Justifying Judgment

Author: Vincent Joseph Samar
Publisher:
ISBN:
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Many people submit to the law simply because they believe that the institutions administering it are just. But what if a law itself is unjust? The duty to obey law presupposes that laws are both consistent and just; because they aren't always, appeals to a higher political morality are sometimes necessary if justice is to be served. Justifying Judgment reconsiders the relationship between legal and political philosophy to show that the former is incomplete without the latter. Taking the problem of how to solve difficult cases as his point of departure, Vincent Samar demonstrates the inherent incompleteness of conventional theories of law in order to examine the meaning of justice in a democratic society. He reviews the current state of legal and political theory and then sets forth a metatheory for law which would enable judges to decide such cases by drawing upon competing theories of jurisprudence as the case's level of abstraction demands. Samar challenges the current wisdom that social morality can resolve every legal conflict by questioning the very principle of our submission to law. He re-examines some difficult cases from American history—Dred Scott, Brown v. Board of Education, Roe v. Wade, Romer v. Evans—in order to demonstrate the difficulties inherent in the law and to show that no single theory of law will always preserve the balance between individual and collective justice. Every day, judges face difficult cases for which the law provides no firm precedents, and sometimes is even contradictory. Samar's work seeks to put justice back into law by encouraging law schools—and even the practice—to train future judges to consider a much wider approach to legal decision making. In different cases, judges would no longer confine themselves to an internal analysis of the legal materials. Instead, the could appeal to the best ethical theory of politics to meet the intellectual challenges involved in both clarifying concepts and justifying rights. By challenging conventional views of the law, the book shows that our legal system could become more just as it becomes becomes more consistent.

Queer Philosophy

Author: Raja Halwani
Publisher: Rodopi
ISBN: 9042035609
Size: 36.88 MB
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The book is a collection of the presentations of the Society for Lesbian and Gay Philosophy from 1998 to 2008. The essays are organized historically, starting in 1998. Their topics cover virtually every philosophical field, and such that each is connected to gay and lesbian studies. Topics include how we are to understand sexual orientation, whether same-sex leads to polygamy, teaching gay studies to undergraduates, promiscuity and virtue, the “war on terror” and gay oppression, the rationality of coming out, the ethics of outing, connections between being gay and being happy, and last, but not least, dignity and being gay.

Legal Theory And The Legal Academy

Author: MaksymilianDel Mar
Publisher: Routledge
ISBN: 1351560506
Size: 50.24 MB
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The third in a series of three volumes on Contemporary Legal Theory, this volume deals with four topics: 1) the role of legal theory in the legal curriculum; 2) the teaching of legal theory; 3) the relationship of legal theory to legal scholarship; and 4) the relationship of legal theory to comparative law. The focus of the first two topics is on the common law world, where the debates over the aims and proper place of legal theory in the study of law have traversed a good deal of ground since John Austin's 1828 lecture, 'The Uses and the Study of Jurisprudence.' These first two parts offer a selection of the most important papers, including surveys, as well as pedagogical viewpoints and particular course descriptions from analytical, critical, feminist, law-and-literature and global perspectives. The last three decades have seen just as many changes for legal scholarship and comparative law. These changes (such as the rise of empirical legal scholarship) have often attracted the attention of legal theorists. Within comparative law, the last thirty years have witnessed intense methodological reflection within the discipline; the results of these reflections are themselves properly recognised as legal theoretical contributions. The volume collects the key papers, including those by Neil MacCormick, Mark Van Hoecke, Andrew Halpin, William Ewald and Geoffrey Samuel.

Gewirthian Perspectives On Human Rights

Author: Per Bauhn
Publisher: Routledge
ISBN: 1317232615
Size: 33.78 MB
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Gewirth’s theory of human rights has made a major contribution to philosophy. In this edited collection, contributors from a broad range of disciplines discuss the theoretical and practical application of Gewirthian theory to current world issues. Case studies highlight mental health, the LGBT community, intellectual disabilities, global economic inequality, and market instability to provide a truly interdisciplinary study. This important contribution to human rights scholarship provides a platform for further discussion of Gewirthian theory. It will be of interest to those researching moral, legal, and political philosophy, as well as policy makers, social workers, and medical staff.

An Introduction To Glbt Family Studies

Author: J Jerry Bigner
Publisher: Routledge
ISBN: 1136424644
Size: 64.55 MB
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Gain a better understanding of the special therapeutic issues and needs of GLBT families In terms of research, GLBT families constitute a neglected segment of society. Gender and sexual orientation can make the issues in family studies even more difficult to work through. An Introduction to GLBT Family Studies tackles a challenging research topic by presenting noted experts examining the latest information on the newest type of family studies—GLBT families. This groundbreaking text explores a wide range of unique problems faced by nontraditional families, as well as issues common to traditional families that need to be approached with a GLBT perspective. Though homophobia and heterosexism constantly influence GLBT families, these factors do not necessarily overwhelm the dynamic of their basic family unit. Issues present in many traditional families are found when researching GLBT families. An Introduction to GLBT Family Studies spotlights the issues, research, and future trends that provide a foundation for the study of GLBT families. This breakthrough volume focuses not only on the obvious unique factors within GLBT families, but also on the elements encountered within families that are present regardless of sexual orientation and gender, such as physical and emotional abuse. Expert contributors present research findings on family pattern issues relating to parent-child relationships, child development, sibling relationships, family structure, intimate relationships, stepfamilies, alternative family structures, and extended family relationships. Each chapter is extensively referenced and offers possibilities for further research. An Introduction to GLBT Family Studies discusses family studies topics such as: the impact of the family of origin life course perspective transgender identity issues and the family when a spouse comes out as gay, lesbian, or bisexual a study of lesbian couples adapting genogram techniques in therapy research comparing siblings of different sexual orientations studies of patterns of responses to parental reactions to learning their offspring are gay, lesbian, or bisexual the polyamory structure to some gay men’s familial relationships same-sex marriages and legalized relationships gay male couples’ roles in today’s society the impact of heterosexism on working with same-sex relationships research on long-term lesbian couples An Introduction to GLBT Family Studies is a valuable reference for academic researchers in family studies, marriage and family therapy, social work, and counseling; educators, upper division undergraduate and graduate students; and anyone interested in better understanding GLBT family studies.

Essential Law For Social Workers

Author: Robert G. Madden
Publisher: Columbia University Press
ISBN: 0231508999
Size: 55.83 MB
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Whether protecting their own rights or those of their clients, or navigating the juvenile justice, immigration, or welfare systems, social workers confront legal issues every day. This book explores legal concepts, legal reasoning, and legal processes—illustrated with case vignettes from social work practice—in order to provide social work practitioners and students with practical and accessible legal knowledge. It introduces readers to scholarship about the law and to conceptual knowledge that can be applied to any interaction with the legal system. Social workers are thereby enabled to "think like a lawyer" and increase their effectiveness. The volume features a discussion of recent reform movements, including Alternative Dispute Resolution, and an appendix of sources for legal information and research on the law.

Deleuze And Law

Author: Laurent de Sutter
Publisher: Edinburgh University Press
ISBN: 0748655395
Size: 38.61 MB
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This collection of 13 essays offers insights into Gilles Deleuze's philosophy of law which experiments with new forms of politics, economics and society.

Hegel S Political Philosophy

Author: Mark Tunick
Publisher: Princeton University Press
ISBN: 1400863074
Size: 24.81 MB
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To scholars of Western intellectual history Hegel is one of the most important of all political thinkers, but politicians and other "down-to-earth" persons see his speculative philosophy as far removed from their immediate concerns. Put off by his difficult terminology, many participants in practical politics may also believe that Hegel's idealism unduly legitimates the status quo. By examining his justification of legal punishment, this book introduces a Hegel quite different from these preconceptions: an acute critic of social practices. Mark Tunick draws on recently published but still untranslated lectures of Hegel's philosophy of right to take us to the core of Hegel's political thought. Hegel opposes radical criticism like that later offered by Marx, but, argues Tunick, he employs "immanent" criticism instead. For instance, Hegel claims that punishment is the criminal's right and makes the criminal free. From this standpoint, he defends specific features of the practice of punishment that accord with this retributive ideal and criticizes other features that contradict it. In a lucid account of what Hegel means by right and freedom, Tunick addresses Hegel specialists and those interested in criminal law, the interpretation of legal institutions and social practices, and justification from an immanent standpoint. Originally published in 1992. The Princeton Legacy Library uses the latest print-on-demand technology to again make available previously out-of-print books from the distinguished backlist of Princeton University Press. These editions preserve the original texts of these important books while presenting them in durable paperback and hardcover editions. The goal of the Princeton Legacy Library is to vastly increase access to the rich scholarly heritage found in the thousands of books published by Princeton University Press since its founding in 1905.