Reflections On Judging

Author: Richard A. Posner
Editor: Harvard University Press
ISBN: 0674184645
Size: 20,64 MB
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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.

The Art And Craft Of Judging In The United States

Author: Gerald Gunther
Editor:
ISBN:
Size: 17,27 MB
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Judging Statutes

Author: Robert A. Katzmann
Editor: Oxford University Press
ISBN: 0199362157
Size: 12,20 MB
Format: PDF
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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.

Outward Reflections

Author: Ted Rehn
Editor: Xlibris Corporation
ISBN: 1469113678
Size: 13,99 MB
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Lectures On Kant S Political Philosophy

Author: Hannah Arendt
Editor: University of Chicago Press
ISBN: 022623178X
Size: 16,28 MB
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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.

The Art Of Effective Facilitation

Author: Lisa M. Landreman
Editor: Stylus Publishing, LLC
ISBN: 1579229794
Size: 20,80 MB
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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.

Reflections For A Better Life

Author: Christopher Perry
Editor: WestBow Press
ISBN: 1490801073
Size: 19,18 MB
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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.

Created Equal Reflections On The Unalienable Right To Life

Author: Thomas A. Glessner, J.D.
Editor: Page Publishing Inc
ISBN: 1683484045
Size: 10,29 MB
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Reflections On Fundamental Matters Not For The Satisfied Mind

Author: John H.T. Francis
Editor: Lulu Press, Inc
ISBN: 1483402347
Size: 11,83 MB
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Addressing important questions that have been discussed across many times and cultures, this essay, written in a simple style, seeks to awaken you from the slumber of intellectual complacency. Author John H.T. Francis presents a multi-disciplinary look at prevalent interpretations and fundamental questions of human interest. He tackles many of humanity’s most important and difficult topics, drawing on many fields of knowledge and action, including science, philosophy, sociology, economics, politics, anthropology, and psychology. This study explores history, knowledge, the human mind and psyche, the nature of existence, the phenomenon of life, socio-economic and political dynamics, ethics, religions, and several current, pressing individual and collective challenges. It provides elements of answers and attempts to position subjects of general importance under a new light. Universal in his approach, Francis reaches out to those who are interested in delving deeper into the human understanding.

Greek Reflections On The Nature Of Music

Author: Flora R. Levin
Editor: Cambridge University Press
ISBN: 0521518903
Size: 15,20 MB
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In this book, Flora Levin explores how and why music was so important to the ancient Greeks. She examines the distinctions that they drew between the theory of music as an art ruled by number and the theory wherein number is held to be ruled by the art of music. These perspectives generated more expansive theories, particularly the idea that the cosmos is a mirror-image of music's structural elements and, conversely, that music by virtue of its cosmic elements - time, motion, and the continuum - is itself a mirror-image of the cosmos. These opposing perspectives gave rise to two opposing schools of thought, the Pythagorean and the Aristoxenian. Levin argues that the clash between these two schools could never be reconciled because the inherent conflict arises from two different worlds of mathematics. Her book shows how the Greeks' appreciation of the profundity of music's interconnections with philosophy, mathematics, and logic led to groundbreaking intellectual achievements that no civilization has ever matched.