Reflections on Judging

Author: Richard A. Posner

Publisher: Harvard University Press

ISBN: 0674184645

Category: Law

Page: 393

View: 441

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For Richard Posner, legal formalism and formalist judges--notably Antonin Scalia--present the main obstacles to coping with the dizzying pace of technological advance. Posner calls for legal realism--gathering facts, considering context, and reaching a sensible conclusion that inflicts little collateral damage on other areas of the law.
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Judging Statutes

Author: Robert A. Katzmann

Publisher: Oxford University Press

ISBN: 0199362157

Category: Law

Page: 256

View: 9815

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In an ideal world, the laws of Congress--known as federal statutes--would always be clearly worded and easily understood by the judges tasked with interpreting them. But many laws feature ambiguous or even contradictory wording. How, then, should judges divine their meaning? Should they stick only to the text? To what degree, if any, should they consult aids beyond the statutes themselves? Are the purposes of lawmakers in writing law relevant? Some judges, such as Supreme Court Justice Antonin Scalia, believe courts should look to the language of the statute and virtually nothing else. Chief Judge Robert A. Katzmann of the U.S. Court of Appeals for the Second Circuit respectfully disagrees. In Judging Statutes, Katzmann, who is a trained political scientist as well as a judge, argues that our constitutional system charges Congress with enacting laws; therefore, how Congress makes its purposes known through both the laws themselves and reliable accompanying materials should be respected. He looks at how the American government works, including how laws come to be and how various agencies construe legislation. He then explains the judicial process of interpreting and applying these laws through the demonstration of two interpretative approaches, purposivism (focusing on the purpose of a law) and textualism (focusing solely on the text of the written law). Katzmann draws from his experience to show how this process plays out in the real world, and concludes with some suggestions to promote understanding between the courts and Congress. When courts interpret the laws of Congress, they should be mindful of how Congress actually functions, how lawmakers signal the meaning of statutes, and what those legislators expect of courts construing their laws. The legislative record behind a law is in truth part of its foundation, and therefore merits consideration.
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Lectures on Kant's Political Philosophy

Author: Hannah Arendt

Publisher: University of Chicago Press

ISBN: 022623178X

Category: Philosophy

Page: 182

View: 5994

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Hannah Arendt's last philosophical work was an intended three-part project entitled The Life of the Mind. Unfortunately, Arendt lived to complete only the first two parts, Thinking and Willing. Of the third, Judging, only the title page, with epigraphs from Cato and Goethe, was found after her death. As the titles suggest, Arendt conceived of her work as roughly parallel to the three Critiques of Immanuel Kant. In fact, while she began work on The Life of the Mind, Arendt lectured on "Kant's Political Philosophy," using the Critique of Judgment as her main text. The present volume brings Arendt's notes for these lectures together with other of her texts on the topic of judging and provides important clues to the likely direction of Arendt's thinking in this area.
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The Art of Effective Facilitation

Reflections From Social Justice Educators

Author: Lisa M. Landreman

Publisher: Stylus Publishing, LLC

ISBN: 1579229794

Category: Education

Page: 292

View: 2100

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How can I apply learning and social justice theory to become a better facilitator? Should I prepare differently for workshops around specific identities? How do I effectively respond when things aren’t going as planned? This book is intended for the increasing number of faculty and student affairs administrators – at whatever their level of experience -- who are being are asked to become social justice educators to prepare students to live successfully within, and contribute to, an equitable multicultural society. It will enable facilitators to create programs that go beyond superficial discussion of the issues to fundamentally address the structural and cultural causes of inequity, and provide students with the knowledge and skills to work for a more just society. Beyond theory, design, techniques and advice on practice, the book concludes with a section on supporting student social action. The authors illuminate the art and complexity of facilitation, describe multiple approaches, and discuss the necessary and ongoing reflection process. What sets this book apart is how the authors illustrate these practices through personal narratives of challenges encountered, and by admitting to their struggles and mistakes. They emphasize the need to prepare by taking into account such considerations as the developmental readiness of the participants, and the particular issues and historical context of the campus, before designing and facilitating a social justice training or selecting specific exercises. They pay particular attention to the struggle to teach the goals of social justice education in a language that can be embraced by the general public, and to connect its structural and contextual analyses to real issues inside and outside the classroom. The book is informed by the recognition that “the magic is almost never in the exercise or the handout but, instead, is in the facilitation”; and by the authors’ commitment to help educators identify and analyze dehumanizing processes on their campuses and in society at large, reflect on their own socialization, and engage in proactive strategies to dismantle oppression.
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Reflections for a Better Life

Author: Christopher Perry

Publisher: WestBow Press

ISBN: 1490801073

Category: Self-Help

Page: 162

View: 1338

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Reflections for a Better Life grew out of a desire to answer questions about the relevance of the biblical message to modern life, and particularly, how to live a better life. Although most of them are exhortatory, many are simply meditations on common themes and are meant to be thought- and action-provoking, rather than authoritative pronouncements on faith or morals. Like the Bible itself, they are often meant to call the reader him- or herself into question and to facilitate reflections on one’s life and one’s relationship to God.
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Pluralism in International Criminal Law

Author: Elies van Sliedregt,Sergey Vasiliev

Publisher: OUP Oxford

ISBN: 019100829X

Category: Law

Page: 410

View: 2384

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Despite the growth in international criminal courts and tribunals, the majority of cases concerning international criminal law are prosecuted at the domestic level. This means that both international and domestic courts have to contend with a plethora of relevant, but often contradictory, judgments by international institutions and by other domestic courts. This book provides a detailed investigation into the impact this pluralism has had on international criminal law and procedure, and examines the key problems which arise from it. The work identifies the various interpretations of the concept of pluralism and discusses how it manifests in a broad range of aspects of international criminal law and practice. These include substantive jurisdiction, the definition of crimes, modes of individual criminal responsibility for international crimes, sentencing, fair trial rights, law of evidence, truth-finding, and challenges faced by both international and domestic courts in gathering, testing and evaluating evidence. Authored by leading practitioners and academics in the field, the book employs pluralism as a methodological tool to advance the debate beyond the classic view of 'legal pluralism' leading to a problematic fragmentation of the international legal order. It argues instead that pluralism is a fundamental and indispensable feature of international criminal law which permeates it on several levels: through multiple legal regimes and enforcement fora, diversified sources and interpretations of concepts, and numerous identities underpinning the law and practice. The book addresses the virtues and dangers of pluralism, reflecting on the need for, and prospects of, harmonization of international criminal law around a common grammar. It ultimately brings together the theories of legal pluralism, the comparative law discourse on legal transplants, harmonization, and convergence, and the international legal debate on fragmentation to show where pluralism and divergence will need to be accepted as regular, and even beneficial, features of international criminal justice.
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Family Worship

Containing Reflections and Prayers for Domestic Devotion

Author: Otis Ainsworth Skinner

Publisher: N.A

ISBN: N.A

Category: Prayers

Page: 216

View: 4530

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