Constitutional Personae

Heroes, Soldiers, Minimalists, and Mutes
Author: Cass R. Sunstein
Publisher: Oxford University Press
ISBN: 0190222689
Category: Political Science
Page: 224
View: 1967

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Since America's founding, the U.S. Supreme Court had issued a vast number of decisions on a staggeringly wide variety of subjects. And hundreds of judges have occupied the bench. Yet as Cass R. Sunstein, the eminent legal scholar and bestselling co-author of Nudge, points out, almost every one of the Justices fits into a very small number of types regardless of ideology: the hero, the soldier, the minimalist, and the mute. Heroes are willing to invoke the Constitution to invalidate state laws, federal legislation, and prior Court decisions. They loudly embrace first principles and are prone to flair, employing dramatic language to fundamentally reshape the law. Soldiers, on the other hand, are skeptical of judicial power, and typically defer to decisions made by the political branches. Minimalists favor small steps and only incremental change. They worry that bold reversals of long-established traditions may be counterproductive, producing a backlash that only leads to another reversal. Mutes would rather say nothing at all about the big constitutional issues, and instead tend to decide cases on narrow grounds or keep controversial cases out of the Court altogether by denying standing. As Sunstein shows, many of the most important constitutional debates are in fact contests between the four Personae. Whether the issue involves slavery, gender equality, same-sex marriage, executive power, surveillance, or freedom of speech, debates have turned on choices made among the four Personae--choices that derive as much from psychology as constitutional theory. Sunstein himself defends a form of minimalism, arguing that it is the best approach in a self-governing society of free people. More broadly, he casts a genuinely novel light on longstanding disputes over the proper way to interpret the constitution, demonstrating that behind virtually every decision and beneath all of the abstract theory lurk the four Personae. By emphasizing the centrality of character types, Sunstein forces us to rethink everything we know about how the Supreme Court works.

HATE

Why We Should Resist It with Free Speech, Not Censorship
Author: Nadine Strossen
Publisher: Oxford University Press
ISBN: 0190859148
Category: Law
Page: 240
View: 8642

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HATE dispels misunderstandings plaguing our perennial debates about "hate speech vs. free speech," showing that the First Amendment approach promotes free speech and democracy, equality, and societal harmony. We hear too many incorrect assertions that "hate speech" -- which has no generally accepted definition -- is either absolutely unprotected or absolutely protected from censorship. Rather, U.S. law allows government to punish hateful or discriminatory speech in specific contexts when it directly causes imminent serious harm. Yet, government may not punish such speech solely because its message is disfavored, disturbing, or vaguely feared to possibly contribute to some future harm. When U.S. officials formerly wielded such broad censorship power, they suppressed dissident speech, including equal rights advocacy. Likewise, current politicians have attacked Black Lives Matter protests as "hate speech." "Hate speech" censorship proponents stress the potential harms such speech might further: discrimination, violence, and psychic injuries. However, there has been little analysis of whether censorship effectively counters the feared injuries. Citing evidence from many countries, this book shows that "hate speech" laws are at best ineffective and at worst counterproductive. Their inevitably vague terms invest enforcing officials with broad discretion, and predictably, regular targets are minority views and speakers. Therefore, prominent social justice advocates in the U.S. and beyond maintain that the best way to resist hate and promote equality is not censorship, but rather, vigorous "counterspeech" and activism.

The Hedgehog, the Fox, and the Magister's Pox

Mending the Gap Between Science and the Humanities
Author: Stephen Jay Gould
Publisher: Three Rivers Press (CA)
ISBN: 1400051533
Category: Science
Page: 273
View: 6462

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Draws on the philosophy of seventh century B.C. Greek soldier and poet Archilochus to challenge assumptions about an inescapable conflict between science and the humanities, rebut ideas from Edward O. Wilson's Consilience, and explain why the pursuit of knowledge must always operate in tandem with nature. Reprint. 50,000 first printing.

Health, Rights and Dignity

Philosophical Reflections on an Alleged Human Right
Author: Christian Erk
Publisher: Walter de Gruyter
ISBN: 3110319713
Category: Philosophy
Page: 385
View: 2682

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The idea that there is such a thing as a human right to health has become pervasive. It has not only been acknowledged by a variety of international law documents and thus entered the political realm but is also defended in academic circles. Yet, despite its prominence the human right to health remains something of a mystery - especially with respect to its philosophical underpinnings. Addressing this unfortunate and intellectually dangerous insufficiency, this book critically assesses the stipulation that health is a human right which - as international law holds - derives from the inherent dignity of the human person. Scrutinising the concepts underlying this stipulation (health, rights, dignity), it shall conclude that such right cannot be upheld from a philosophical perspective.

Constitutional literacy

a core curriculum for a multicultural nation
Author: Toni Marie Massaro
Publisher: Duke University Press Books
ISBN: N.A
Category: Education
Page: 200
View: 7544

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Americans agree that education needs reforming in this country--but after that, agreement ceases. The forces of diversity square off against those pushing cultural unity. The call for a national curriculum clashes with a call to decentralize school authority. This book brings a measured voice and fresh perspective to the educational maelstrom. Considering the debate from the perspective of constitutional law, Toni Marie Massaro offers a remarkably fair and lucid account of both sides, of their historical antagonism, and of what is at stake in the contest over the soul of America's schools. At the same time, she moves to break through the current impasse by offering the first principles of a curriculum mindful of all concerns. Constitutional Literacy plumbs the most powerful arguments for and against national standards to reveal that these curricular battles reflect a broader, culture-wrenching struggle over whether official recognition of race, ethnicity, gender, religion, or other differences causes more hostility and divisiveness than tolerance. Central to both conflicts is the tension between our desire for a shared national culture--the melting pot ideal--and our fervent belief in our right to dissent. Thus, Massaro shows, the American constitutional commitment to equality, freedom of speech, and freedom of religion is intensely relevant to the curriculum controversy. Constitutional history and practice reveal a crucial paradox: What binds Americans is their common faith in the right to break away from cultural consensus. As such, a call to a national curriculum is inherently a call to conflict and dissent. Constitutional principles, past education reform efforts, multicultural critiques of American education, modern studies of students' knowledge of American history and government, and ten years of experience teaching law all come into play in Massaro's analysis, and she concludes that shoring up our store of shared knowledge is a proper national objective. But this common store, she insists, must reflect our cultural and ideological differences lest it distort the reality of American life, past and present. Massaro thus proposes that constitutional principles form the basis of a core curriculum for a multicultural nation. In a debate often characterized by polemics and polls, this eloquent book presses for a different, more nuanced and responsive public vocabulary about race, gender, ethnicity, sexual orientation, and religion. Constitutional literacy, as Massaro defines it here, may be a necessary first step toward this goal.

Choosing Not to Choose

Understanding the Value of Choice
Author: Cass R. Sunstein
Publisher: Oxford University Press, USA
ISBN: 0190231696
Category: Law
Page: 219
View: 2215

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This is among the most significant ways in which they effect social change, yet we are just beginning to understand the power and impact of default rules. Many central questions remain unanswered: When should governments set such defaults, and when should they insist on active choices? How should such defaults be made? What makes some defaults successful while others fail? Cass R. Sunstein has long been at the forefront of developing public policy and regulation to use government power to encourage people to make better decisions. In this major new book, Choosing Not to Choose, he presents his most complete argument yet for how we should understand the value of choice, and when and how we should enable people to choose not to choose. The onset of big data gives corporations and governments the power to make ever more sophisticated decisions on our behalf, defaulting us to buy the goods we predictably want, or vote for the parties and policies we predictably support.

Making our Way through the World

Human Reflexivity and Social Mobility
Author: Margaret S. Archer
Publisher: Cambridge University Press
ISBN: 9781139464963
Category: Social Science
Page: N.A
View: 2134

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How do we reflect upon ourselves and our concerns in relation to society, and vice versa? Human reflexivity works through 'internal conversations' using language, but also emotions, sensations and images. Most people acknowledge this 'inner-dialogue' and can report upon it. However, little research has been conducted on 'internal conversations' and how they mediate between our ultimate concerns and the social contexts we confront. In this book, Margaret Archer argues that reflexivity is progressively replacing routine action in late modernity, shaping how ordinary people make their way through the world. Using interviewees' life and work histories, she shows how 'internal conversations' guide the occupations people seek, keep or quit; their stances towards structural constraints and enablements; and their resulting patterns of social mobility.

Human Dignity and Bioethics

Essays Commissioned by the President's Council on Bioethics
Author: President's Council on Bioethics (U.S.)
Publisher: Government Printing Office
ISBN: 9780160800719
Category: Business & Economics
Page: 555
View: 786

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NOTE: NO FURTHER DISCOUNT FOR THIS PRINT PRODUCT--OVERSTOCK SALE -- Significantly reduced list price while supplies last Contains a collection of essays exploring human dignity and bioethics, a concept crucial to today's discourse in law and ethics in general and in bioethics in particular. This publication gives some examples of how human dignity can be a difficult concept to apply in bioethical controversies, explores some of the complex roots of the modern notion of human dignity, in order to shed light on why its application to bioethics is so problematic, and suggests, tentatively, that a certain conception of human dignity--dignity understood as humanity-- has an important role to play in bioethics, both now and especially in the future. Related products: Ethics and Code of Conduct resources collection can be found here: https://bookstore.gpo.gov/catalog/laws-regulations/ethics-code-conduct

Politics, Philosophy, Culture

Interviews and Other Writings, 1977-1984
Author: Michel Foucault
Publisher: Routledge
ISBN: 1134976291
Category: Social Science
Page: 356
View: 2992

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Politics, Philosophy, Culture contains a rich selection of interviews and other writings by the late Michel Foucault. Drawing upon his revolutionary concept of power as well as his critique of the institutions that organize social life, Foucault discusses literature, music, and the power of art while also examining concrete issues such as the Left in contemporary France, the social security system, the penal system, homosexuality, madness, and the Iranian Revolution.

A Christian Theology of Place


Author: John Inge
Publisher: Routledge
ISBN: 1351962779
Category: Religion
Page: 176
View: 3048

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The place in which we stand is often taken for granted and ignored in our increasingly mobile society. Differentiating between place and space, this book argues that place has very much more influence upon human experience than is generally recognised and that this lack of recognition, and all that results from it, are dehumanising. John Inge presents a rediscovery of the importance of place, drawing on the resources of the Bible and the Christian tradition to demonstrate how Christian theology should take place seriously. A renewed understanding of the importance of place from a theological perspective has much to offer in working against the dehumanising effects of the loss of place. Community and places each build the identity of the other; this book offers important insights in a world in which the effects of globalisation continue to erode people's rootedness and experience of place.

Curating and the Educational Turn


Author: Paul O'Neill,Mick Wilson
Publisher: N.A
ISBN: 9780949004185
Category: Art
Page: 342
View: 545

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In recent years, there has been increased debate about the incorporation of pedagogy into art and curatorial practice-about what has been termed the `educational turn'. In this companion volume to the critically acclaimed Curating Subjects, artists, curators, crities and academics respond to this widely recognised sense of art's paradigmatic re-orientation towards the educational. Consisting primarily of newly commissioned texts, from interviews and position statements to performative texts and dialogues, Curating and the Educational Turn also includes a small number of previously published writings that have proved pivotal in the debate so far This anthology presents an essential enquiry for anyone interested in the cultural politics of production at the intersections of art teaching and learning Curating and the Educational Turn is indispensable reading for anyone interested in curating, art practice and pedagogy as creative, engaged and potentially transformative activities. This timely and important collection provides a forum for what has been described as the `educational turn' in curating and its more broad-based manifestations in art, education and culture.

Radicals in Robes


Author: Cass R. Sunstein,R Sunstein
Publisher: Basic Books
ISBN: 9780786734894
Category: Law
Page: 304
View: 1864

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Praised as a must-have primer during the Roberts and Alito hearings, Radicals in Robes offers a rigorous yet accessible analysis of what’s at stake in the judiciary choices made during these warring days of the Warren/Rehnquist legacy. Radicals in Robes pulls away the veil of rhetoric from a dangerous and radical movement and issues a strong and passionate warning about what conservatives really intend.

European Cinema

Face to Face with Hollywood
Author: Thomas Elsaesser
Publisher: Amsterdam University Press
ISBN: 9053565949
Category: Performing Arts
Page: 563
View: 9608

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'European Cinema in Crisis' examines the conflicting terminologies that have dominated the discussion of the future of European film-making. It takes a fresh look at the ideological agendas, from 'avante-garde cinema' to the high/low culture debate and the fate of popular European cinema.

Education and State Formation

Europe, East Asia and the USA
Author: A. Green
Publisher: Springer
ISBN: 1137341750
Category: Social Science
Page: 439
View: 2059

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Education has always been a key instrument of nation-building in new states. National education systems have typically been used to assimilate immigrants; to promote established religious doctrines; to spread the standard form of national languages; and to forge national identities and national cultures. They helped construct the very subjectivities of citizenship, justifying the ways of the state to the people and the duties of the people to the state. In this second edition of his seminal and widely-acclaimed book on the origins of public education in England, France, Prussia, and the USA, Andy Green shows how education has also been used as a tool of successful state formation in the developmental states of East Asia. While human capital theories have focused on how schools and colleges supply the skills for economic growth, Green shows how the forming of citizens and national identities through education has often provided the necessary condition for both economic and social development.

Beyond French Feminisms

Debates on Women, Culture and Politics in France 1980-2001
Author: R. Célestin,E. DalMolin,I. Courtivron
Publisher: Springer
ISBN: 1137095148
Category: Social Science
Page: 311
View: 1646

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This volume, a collection of essays by a number of high-profile personalities working in philosophy, literature, sociology, cinema, theatre, journalism, and politics, covers a number a of recent and crucial developments in the field of French Feminisms that have made a reassessment necessary. Beyond French Feminisms proposes to answer the question: what is new in French Feminism at the beginning of the twenty-first century? The essays reflect the shift from the theoretical and philosophical approaches that characterized feminism twenty years ago, to the more social and political questions of today. Topics include: the 'parité' and PACS debates, the France-USA dialogue, the 'multicultural' issues, and the new trends in literature and film by women.

The Public Domain Enclosing the Commons of the Mind


Author: James Boyle
Publisher: Tredition Classics
ISBN: 9783849513375
Category: Intellectual property
Page: 352
View: 6960

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Publisher description: "Our music, our culture, our science and our economic welfare all depend on a delicate balance between those ideas that are controlled and those that are free, between intellectual property and the public domain. In The Public Domain: Enclosing the Commons of the Mind (Yale University Press) James Boyle introduces readers to the idea of the public domain and describes how it is being tragically eroded by our current copyright, patent, and trademark laws. In a series of fascinating case studies, Boyle explains why gene sequences, basic business ideas and pairs of musical notes are now owned, why jazz might be illegal if it were invented today, why most of 20th century culture is legally unavailable to us, and why today's policies would probably have smothered the World Wide Web at its inception. Appropriately given its theme, the book will be sold commercially but also made available online for free under a Creative Commons license.".

Cosmic Constitutional Theory

Why Americans Are Losing Their Inalienable Right to Self-Governance
Author: J. Harvie Wilkinson
Publisher: OUP USA
ISBN: 0199846014
Category: Law
Page: 161
View: 3404

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What underlies this development? In this concise and highly engaging work, Federal Appeals Court Judge and noted author (From Brown to Bakke) J. Harvie Wilkinson argues that America's most brilliant legal minds have launched a set of cosmic constitutional theories that, for all their value, are undermining self-governance.

Arresting Images

Impolitic Art and Uncivil Actions
Author: Steven C. Dubin
Publisher: Routledge
ISBN: 1135214603
Category: Political Science
Page: 402
View: 5001

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Although contemporary art may sometimes shock us, more alarming are recent attempts to regulate its display. Drawing upon extensive interviews, a broad sampling of media accounts, legal documents and his own observations of important events, sociologist Steven Dubin surveys the recent trend in censorship of the visual arts, photography and film, as well as artistic upstarts such as video and performance art. He examines the dual meaning of arresting images--both the nature of art work which disarms its viewers and the social reaction to it. Arresting Images examines the battles which erupt when artists address such controversial issues as racial polarization, AIDS, gay-bashing and sexual inequality in their work.

A History of American Literature


Author: Richard Gray
Publisher: John Wiley & Sons
ISBN: 1444345680
Category: Literary Criticism
Page: 912
View: 9728

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Updated throughout and with much new material, A History of American Literature, Second Edition, is the most up-to-date and comprehensive survey available of the myriad forms of American Literature from pre-Columbian times to the present. The most comprehensive and up-to-date history of American literature available today Covers fiction, poetry, drama, and non-fiction, as well as other forms of literature including folktale, spirituals, the detective story, the thriller, and science fiction Explores the plural character of American literature, including the contributions made by African American, Native American, Hispanic and Asian American writers Considers how our understanding of American literature has changed over the past?thirty years Situates American literature in the contexts of American history, politics and society Offers an invaluable introduction to American literature for students at all levels, academic and general readers