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The Journal of Legal Studies, volume 51 number 2 (June 2022)
by The Journal of Legal StudiesThis is volume 51 issue 2 of The Journal of Legal Studies. The Journal of Legal Studies publishes interdisciplinary academic research that tests or develops a particular legal or social scientific theory about law and legal institutions, including short submissions that critique or extend articles published in previous issues of the JLS. The JLS emphasizes social science approaches, especially those of economics, political science, and psychology, but it also publishes the work of historians, philosophers, and others who are interested in legal theory. The Journal was founded in 1972.
Journal of the Dead: A Story Of Friendship And Murder In The New Mexico Desert
by Jason KerstenI killed and buried my best friend today ...When authorities found Raffi Kodikian -- barely alive -- four days after he and his friend David Coughlin became lost in Rattlesnake Canyon, they made a grim and shocking discovery. Kodikian freely admitted that he had stabbed Coughlin twice in the heart. Had there been a darker motive than mercy? And how could anyone, under any circumstances, kill his best friend?Armed with the journal Kodikian and Coughlin carried into Rattle- snake Canyon, Jason Kersten re-creates in riveting detail those fateful days that led to the killing in an infamously unforgiving wilderness.
Journalism and the Debate Over Privacy (Routledge Communication Series)
by Craig L. LaMayJournalism and the Debate Over Privacy situates the discussion of issues of privacy in the landscape of professional journalism. Privacy problems present the widest gap between what journalism ethics suggest and what the law allows. This edited volume examines these problems in the context of both free expression theory and newsroom practice. Including essays by some of the country's foremost First Amendment scholars, the volume starts off in Part I with an examination of privacy in theoretical terms, intended to start the reader thinking broadly about conceptual problems in discussions about journalism and privacy. Part II builds on the theoretical underpinnings and looks at privacy problems as they are experienced by working journalists. This volume features discussion of: *privacy as a socially-constructed right--a moving target that changes with technology, social norms, national experience, and journalistic practice; *privacy as both a property and a commercial right; *privacy in terms of journalism ethics and journalistic codes; *privacy as an attribute of press independence from government; and *Bartnicki v. Vopper and its implications for journalism. With this volume, editor Craig L. LaMay provides a concise, intellectually provocative overview of a topic that is of growing importance to journalists, both legally and ethically. The work is intended for scholars and advanced students in communication law, ethics, and First Amendment rights, and is also appropriate for First Amendment and media law classes in law schools.
The Journalist and the Murderer
by Janet MalcolmIn two previous books, Janet Malcolm explored the hidden sides of, respectively, institutional psychoanalysis and Freudian biography. In this book, she examines the psychopathology of journalism. Using a strange and unprecedented lawsuit as her larger-than-life example -- the lawsuit of Jeffrey MacDonald, a convicted murderer, against Joe McGinniss, the author of Fatal Vision, a book about the crime -- she delves into the always uneasy, sometimes tragic relationship that exists between journalist and subject. In Malcolm's view, neither journalist nor subject can avoid the moral impasse that is built into the journalistic situation. When the text first appeared, as a two-part article in The New Yorker, its thesis seemed so radical and its irony so pitiless that journalists across the country reacted as if stung.Her book is a work of journalism as well as an essay on journalism: it at once exemplifies and dissects its subject. In her interviews with the leading and subsidiary characters in the MacDonald-McGinniss case -- the principals, their lawyers, the members of the jury, and the various persons who testified as expert witnesses at the trial -- Malcolm is always aware of herself as a player in a game that, as she points out, she cannot lose. The journalist-subject encounter has always troubled journalists, but never before has it been looked at so unflinchingly and so ruefully. Hovering over the narrative -- and always on the edge of the reader's consciousness -- is the MacDonald murder case itself, which imparts to the book an atmosphere of anxiety and uncanniness. The Journalist and the Murderer derives from and reflects many of the dominant intellectual concerns of our time, and it will have a particular appeal for those who cherish the odd, the off-center, and the unsolved.From the Trade Paperback edition.
Journalist Safety and Self-Censorship
by Anna Gr Ingrid Fadnes Roy KrThis book explores the relationship between the safety of journalists and self-censorship practices around the world, including local case studies and regional and international perspectives. Bringing together scholars and practitioners from around the globe, Journalist Safety and Self-Censorship provides new and updated insights into patterns of self-censorship and free speech, focusing on a variety of factors that affect these issues, including surveillance, legislation, threats, violent conflict, gender-related stereotypes, digitisation and social media. The contributions examine topics such as trauma, risk and self-censorship among journalists in different regions of the world, including Central America, Estonia, Turkey, Uganda and Pakistan. The book also provides conceptual clarity to the notion of journalist self-censorship, and explores the question of how self-censorship may be studied empirically.Combining both theoretical and practical knowledge, this collection serves as a much-needed resource for any academic, student of journalism, practicing journalist, or NGO working on issues of journalism, safety, free speech and censorship.
Journalists and Their Shadows
by Patrick LawrencePART MEMOIR, PART SOCIAL HISTORY, Journalists and Their Shadows captures the deplorable state of the American media in our time—recording its deterioration, its moments of crisis, and ultimately, its transformation as seen through the eyes of a journalist engaged at its very heart through all its phases. The press had a bad Cold War, Patrick Lawrence contends, and never recovered from it, having never acknowledged its errors and so unable to learn from them. Its dysfunctional relationship with the national security state today is strikingly reminiscent of how it was in the Cold War’s earliest days. With remarkable fidelity, all the old errors are being repeated. As a result, the mainstream American media have entered into a period of profound transformation, in the course of which independent media are emerging as the profession’s most dynamic sector—and represent, indeed, the promise of a brilliant future. A weave of three elements, Lawrence’s book offers a searing cultural and political critique, punctuated by the kind of piquant detail only insiders can provide. He also makes the case for a way forward—an optimistic case based on the vitality now apparent among independent media. Here, too, he is at home, providing the book’s most original coverage of this brave new world. He draws upon many years in the profession, a multitude of mainstream outlets ranging from his decades as foreign correspondent for the venerable International Herald Tribune to his work now as a columnist for a similar wide range of alternative news outlets such as Counterpunch and Consortium News. 'Shadows' probes the psychological dilemma that must be understood if we are to address the current crisis. Journalists in our time are divided within themselves—driven to meet thoroughly professional but ideologically conformist standards, but on the other, subliminally struggling to breach the barriers that preclude the truths they know should be conveyed. This latter, as Jung has put it, is the journalist’s shadow. Shadows’ case for the reintegration of the divided journalist is striking and original. This record of the American media’s increasingly shabby betrayal of the public trust sheds light on why the American public thought and thinks the way it does, how it has become aware that the truth it seeks is absent, and where and how it may yet be able to ferret it out. Here is a guide to the future, in fact, of journalism itself.
The Journalist's Guide to American Law
by John T. Nockleby Laurie L. Levenson Karl M. Manheim F. Jay Dougherty Victor J. Gold Allan Ides Daniel W. MartinThis easy-to-use guidebook offers an overview of American law that should find a place on the desk of any journalism student or professional journalist. The Journalist’s Guide to American Law provides an overview of major legal principles and issues in practical terms for journalists covering any aspect of the legal system. The book’s organization captures both the bird’s-eye view of the subject and offers an easy reference guide when the professional needs to understand a distinct legal concept. The areas covered range from professional concerns such as the First Amendment, cameras in the courtroom, Sunshine laws, and access to government documents to general legal matters such as the institutions of law and the lawmaking function of the judiciary, core constitutional principles such as separation of powers and judicial review, and the day-to-day functioning of courts. Equally at home on the desk of the general assignment reporter or the legal correspondent, as well as their producers and editors, the book equips the journalist with the knowledge required to translate complex legal notions into plain English.
The Journalist's Guide to Media Law: A handbook for communicators in a digital world
by Mark Polden Mark PearsonWe are all journalists and publishers now: at the touch of a button we can send our words, sounds and images out to the world. No matter whether you're a traditional journalist, a blogger, a public relations practitioner or a social media editor, everything you publish or broadcast is subject to the law. But which law?This widely used practical guide to communication law is essential reading for anyone who writes or broadcasts professionally, whether in journalism or strategic communication. It offers a mindful approach to assessing media law risks so practitioners can navigate legal and ethical barriers to publishing in mainstream and social media.This sixth edition has been substantially revised to reflect recent developments in litigation, and the impact of national security laws and the rising gig economy where graduates might work in the news media, PR, new media start-ups, or as freelancers. It covers defamation, contempt, confidentiality, privacy, trespass, intellectual property, and ethical regulation, as well as the special challenges of commenting on criminal allegations and trials. Recent cases and examples from social media, journalism and public relations are used to illustrate key points and new developments. Whether you work in a news room, in public relations or marketing, or blog from home, make sure you have The Journalist's Guide to Media Law at your side.'Whether you're an MSM editor or reporter, a blogger, a tweeter or a personal brand, this book might save your bacon.' - Jonathan Holmes, former ABC Media Watch host'The leading text book from which most journos learned their law' - Margaret Simons, associate professor in journalism, Monash University
Journey through Genocide: Stories of Survivors and the Dead
by Raffy BoudjikanianPowerful accounts by genocide survivors, a journalist seeking to bear witness to their pain. Darfuri refugee camps in Chad, Kigali in Rwanda, and the ruins of ancient villages in Turkey — all visited by genocide, all still reeling in its wake. In Journey through Genocide, Raffy Boudjikanian travels to communities that have survived genocide to understand the legacy of this most terrible of crimes against humanity. In this era of ethnic and religious wars, mass displacements, and forced migrations, Boudjikanian looks back at three humanitarian crises. In Chad, meet families displaced by massacres in the Darfur region of neighbouring Sudan, their ordeal still raw. In Rwanda, meet a people struggling with justice and reconciliation. And in Turkey, explore what it means to still be afraid a century after the author’s own ancestors were caught in the Armenian Genocide of 1915. Clear-eyed and compassionate, Boudjikanian breathes life into horrors that too often seem remote.
Journeys Toward Gender Equality in Islam
by Ziba Mir-HosseiniIf justice is an intrinsic value in Islam, why have women been treated as second-class citizens in Islamic legal tradition? Today, the idea of gender equality, inherent to contemporary conceptions of justice, presents a challenge to established, patriarchal interpretations of Shari&‘a. In thought-provoking discussions with six influential Muslim intellectuals – Abdullahi An-Na&’im, Amina Wadud, Asma Lamrabet, Khaled Abou El Fadl, Mohsen Kadivar and Sedigheh Vasmaghi – Ziba Mir-Hosseini explores how egalitarian gender laws might be constructed from within the Islamic legal framework.
The Joy of Consent: A Philosophy of Good Sex
by Manon Garcia“From the bedroom to the classroom to the courtroom, ‘consent’ is a key term in our contemporary sexual ethics. In this timely reexamination, Manon Garcia deftly reveals the hidden complexities of consent and proposes how to reconceptualize it as a tool of liberation.”—Amia Srinivasan, author of The Right to SexA feminist philosopher argues that consent is not only a highly imperfect legal threshold but also an underappreciated complement of good sex.In the age of #MeToo, consent has become the ultimate answer to problems of sexual harassment and violence: as long as all parties agree to sex, the act is legitimate. Critics argue that consent, and the awkwardness of confirming it, rob sex of its sexiness. But that objection is answered with the charge that opposing the consent regime means defending a masculine erotics of silence and mystery, a pillar of patriarchy.In The Joy of Consent, French philosopher Manon Garcia upends the assumptions that underlie this very American debate, reframing consent as an ally of pleasure rather than a legalistic killjoy. In doing so, she rejects conventional wisdom on all sides. As a legal norm, consent can prove rickety: consent alone doesn’t make sex licit—adults engaged in BDSM are morally and legally suspect even when they consent. And nonconsensual sex is not, as many activists insist, always rape. People often agree to sex because it is easier than the alternative, Garcia argues, challenging the simplistic equation between consent and noncoercion.Drawing on sources rarely considered together—from Kantian ethics to kink practices—Garcia offers an alternative framework grounded in commitments to autonomy and dignity. While consent, she argues, should not be a definitive legal test, it is essential to realizing intimate desire, free from patriarchal domination. Cultivating consent makes sex sexy. By appreciating consent as the way toward an ethical sexual flourishing rather than a legal litmus test, Garcia adds a fresh voice to the struggle for freedom, equality, and security from sexist violence.
The Joy of the Gospel
by Robert Barron James Martin Pope FrancisThe perfect gift! A specially priced, beautifully designed hardcover edition of The Joy of the Gospel with a foreword by Robert Barron and an afterword by James Martin, SJ. "The joy of the gospel fills the hearts and lives of all who encounter Jesus... In this Exhortation I wish to encourage the Christian faithful to embark upon a new chapter of evangelization marked by this joy, while pointing out new paths for the Church's journey in years to come." - Pope Francis This special edition of Pope Francis's popular message of hope explores themes that are important for believers in the 21st century. Examining the many obstacles to faith and what can be done to overcome those hurdles, he emphasizes the importance of service to God and all his creation. Advocating for "the homeless, the addicted, refugees, indigenous peoples, the elderly who are increasingly isolated and abandoned," the Holy Father shows us how to respond to poverty and current economic challenges that affect us locally and globally. Ultimately, Pope Francis demonstrates how to develop a more personal relationship with Jesus Christ, "to recognize the traces of God's Spirit in events great and small." Profound in its insight, yet warm and accessible in its tone, The Joy of the Gospel is a call to action to live a life motivated by divine love and, in turn, to experience heaven on earth. Includes a foreword by Robert Barron, author of Catholicism: A Journey to the Heart of the Faith and James Martin, SJ, author of Jesus: A PilgrimageFrom the Hardcover edition.
The Joyful Vegan: How to Stay Vegan in a World That Wants You to Eat Meat, Dairy, and Eggs
by Colleen Patrick-GoudreauFinding plant-based recipes? Easy. Dealing with the social, cultural, and emotional aspects of being vegan in a non-vegan world? That's the hard part. The Joyful Vegan is here to help. Many people choose veganism as a logical and sensible response to their concerns about animals, the environment, and/or their health. But despite their positive intentions and the personal benefits they experience, they're often met with resistance from friends, family members, and society at large. These external factors can make veganism socially difficult—and emotionally exhausting—to sustain. This leads to an unfortunate reality: the majority of vegans (and vegetarians) revert back to consuming meat, dairy, or eggs—breaching their own values and sabotaging their own goals in the process. Colleen Patrick-Goudreau, known as "The Joyful Vegan," has guided countless individuals through the process of becoming vegan. Now, in her seventh book, The Joyful Vegan, she shares her insights into why some people stay vegan and others stop. It's not because there's nothing to eat. It's not because there isn't enough protein in plants. And it's not because people lack willpower or moral fortitude. Rather, people stay vegan or not depending on how well they navigate the social, cultural, and emotional aspects of being vegan: constantly being asked to defend your eating choices, living with the awareness of animal suffering, feeling the pressure (often self-inflicted) to be perfect, and experiencing guilt, remorse, and anger. In these pages, Colleen shares her wisdom for managing these challenges and arms readers—both vegan and plant-based—with solutions and strategies for "coming out vegan" to family, friends, and colleagues; cultivating healthy relationships (with vegans and non-vegans); communicating effectively; sharing enthusiasm without proselytizing; finding like-minded community; and experiencing peace of mind as a vegan in a non-vegan world. By implementing the tools provided in this book, readers will find they can live ethically, eat healthfully, engage socially—and remain a joyful vegan.
The Joyous Science
by Friedrich Nietzsche'God is dead ... but given the ways of men, perhaps for millennia to come there will be caves in which his shadow will be shown'Friedrich Nietzsche described The Joyous Science as a book of 'exuberance, restlessness, contrariety and April showers'. A deeply personal and affirmative work, it straddles his middle and late periods and contains some of the most important ideas he would ever express in writing. Moving from a critique of conventional morality, the arts and modernity to an exhilarating doctrine of self-emancipation, this playful combination of aphorisms, poetry and prose is a treasure trove of philosophical insights, brought to new life in R. Kevin Hill's clear, graceful translation. Translated and edited with an introduction and notes by R. Kevin Hill
JRD Tata and the Ethics of Philanthropy
by Sundar SarukkaiThis book introduces readers to the ethics of philanthropy, particularly in the Indian context. Drawing on JRD Tata’s philosophy and approach to business, it shows how business and philanthropy were intrinsically related for him. JRD Tata was arguably one of the most influential businessmen in post-Independence India. He was instrumental in not only expanding the Tata businesses but was also known for his impact on the conduct of business as well as his support for various national projects including research and education. He introduced key labour laws in his factories, which later became the model for the Indian government. He was also part of government institutions such as Air India. By discussing ideas such as trusteeship, the notion of profit, the relation between public and private, and social welfare, the book offers an intellectual map of JRD’s thoughts and an original perspective on their significance for an ethics of philanthropy in general. It provides new insights into the nature of ethical problems in the Indian context as well as ways to negotiate with them based on JRD’s work and reflections. It further creates a more meaningful understanding of Corporate Social Responsibility in the present global economy. Lucid and comprehensive, this book will be useful to scholars, researchers and faculty in departments of management and business studies, social work, sociology, economics and philosophy, as well as across social sciences. It will be of great interest to philanthropy organisations, non-governmental organisations, business schools, industry bodies, corporates, and those in leadership and management.
Juan Valdéz. La estrategia detrás de la marca
by Varios AutoresLa estrategia para posicionar a una de las marcas más icónicas del país. Juan Valdez, su mula Conchita y el paisaje montañoso son la imagen del café colombiano en el mundo. Estos tres íconos han impulsado la imagen del café colombiano y a lo largo de 50 años de existencia, han sufrido una serie de transformaciones que han ayudado a que hoy se reconozca el café colombiano como el más rico del mundo.
Judaism, Race, and Ethics: Conversations and Questions (Dimyonot: Jews and the Cultural Imagination #8)
by Jonathan K. CraneRecent political and social developments in the United States reveal a deep misunderstanding of race and religion. From the highest echelons of power to the most obscure corners of society, color and conviction are continually twisted, often deliberately for nefarious reasons, or misconstrued to stymie meaningful conversation. This timely book wrestles with the contentious, dynamic, and ethically complicated relationship between race and religion through the lens of Judaism. Featuring essays by lifelong participants in discussions about race, religion, and society— including Susannah Heschel, Sander L. Gilman, and George Yancy—this vibrant book aims to generate a compelling conversation vitally relevant to both the academy and the community. Starting from the premise that understanding prejudice and oppression requires multifaceted critical reflection and a willingness to acknowledge one’s own bias, the contributors to this volume present surprising arguments that disentangle fictions, factions, and facts. The topics they explore include the role of Jews and Jewish ethics in the civil rights movement, race and the construction of American Jewish identity, rituals of commemoration celebrating Jewish and black American resilience, the "Yiddish gaze" on lynchings of black bodies, and the portrayal of racism as a mental illness from nineteenth-century Vienna to twenty-first-century Charlottesville. Each essay is linked to a classic Jewish source and accompanied by guiding questions that help the reader identify salient themes connecting ancient and contemporary concerns.In addition to the editor, the contributors include Sander L. Gilman, Annalise E. Glauz-Todrank, Aaron S. Gross, Susannah Heschel, Sarah Imhoff, Willa M. Johnson, Judith W. Kay, Jessica Kirzane, Nichole Renée Phillips, and George Yancy.
Judaism, Race, and Ethics: Conversations and Questions (Dimyonot)
by Jonathan K. CraneRecent political and social developments in the United States reveal a deep misunderstanding of race and religion. From the highest echelons of power to the most obscure corners of society, color and conviction are continually twisted, often deliberately for nefarious reasons, or misconstrued to stymie meaningful conversation. This timely book wrestles with the contentious, dynamic, and ethically complicated relationship between race and religion through the lens of Judaism. Featuring essays by lifelong participants in discussions about race, religion, and society— including Susannah Heschel, Sander L. Gilman, and George Yancy—this vibrant book aims to generate a compelling conversation vitally relevant to both the academy and the community. Starting from the premise that understanding prejudice and oppression requires multifaceted critical reflection and a willingness to acknowledge one’s own bias, the contributors to this volume present surprising arguments that disentangle fictions, factions, and facts. The topics they explore include the role of Jews and Jewish ethics in the civil rights movement, race and the construction of American Jewish identity, rituals of commemoration celebrating Jewish and black American resilience, the “Yiddish gaze” on lynchings of black bodies, and the portrayal of racism as a mental illness from nineteenth-century Vienna to twenty-first-century Charlottesville. Each essay is linked to a classic Jewish source and accompanied by guiding questions that help the reader identify salient themes connecting ancient and contemporary concerns.In addition to the editor, the contributors include Sander L. Gilman, Annalise E. Glauz-Todrank, Aaron S. Gross, Susannah Heschel, Sarah Imhoff, Willa M. Johnson, Judith W. Kay, Jessica Kirzane, Nichole Renée Phillips, and George Yancy.
The Judge: A Life of Thomas Mellon, Founder of a Fortune
by James MellonLawyer, judge, banker, classics professor, and councilman, Thomas Mellon greatly influenced the fortunes of his hometown, Pittsburgh, throughout the nineteenth century. In the process, he became one of the city's most important business leaders, and he laid the foundation for a family that would contribute considerably to the city's growth and welfare for much of the next hundred years, becoming one of the world's most recognizable names in industry, innovation, and philanthropy. Through his in-depth examination of the extensive Mellon family archives, in The Judge James Mellon--a direct descendent of Thomas Mellon--has fashioned an incisive portrait of the elder Mellon that presents the man in full. Offering a singular and insightful characterization of the Scotch-Irish value system that governed the patriarch's work and life, James Mellon captures the judge's complexities and contradictions, revealing him as a truly human figure. Among the recent biographies of Pittsburgh's famous businessmen, The Judge stands apart from the pack because of the author's unique perspective and his objective and scholarly approach to his subject.
Judge and Jury
by James Patterson Andrew GrossAndie DeGrasse, aspiring actress and single mother, does not want to do jury service. But despite her attempts to get dismissed, she still ends up as Juror No.11 in a landmark trial against notorious Mafia Don, Dominic Cavello.Cavello, A.K.A the Electrician, is linked to hundreds of unspeakable crimes and his power knows no bounds. But Senior FBI agent Nick Pellisante has been tracking him for years and conviction is a sure thing. As the jury reaches its verdict, the Electrician makes a devastating move. The entire nation is reeling, and Andie's world is shattered. The hunt for Cavello just got personal, and she and Pellisante join together, determined to exact justice - at any cost.
The Judge and the Proportionate Use of Discretion: A Comparative Administrative Law Study (Routledge Research in EU Law)
by Sofia Ranchordás Boudewijn De WaardThis book examines different legal systems and analyses how the judge in each of them performs a meaningful review of the proportional use of discretionary powers by public bodies. Although the proportionality test is not equally deep-rooted in the literature and case-law of France, Germany, the Netherlands and the United Kingdom, this principle has assumed an increasing importance partly due to the influence of the European Court of Justice and European Court of Human Rights. In the United States, different standards of judicial review are applied to review ‘arbitrary and capricious’ agency discretion. However, do US judges achieve a similar result to the proportionality or reasonableness test? Drawing together a selection of key experts in the field, this book analyses the principle of proportionality in the judicial review of administrative decisions from different perspectives. The principle is first examined in the context of recent developments in the literature and case-law, including the inevitable EU influence, then light shall be shed on the meaning of this principle in the specific case-law of the European Court of Justice and European Court of Human Rights. Finally, the authors go on to explore the ways in which US judges consciously ‘sanction’ the ‘disproportionate’ and/or unreasonable’ use of agency discretion. In the legal systems where the proportionality test plays a very limited role, Ranchordás and de Waard also try to clarify why this is the case and look at what alternative solutions have been found. This book will be of great interest to scholars of public and administrative law, and EU law.
The Judge as Political Theorist: Contemporary Constitutional Review
by David RobertsonThe Judge as Political Theorist examines opinions by constitutional courts in liberal democracies to better understand the logic and nature of constitutional review. David Robertson argues that the constitutional judge's role is nothing like that of the legislator or chief executive, or even the ordinary judge. Rather, constitutional judges spell out to society the implications--on the ground--of the moral and practical commitments embodied in the nation's constitution. Constitutional review, in other words, is a form of applied political theory. Robertson takes an in-depth look at constitutional decision making in Germany, France, the Czech Republic, Poland, Hungary, Canada, and South Africa, with comparisons throughout to the United States, where constitutional review originated. He also tackles perhaps the most vexing problem in constitutional law today--how and when to limit the rights of citizens in order to govern. As traditional institutions of moral authority have lost power, constitutional judges have stepped into the breach, radically altering traditional understandings of what courts can and should do. Robertson demonstrates how constitutions are more than mere founding documents laying down the law of the land, but increasingly have become statements of the values and principles a society seeks to embody. Constitutional judges, in turn, see it as their mission to transform those values into political practice and push for state and society to live up to their ideals.
The Judge in a Democracy
by Aharon BarakWhether examining election outcomes, the legal status of terrorism suspects, or if (or how) people can be sentenced to death, a judge in a modern democracy assumes a role that raises some of the most contentious political issues of our day. But do judges even have a role beyond deciding the disputes before them under law? What are the criteria for judging the justices who write opinions for the United States Supreme Court or constitutional courts in other democracies? These are the questions that one of the world's foremost judges and legal theorists, Aharon Barak, poses in this book. In fluent prose, Barak sets forth a powerful vision of the role of the judge. He argues that this role comprises two central elements beyond dispute resolution: bridging the gap between the law and society, and protecting the constitution and democracy. The former involves balancing the need to adapt the law to social change against the need for stability; the latter, judges' ultimate accountability, not to public opinion or to politicians, but to the "internal morality" of democracy. Barak's vigorous support of "purposive interpretation" (interpreting legal texts--for example, statutes and constitutions--in light of their purpose) contrasts sharply with the influential "originalism" advocated by U.S. Supreme Court Justice Antonin Scalia. As he explores these questions, Barak also traces how supreme courts in major democracies have evolved since World War II, and he guides us through many of his own decisions to show how he has tried to put these principles into action, even under the burden of judging on terrorism.
The Judge, the Judiciary and the Court: Individual, Collegial and Institutional Judicial Dynamics in Australia
by Gabrielle Appleby Andrew LynchThe Judge, the Judiciary and the Court is aimed at anyone interested in the Australian judiciary today. It examines the impact of the individual on the judicial role, while exploring the collegiate environment in which judges must operate. This professional community can provide support but may also present its own challenges within the context of a particular court's relational dynamic and culture. The judge and the judiciary form the 'court', an institution grounded in a set of constitutional values that will influence how judges and the judiciary perform their functions. This collection brings together analysis of the judicial role that highlights these unique aspects, particularly in the Australian setting. Through the lenses of judicial leadership, diversity, collegiality, dissent, style, technology, the media and popular culture, it analyses how judges work individually and as a collective to protect and promote the institutional values of the court.