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A Debt Against the Living: An Introduction to Originalism
by Ilan WurmanThomas Jefferson famously wrote that the earth belongs to the living. His letter to James Madison is often quoted for the proposition that we should not be bound to the 'dead hand of the past', suggesting that the Constitution should instead be interpreted as a living, breathing document. Less well-known is Madison's response, in which he said the improvements made by the dead - including the US Constitution - form a debt against the living, who benefit from them. In this illuminating book, Ilan Wurman introduces Madison's concept of originalism to a new generation and shows how it has shaped the US Supreme Court in ways that are expected to continue following the death of Justice Antonin Scalia, one of the theory's leading proponents. It should be read by anyone seeking a better understanding of originalism and its ongoing influence on the constitutional jurisprudence of the Supreme Court.
A Decade of Disaster Experiences in Ōtautahi Christchurch: Critical Disaster Studies Perspectives
by Bruce C. Glavovic Steve Matthewman Shinya UekusaThis book critically surveys a decade of disasters in Ōtautahi Christchurch. It brings together a diverse range of authors, disciplinary approaches and topics, to reckon with the events that commenced with the 2010-2011 Canterbury earthquake sequence. Each contribution tackles its subject matter through the frame of Critical Disaster Studies (CDS). The events and the subsequent recovery provide a once-in-a-lifetime opportunity to learn from a series of concatenating urban disasters in order to prepare us for our future on an urban planet facing unprecedented environmental pressures. The book focuses on the production of vulnerability, the human dimensions of disaster, the Indigenous response to disasters and the practical lessons that can be drawn from them.
A Decent Life: Morality for the Rest of Us
by Todd May“In lively prose, May . . . breaks down complex philosophical concepts and uses a range of everyday examples to illustrate how morality can be practical.” —Publishers WeeklyIn a world full of suffering and deprivation, it’s easy to despair—and it’s also easy to judge ourselves for not doing more. Even if we gave away everything we own and devoted ourselves to good works, it wouldn’t solve all the world’s problems. It would make them better, though. So is that what we have to do? Is anything less a moral failure? Can we lead a fundamentally decent life without taking such drastic steps?Todd May has answers. He’s not the sort of philosopher who tells us we have to be model citizens who display perfect ethics in every decision we make. He’s realistic: he understands that living up to ideals is a constant struggle. In A Decent Life, May leads readers through the traditional philosophical bases of a number of arguments about what ethics asks of us, then he develops a more reasonable and achievable way of thinking about them, one that shows us how we can use philosophical insights to participate in the complicated world around us. He explores how we should approach the many relationships in our lives—with friends, family, animals, people in need—through the use of a more forgiving, if no less fundamentally serious, moral compass. With humor, insight, and a lively and accessible style, May opens a discussion about how we can, realistically, lead the good life that we aspire to.“A meditation on how striving for decency is a route towards personal satisfaction and happiness.” —Chicago Tribune
A Defense of Simulated Experience: New Noble Lies (Routledge Studies in Contemporary Philosophy)
by Mark SilcoxThis book defends an account of the positive psychological, ethical, and political value of simulated human experience. Philosophers from Plato and Augustine to Heidegger, Nozick, and Baudrillard have warned us of the dangers of living on too heavy a diet of illusion and make-believe. But contemporary cultural life provides broader, more attractive opportunities to do so than have existed at any other point in history. The gentle forms of self-deceit that such experiences require of us, and that so many have regarded as ethically unwholesome or psychologically self-destructive, can in fact serve as vital means to political reconciliation, cultural enrichment, and even (a kind of) utopia. The first half of the book provides a highly schematic definition of simulated experience and compares it with some claims about the nature of simulation made by other philosophers about what it is for one thing to be a simulation of another. The author then provides a critical survey of the views of some major authors about the value of certain specific types of simulated experience, mainly in order to point out the many puzzling inconsistencies and ambiguities that their thoughts upon the topic often exhibit. In the second half of the book, the author defends an account of the positive social value of simulated experience and compares his own position to the ideas of a number of utopian political thinkers, as well as to Plato's famous doctrine of the "noble lie." He then makes some tentative practical suggestions about how a proper appreciation of the value of simulated experience might influence public policy decisions about such matters as the justification of taxation, paternalistic "choice management," and governmental transparency. A Defense of Simulated Experience will appeal to a broad range of philosophers working in normative ethics, aesthetics, the philosophy of technology, political philosophy, and the philosophy of culture who are interested in questions about simulated experience. The book also makes a contribution to the emerging field of Game Studies.
A Defiant Life: Thurgood Marshall and the Persistence of Racism in America
by Howard BallThurgood Marshall's extraordinary contribution to civil rights and overcoming racism is more topical than ever, as the national debate on race and the overturning of affirmative action policies make headlines nationwide. Howard Ball, author of eighteen books on the Supreme Court and the federal judiciary, has done copious research for this incisive biography to present an authoritative portrait of Marshall the jurist.Born to a middle-class black family in "Jim Crow" Baltimore at the turn of the century, Marshall's race informed his worldview from an early age. He was rejected by the University of Maryland Law School because of the color of his skin. He then attended Howard University's Law School, where his racial consciousness was awakened by the brilliant lawyer and activist Charlie Houston. Marshall suddenly knew what he wanted to be: a civil rights lawyer, one of Houston's "social engineers." As the chief attorney for the NAACP, he developed the strategy for the legal challenge to racial discrimination. His soaring achievements and his lasting impact on the nation's legal system--as the NAACP's advocate, as a federal appeals court judge, as President Lyndon Johnson's solicitor general, and finally as the first African American Supreme Court Justice--are symbolized by Brown v. Board of Education, the landmark case that ended legal segregation in public schools. Using race as the defining theme, Ball spotlights Marshall's genius in working within the legal system to further his lifelong commitment to racial equality. With the help of numerous, previously unpublished sources, Ball presents a lucid account of Marshall's illustrious career and his historic impact on American civil rights.From the Hardcover edition.
A Democratic Constitution for Public Education
by Paul T. Hill Ashley E. JochimAmerica's education system faces a stark dilemma: it needs governmental oversight, rules and regulations, but it also needs to be adaptable enough to address student needs and the many different problems that can arise at any given school-something that large educational bureaucracies are notoriously bad at. The authors offer a solution.
A Devil's Chaplain: Reflections on Hope, Lies, Science, and Love
by Richard DawkinsEssays on morality, mortality, and much more from the New York Times–bestselling author of The Selfish Gene and The God Delusion. This early collection of essays from renowned evolutionary biologist Richard Dawkins is an enthusiastic declaration, a testament to the power of rigorous scientific examination to reveal the wonders of the world. In these essays, Dawkins revisits the meme, the unit of cultural information that he named and wrote about in his groundbreaking work, The Selfish Gene. Here also are moving tributes to friends and colleagues, including a eulogy for novelist Douglas Adams, author of The Hitchhiker&’s Guide to the Galaxy; correspondence with fellow biologist Stephen Jay Gould; commentary on the events of 9/11; and visits with the famed paleoanthropologists Richard and Meave Leakey at their African wildlife preserve. Ending with a vivid note to Dawkins&’s ten-year-old daughter, reminding her to remain curious, ask questions, and live the examined life, A Devil&’s Chaplain is a fascinating read by &“a man of firm opinions, which he expresses with clarity and punch&” (Scientific American).
A Dharma Reader: Classical Indian Law (Historical Sourcebooks in Classical Indian Thought)
by Patrick OlivelleWhether defined by family, lineage, caste, professional or religious association, village, or region, India's diverse groups did settle on a concept of law in classical times. How did they reach this consensus? Was it based on religious grounds or a transcendent source of knowledge? Did it depend on time and place? And what apparatus did communities develop to ensure justice was done, verdicts were fair, and the guilty were punished?Addressing these questions and more, A Dharma Reader traces the definition, epistemology, procedure, and process of Indian law from the third century B.C.E. to the middle ages. Its breadth captures the centuries-long struggle by Indian thinkers to theorize law in a multiethnic and pluralist society. The volume includes new and accessible translations of key texts, notes that explain the significance and chronology of selections, and a comprehensive introduction that summarizes the development of various disciplines in intellectual-historical terms. It reconstructs the principal disputes of a given discipline, which not only clarifies the arguments but also relays the dynamism of the fight. For those seeking a richer understanding of the political and intellectual origins of a major twenty-first-century power, along with unique insight into the legal interactions among its many groups, this book offers exceptional detail, historical precision, and expository illumination.
A Dialogue Between Law and History: Proceedings of the Second International Conference on Facts and Evidence
by Jing Lin Baosheng Zhang Thomas Yunlong ManThis book builds on the success of the First International Conference on Facts and Evidence: A Dialogue between Law and Philosophy (Shanghai, China, May 2016), which was co-hosted by the Collaborative Innovation Center of Judicial Civilization (CICJC) and East China Normal University. The Second International Conference on Facts and Evidence: A Dialogue between Law and History was jointly organized by the CICJC, the Institute of Evidence Law and Forensic Science (ELFS) at China University of Political Science and Law (CUPL), and Peking University School of Transnational Law (STL) in Shenzhen, China, on November 16–17, 2019. Historians, legal scholars and legal practitioners share the same interest in ascertaining the “truth” in their respective professional endeavors. It is generally recognized that any historical study without truthful narration of historical events is fiction and that any judicial trial without accurate fact-finding is a miscarriage of justice. In both historical research and the judicial process, practitioners are invariably called upon, before making any arguments, to prove the underlying facts using evidence, regardless of how the concept is defined or employed in different academic or practical contexts. Thus, historians and legal professionals have respectively developed theories and methodological tools to inform and explain the process of gathering evidentiary proof. When lawyers and judges reconsider the facts of cases, “questions of law” are actually a subset of “questions of fact,” and thus, the legal interpretation process also involves questions of “historical fact.” The book brings together more than twenty leading history and legal scholars from around the world to explore a range of issues concerning the role of facts as evidence in both disciplines. As such, the book is of enduring value to historians, legal scholars and everyone interested in truth-seeking.
A Dictionary of Law (5th edition)
by Elizabeth A. MartinWritten in clear, jargon-free language, this dictionary provides over 4,000 concise, informative entries on all aspects of English law. Considerably revised and expanded for this sixth edition it includes a wealth of new features such as weblinks, feature entries, and a supplement on writing legal essays. Invaluable for students, professionals, and the general reader needing clarification of legal terms.
A Dictionary of Criminal Justice
by Peter Joyce Neil WainA Dictionary of Criminal Justice is the only dictionary that deals with criminal justice from a UK perspective, and in doing so provides a comprehensive guide to all aspects of the British criminal justice system, including its historical context and contemporary operations. The first three sections of the book explore in turn key definitions, key pieces of legislation and key documents that have helped to shape the operations of the criminal justice system, whilst the fourth details websites of particular relevance to this field. As such, this dictionary provides an extensive but accessible introduction to the important terms that relate to both the development and the contemporary processes of criminal justice. It also succeeds in placing the UK criminal justice system within an international setting through the inclusion of entries that acknowledge the global setting in which British justice operates. Guides to key legislation and documents are included, and each definition is accompanied by references for further reading, making this book an invaluable learning tool for both students and practitioners of criminal justice.
A Dictionary of Thought
by Karl Marx Dagobert D. RunesThis dictionary, from the pen of the well-known philosopher Dagobert D. Runes, is offered as an attempt to define the borderlines of human thinking and human morality. In 152 pages organized alphabetically, Dr. Runes has created a dictionary of his own philosophical musings indexed by evocative words. Each word is followed by up to several single sentence aphorisms and occasionally a short essay. As a collection, they cover an extremely broad range of topics. In his search for real verities and true humanity, he takes the reader on an arduous thought-provoking voyage through the depths of the mind. This type of soul-searching philosophy, unburdened by traditional manner and terminology, is sometimes baffling, frequently of melancholy character, but almost always fascinating and inspiring.
A Dictionary of Thought
by Dagobert D. RunesAn A-to-Z collection of thoughtful aphorisms and ruminations by the philosopher and founder of the Philosophical Library. In this unique dictionary, philosopher Dagobert D. Runes attempts to define the contours of human thinking and morality. In a series of terms organized alphabetically, Runes systematically sets out his own musings on topics ranging from Abhorrence and Ability to Zeal, Zen, and Zero. Each word is followed by up to several single-sentence aphorisms and occasionally a short essay. In his search for real verities and true humanity, Runes takes the reader on a thought-provoking voyage through the depths of the human mind. This is philosophy as intellectual soul-searching, unburdened by traditional manner and terminology. Sometimes baffling and frequently melancholy, it is always fascinating and inspiring.
A Different Shade of Blue
by Ann Rule Adam EisenbergWhat's it like to be a female cop? Stripped of the television stereotypes and politically correct whitewashing, this is the on-the-record in their own names accounting from three generations of female officers. Black, white, lesbian, straight, feminist, married, single. The only thing they have in common is the badge and gun.
A Digest of WTO Jurisprudence on Public International Law Concepts and Principles
by Graham CookIn its first twenty years, the WTO dispute settlement system generated over 350 decisions totalling more than 60,000 pages. These decisions contain many statements by WTO adjudicators regarding the law of treaties, state responsibility, international dispute settlement, and other topics of general public international law. This book is a collection of nearly one thousand statements by WTO adjudicators relating to admissibility and jurisdiction; attribution of conduct to a State; breach of an obligation; conflicts between treaties; countermeasures; due process; evidence before international tribunals; good faith; judicial economy; municipal law; non-retroactivity; reasonableness; sources of international law; sovereignty; treaty interpretation; and words and phrases commonly used in treaties and other international legal instruments. This comprehensive digest presents summaries and extracts organized systematically under issue-specific sub-headings, making this jurisprudence easily accessible to students and practitioners working in any field of international law.
A Director's Guide to Governance in the Boardroom: Across the Private, Public, and Voluntary Sectors
by Arturo LangaThis book is a practical guide for executive and non-executive directors and aspiring directors to lead, govern, and steer UK-based organisations to long-term sustainable success. In today’s turbulent environment, corporate governance is increasingly scrutinised, and this book will consider how directors can ‘bring the future forward’ with respect to responsible and ethical governance and leadership against the challenging political, environmental, and economic backdrop. While other books discuss UK corporate governance, this one uniquely demonstrates how the work of directors can build an organisation’s antifragility, and offers a view of stewardship approaches to every sector and type of UK organisation, from large premium listed companies to start-ups, the public sector, not-for-profits, partnerships, and family-owned and private-equity-backed organisations. Aspiring and experienced directors will each benefit from this book as well as those who provide board evaluation services, professional advisers, auditors, and those who provide training and other support for board members.
A Director's Guide to Governance in the Boardroom: Across the Private, Public, and Voluntary Sectors
by Arturo LangaThis book is a practical guide for executive and non-executive directors and aspiring directors to lead, govern, and steer UK-based organisations to long-term sustainable success. In today’s turbulent environment, corporate governance is increasingly scrutinised, and this book will consider how directors can ‘bring the future forward’ with respect to responsible and ethical governance and leadership against the challenging political, environmental, and economic backdrop. While other books discuss UK corporate governance, this one uniquely demonstrates how the work of directors can build an organisation’s antifragility, and offers a view of stewardship approaches to every sector and type of UK organisation, from large premium listed companies to start-ups, the public sector, not-for-profits, partnerships, and family-owned and private-equity-backed organisations. Aspiring and experienced directors will each benefit from this book as well as those who provide board evaluation services, professional advisers, auditors, and those who provide training and other support for board members.
A Discourse on Domination in Mandate Palestine: Imperialism, Property and Insurgency
by Zeina B. GhandourBritish discourse during the Mandate, with its unremitting convergence on the problematic ‘native question’, and which rested on racial and cultural theories and presumptions, as well as on certain givens drawn from the British class system, has been taken for granted by historians. The validity of cultural representations as pronounced within official correspondence and colonial laws and regulations, as well as within the private papers of colonial officials, survives more or less intact. There are features of colonialism additional to economic and political power, which are glaring yet have escaped examination, which carried cultural weight and had cultural implications and which negatively transformed native society. This was inevitable. But what is less inevitable is the subsequent collusion of historians in this, a (neo-) colonial dynamic. The continued collusion of modern historians with racial and cultural notions concerning the rationale of European rule in Palestine has postcolonial implications. It drags these old notions into the present where their iniquitous barbarity continues to manifest. This study identifies the symbolism of British officials’ discourse and intertwines it with the symbolism and imagery of the natives’ own discourse (from oral interviews and private family papers). At all times, it remains allied to those writers, philosophers and chroniclers whose central preoccupation is to agitate and challenge authority. This, then, is a return to the old school, a revisiting of the optimistic, vibrant rhetoric of those radicals who continue to inspire post and anti-colonial thinking. In order to dismantle, and to undo and unwrite, A Discourse on Domination in Mandate Palestine holds a mirror up to the language of the Mandatory by counteracting it with its own integrally oppositional discourse and a provocative rhetoric.
A Discourse on Property: John Locke and his Adversaries
by James TullyJohn Locke's theory of property is perhaps the most distinctive and the most influential aspect of his political theory. In this book James Tully uses an hermeneutical and analytical approach to offer a revolutionary revision of early modern theories of property, focusing particularly on that of Locke.
A Dog Named Mattis: 12 Lessons for Living Courageously, Serving Selflessly, and Building Bridges from a Heroic K9 Officer
by Mark TappanTake a ride-along with Sergeant Mark Tappan and his amazing K9 partner Mattis, whose heroic actions will inspire you to live courageously, serve selflessly, and love passionately because every human (and dog) has a purpose.Sergeant Mark Tappan shares a unique bond with his K9 partner Mattis, one of the most decorated police K9s of all time. Mark knew from the first time they interacted that Mattis was something special. As a man of deep faith, Mark also knew that God's most profound teaching often comes through the most unexpected sources, and he soon realized that Mattis was going to teach him about loyalty, selfless service, and so much more.In A Dog Named Mattis, Mark shares twelve life lessons he's learned from working with Mattis. Through these first-hand accounts of bravery and service, you will learn profound lessons, like:being willing to 'go all in' and work with all your heart even when things are uncertain,how persistence pays off when you are willing to stick with what you know is right,how to be strong and courageous in the face of adversity,and much more. You will also get a behind-the-scenes look at the world of police K9s and gain a deeper understanding of:the many ways that K9 units assist police departments,what a K9 officer's daily life looks like,what kind of training police dogs and their handlers must go through,how a police dog is tested and selected,and the lengths a dog will go to in order to complete their mission. A Dog Named Mattis will capture the hearts of dog lovers everywhere and remind you that true success is built on relationships filled with trust, communication, and love.
A Dog's World: Imagining the Lives of Dogs in a World without Humans
by Marc Bekoff Jessica PierceFrom two of the world’s leading authorities on dogs, an imaginative journey into a future of dogs without peopleWhat would happen to dogs if humans simply disappeared? Would dogs be able to survive on their own without us? A Dog’s World imagines a posthuman future for dogs, revealing how dogs would survive—and possibly even thrive—and explaining how this new and revolutionary perspective can guide how we interact with dogs now.Drawing on biology, ecology, and the latest findings on the lives and behavior of dogs and their wild relatives, Jessica Pierce and Marc Bekoff—two of today’s most innovative thinkers about dogs—explore who dogs might become without direct human intervention into breeding, arranged playdates at the dog park, regular feedings, and veterinary care. Pierce and Bekoff show how dogs are quick learners who are highly adaptable and opportunistic, and they offer compelling evidence that dogs already do survive on their own—and could do so in a world without us.Challenging the notion that dogs would be helpless without their human counterparts, A Dog’s World enables us to understand these independent and remarkably intelligent animals on their own terms.
A Dream in the Dark (A Wrongful Conviction Novel #2)
by Robert JusticeWith striking prose and inspired by real wrongful conviction cases, this layered takedown of the criminal justice system follows one woman&’s quest for answers as the fate of an innocent man hangs in the balance, perfect for fans of S. A. Cosby.Denver, 1992. Claudette Cooper and Moses King have been failed by the justice system. Claudette was sexually assaulted and brutally attacked—blinded by the perpetrator, she&’s not able to identify him until she has a dream about the attack where she sees the face of Moses King. When Claudette testifies that she&’s identified her attacker from her dream, Moses is wrongfully convicted and sent to prison for the crime.Lawyer Liza Brown has seen firsthand the failings and shortcomings of the justice system—her father also suffered the injustice of a wrongful conviction. As she&’s working at a nonprofit to free those who have been wrongfully imprisoned, Moses reaches out to her. Liza sees the obvious cracks in the evidence against Moses, and when he confesses that he knew her father, she&’s determined to help. Recruiting her old friend Eli Stone to assist, Liza sets out to prove Moses&’s innocence. But Eli is dealing with demons of his own: corrupt cops are targeting Black residents of Denver, and when his nephew is beaten by the police, Eli doubles down on his efforts to expose them.Frustrated, Liza turns to Moses&’s accuser, Claudette, for help. But Claudette is hiding a dark secret, and as tensions in Denver rise, the city erupts in protests and riots. This rich, impactful novel paints a portrait not only of injustice and desperation—but of hope.
A Dual Approach to Ocean Governance: The Cases of Zonal and Integrated Management in International Law of the Sea (The Ashgate International Law Series)
by Yoshifumi TanakaTaking the North-East Atlantic Ocean as an example of regional practice, this book addresses the dual approach to ocean governance in international law. It examines the interaction between zonal and integrated management approaches and the conservation of marine living resources and marine biological diversity. The study examines the limitations of the traditional zonal approach and suggests new possibilities for conformity between sovereign states, international law and sustainable development.
A Faith Embracing All Creatures: Addressing Commonly Asked Questions About Christian Care For Animals
by Tripp York Andy Alexis-BakerWhat is the purpose of animals? Didn't God give humans dominion over other creatures? Didn't Jesus eat lamb? These are the kinds of questions that Christians who advocate compassion toward other animals regularly face. Yet Christians who have a faith-based commitment to care for other animals through what they eat, what they wear, and how they live with other creatures are often unsure how to address these biblically and theologically based challenges. In A Faith Embracing All Creatures, authors from various denominational, national, ethnic, and cultural backgrounds wrestle with the text, theology, and tradition to explain the roots of their desire to live peaceably with their nonhuman kin. Together, they show that there are no easy answers on "what the Bible says about animals." Instead, there are nuances and complexities, which even those asking these questions may be unaware of. Editors Andy Alexis-Baker and Tripp York have gathered a collection of essays that wrestle with these nuances and tensions in Scripture around nonhuman animals. In so doing, they expand the discussion of nonviolence, peacemaking, and reconciliation to include the oft-forgotten other members of God's good creation.
A Farewell to Fragmentation
by Mads Andenas Eirik BjorgeFragmentation has been much discussed as a threat to international law as a legal system. This book contends that the fragmentation of international law is far exceeded by its convergence, as international bodies find ways to account for each other and the interactions of emerging sub-fields. Reasserting its role as the 'principal judicial organ of the United Nations', the International Court of Justice has ensured that the centre of international law can and does hold. This process has strengthened a trend towards the reunification of international law. In order to explore this process, this book looks at fragmentation and convergence from the point of view of the centre of the International Court and of the position of other courts and tribunals. Featuring contributions by leading international lawyers from a range of backgrounds, this volume proposes both a new take and the last word on the fragmentation debate in international law.