function, interpretation and application. Tracing the notion's evolution from the 1967 Supreme Court ruling in ‘Katz v United States’ to its status as a widespread paradigm of global privacy discourse, the work illuminates the many fallacies that pervade both academic and judicial interpretations. At its core, the book explores and evaluates four distinct models of ‘reasonable expectations,’ analysing their normative foundations and practical implications in depth. In doing so, the book also contributes to broader discussions within privacy and data protection theory, as it identifies and evaluates different strategies for regulating privacy conflicts, such as interest balancing or social norms-based regulation. Finally, the book also makes significant contributions to the scholarship on the EU General Data Protection Regulation (GDPR) and Article 8 ECHR, evaluating how 'reasonable expectations' operate within these contexts from empiric and normative perspectives.
Reasonable Faith
by John HaldaneIn this awaited follow up to his book Faithful Reason, the well-known philosopher and Catholic thinker John Haldane brings his unrivalled insight to bear on questions of the existence of God and the nature and destiny of the human soul. His arguments weave elements drawn from philosophy of mind, epistemology and aesthetics, together with recurrent features of human experience to create a structure that simultaneously frames and supports ideas such as that the cosmos is a creation, human beings transcend their material composition, and that human fulfilment lies beyond death. As in many of his other writings this volume blends themes from Aquinas with insights drawn from analytical philosophy and further establishes John Haldane as the leading 'analytical thomist'.