That Eminent Tribunal

Author: Christopher Wolfe
Publisher: Princeton University Press
ISBN: 9781400826285
Format: PDF, Mobi
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The role of the United States Supreme Court has been deeply controversial throughout American history. Should the Court undertake the task of guarding a wide variety of controversial and often unenumerated rights? Or should it confine itself to enforcing specific constitutional provisions, leaving other issues (even those of rights) to the democratic process? That Eminent Tribunal brings together a distinguished group of legal scholars and political scientists who argue that the Court's power has exceeded its appropriate bounds, and that sound republican principles require greater limits on that power. They reach this conclusion by an interesting variety of paths, and despite varied political convictions. Some of the essays debate the explicit claims to constitutional authority laid out by the Supreme Court itself in Planned Parenthood v. Casey and similar cases, and others focus on the defenses of judicial authority found commonly in legal scholarship (e.g., the allegedly superior moral reasoning of judges, or judges' supposed track record of superior political decision making). The authors find these arguments wanting and contend that the principles of republicanism and the contemporary form of judicial review exercised by the Supreme Court are fundamentally incompatible. The contributors include Hadley Arkes, Gerard V. Bradley, George Liebmann, Michael McConnell, Robert F. Nagel, Jack Wade Nowlin, Steven D. Smith, Jeremy Waldron, Keith E. Whittington, Christopher Wolfe, and Michael P. Zuckert.

Democratic Faith

Author: Patrick Deneen
Publisher: Princeton University Press
ISBN: 9781400826896
Format: PDF, ePub, Docs
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The American political reformer Herbert Croly wrote, "For better or worse, democracy cannot be disentangled from an aspiration toward human perfectibility." Democratic Faith is at once a trenchant analysis and a powerful critique of this underlying assumption that informs democratic theory. Patrick Deneen argues that among democracy's most ardent supporters there is an oft-expressed belief in the need to "transform" human beings in order to reconcile the sometimes disappointing reality of human self-interest with the democratic ideal of selfless commitment. This "transformative impulse" is frequently couched in religious language, such as the need for political "redemption." This is all the more striking given the frequent accompanying condemnation of traditional religious belief that informs the "democratic faith." At the same time, because so often this democratic ideal fails to materialize, democratic faith is often subject to a particularly intense form of disappointment. A mutually reinforcing cycle of faith and disillusionment is frequently exhibited by those who profess a democratic faith--in effect imperiling democratic commitments due to the cynicism of its most fervent erstwhile supporters. Deneen argues that democracy is ill-served by such faith. Instead, he proposes a form of "democratic realism" that recognizes democracy not as a regime with aspirations to perfection, but that justifies democracy as the regime most appropriate for imperfect humans. If democratic faith aspires to transformation, democratic realism insists on the central importance of humility, hope, and charity.

Freedom s Orphans

Author: David L. Tubbs
Publisher: Princeton University Press
ISBN: 9780691134703
Format: PDF, ePub, Mobi
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Has contemporary liberalism's devotion to individual liberty come at the expense of our society's obligations to children? Divorce is now easy to obtain, and access to everything from violent movies to sexually explicit material is zealously protected as freedom of speech. But what of the effects on the young, with their special needs and vulnerabilities? Freedom's Orphans seeks a way out of this predicament. Poised to ignite fierce debate within and beyond academia, it documents the increasing indifference of liberal theorists and jurists to what were long deemed core elements of children's welfare. Evaluating large changes in liberal political theory and jurisprudence, particularly American liberalism after the Second World War, David Tubbs argues that the expansion of rights for adults has come at a high and generally unnoticed cost. In championing new "lifestyle" freedoms, liberal theorists and jurists have ignored, forgotten, or discounted the competing interests of children. To substantiate his arguments, Tubbs reviews important currents of liberal thought, including the ideas of Isaiah Berlin, Ronald Dworkin, and Susan Moller Okin. He also analyzes three key developments in American civil liberties: the emergence of the "right to privacy" in sexual and reproductive matters; the abandonment of the traditional standard for obscenity prosecutions; and the gradual acceptance of the doctrine of "strict separation" between religion and public life.

From Subsistence to Exchange and Other Essays

Author: Lord Peter Tamas Bauer
Publisher: Princeton University Press
ISBN: 9780691117829
Format: PDF, ePub, Docs
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Peter Bauer, a pioneer of development economics, is an incisive thinker whose work continues to influence fields from political science to history to anthropology. As Nobel Laureate Amartya Sen writes in the introduction to this book, "the originality, force, and extensive bearing of his writings have been quite astonishing." This collection of Bauer's essays reveals the full power and range of his thought as well as the central concern that underlies so much of his diverse work: the impact of people's conduct, their cultural institutions, and the policies of their governments on economic progress. The papers here cover pressing and controversial issues, including the process that transforms a subsistence economy into an exchange economy, the reputed correlation between poverty and population density, the alleged responsibility of the West for Third World poverty, the often counterproductive results of foreign aid, and the effects of egalitarian policies on individual freedoms. Bauer addresses these and other matters with clarity, verve, and wit, combining his deep understanding of economic theory and methodology with keen insights into human nature. The book is a penetrating account of how to develop a prosperous economy alongside a free and fair society and a stimulating introduction to the work of a man who has done so much to shape our modern understanding of developing economies and of the relationship of economics to the other social sciences. "This selection of essays will give readers a wonderful opportunity to learn about the rich world of cognizance and analysis erected by one of the great architects of political economy. I feel privileged to be able to offer this letter of invitation."--From the introduction by Amartya Sen, Nobel Laureate in economics

The Future of Assisted Suicide and Euthanasia

Author: Neil M. Gorsuch
Publisher: Princeton University Press
ISBN: 9780691140971
Format: PDF, ePub, Mobi
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After assessing the strengths and weaknesses of arguments for assisted suicide and euthanasia, Gorsuch builds a nuanced, novel, and powerful moral and legal argument against legalization, one based on a principle that, surprisingly, has largely been overlooked in the debate; the idea that human life is intrinsically valuable and that intentional killing is always wrong. At the same time, the argument Gorsuch develops leaves wide latitude for individual patient autonomy and the refusal of unwanted medical treatment and life-sustaining care, permitting intervention only in cases where an intention to kill is present.

The Most Dangerous Branch

Author: Edward B. McLean
Publisher: University Press of Amer
ISBN: 9780761841500
Format: PDF, Kindle
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"Over the years the Supreme Court of the United States, and other courts, have been subjects of controversy, disagreement, praise, and condemnation. Many of the expressed misgivings regarding the expansion of judicial power have been born out by the decisions reflected not only in the verdicts of the Supreme Court of the United States, but also in other judicial forums of American society. The effect of these decisions has resulted in an attack on the American civil society that compels the nation to follow courses of development that, were they to be legitimate, would have emanated from the political institutions of the country, not from the legal institutions." "The Most Dangerous Branch is a collection of essays that provide support for these contentions and hope to prompt citizens to demand greater responsibility by the courts and their adherence to their proper role in a system under the rule of law."--BOOK JACKET.

Meine geliebte Welt

Author: Sonia Sotomayor
Publisher: C.H.Beck
ISBN: 3406659489
Format: PDF
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Aufgewachsen in der Bronx, Puertoricanerin, die Kindheit prekär, der Vater Alkoholiker, die Mutter überfordert – Sonia Sotomayor war es nicht gerade in die Wiege gelegt, eines Tages Richterin am höchsten Gericht der Vereinigten Staaten von Amerika zu werden. Mit einem großen Herzen und viel Humor erzählt diese Ausnahmefrau von ihrem Weg, aber nicht um sich dabei auf die Schulter zu klopfen, sondern um anderen Menschen mit ihrer eigenen Geschichte Mut zu machen. Ein hinreißendes, ansteckendes Buch über das Trotzdem und über die – wirklich wichtigen – Dinge des Lebens. „’Nach der Lektüre werden mich die Leser nach menschlichen Kriterien beurteilen’, schreibt Sonia Sotomayor. Wir, die wir in diesem Fall die Jury sind, finden sie einfach unwiderstehlich.“ Washingtonian „Überwältigende und stark geschriebene Memoiren zum Thema Identität und Persönlichkeitsfindung ... Offenherzig, scharf beobachtet und vor allem tief empfunden.“ The New York Times „Eine Frau, die weiß, wo sie herkommt und die die Kraft hat, uns dorthin mitzunehmen.“ The New York Times Book Review