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Against Post-Liberal Courts and Justice: Rescuing Ronald Dworkin’s Legacy (Palgrave Studies in Classical Liberalism)
by Lesley A. Jacobs Matthew McManusThis book covers how Liberal institutions – constitutional democracy, economic markets, liberal courts, free trade, international human rights – around the world are under assault by the political right and we are witnessing the emergence of post-liberal institutions. These post-liberal institutions are founded on the core conviction that the actions of liberal institutions including the United States Supreme Court are patently unjust. This volume makes the case against post-liberal courts and justice by reconnecting to the principles of moral equality and dignified freedom for all. The intention is to show how there is great untapped potential in the work of Ronald Dworkin’s work to demonstrate that it can help progressive liberals think through the great issues of the day and respond to the contemporary criticisms of the political right. The core themes are concretely illustrated by focusing on some of the most controversial recent post-liberal decisions of the Supreme Court, ranging from election funding to abortion to race-sensitive affirmative action, to economic inequality in an age of increasingly unequal opportunities.
Against Prediction: Profiling, Policing, and Punishing in an Actuarial Age
by Bernard E. HarcourtFrom random security checks at airports to the use of risk assessment in sentencing, actuarial methods are being used more than ever to determine whom law enforcement officials target and punish. And with the exception of racial profiling on our highways and streets, most people favor these methods because they believe they’re a more cost-effective way to fight crime. In Against Prediction, Bernard E. Harcourt challenges this growing reliance on actuarial methods. These prediction tools, he demonstrates, may in fact increase the overall amount of crime in society, depending on the relative responsiveness of the profiled populations to heightened security. They may also aggravate the difficulties that minorities already have obtaining work, education, and a better quality of life—thus perpetuating the pattern of criminal behavior. Ultimately, Harcourt shows how the perceived success of actuarial methods has begun to distort our very conception of just punishment and to obscure alternate visions of social order. In place of the actuarial, he proposes instead a turn to randomization in punishment and policing. The presumption, Harcourt concludes, should be against prediction.
Against Progress: Intellectual Property and Fundamental Values in the Internet Age
by Jessica SilbeyWhen first written into the Constitution, intellectual property aimed to facilitate "progress of science and the useful arts" by granting rights to authors and inventors. Today, when rapid technological evolution accompanies growing wealth inequality and political and social divisiveness, the constitutional goal of "progress" may pertain to more basic, human values, redirecting IP's emphasis to the commonweal instead of private interests. Against Progress considers contemporary debates about intellectual property law as concerning the relationship between the constitutional mandate of progress and fundamental values, such as equality, privacy, and distributive justice, that are increasingly challenged in today's internet age. Following a legal analysis of various intellectual property court cases, Jessica Silbey examines the experiences of everyday creators and innovators navigating ownership, sharing, and sustainability within the internet eco-system and current IP laws. Crucially, the book encourages refiguring the substance of "progress" and the function of intellectual property in terms that demonstrate the urgency of art and science to social justice today.
Against Purity: Living Ethically in Compromised Times
by Alexis ShotwellThe world is in a terrible mess. It is toxic, irradiated, and full of injustice. Aiming to stand aside from the mess can produce a seemingly satisfying self-righteousness in the scant moments we achieve it, but since it is ultimately impossible, individual purity will always disappoint. Might it be better to understand complexity and, indeed, our own complicity in much of what we think of as bad, as fundamental to our lives? Against Purity argues that the only answer--if we are to have any hope of tackling the past, present, and future of colonialism, disease, pollution, and climate change--is a resounding yes. Proposing a powerful new conception of social movements as custodians for the past and incubators for liberated futures, Against Purity undertakes an analysis that draws on theories of race, disability, gender, and animal ethics as a foundation for an innovative approach to the politics and ethics of responding to systemic problems. Being against purity means that there is no primordial state we can recover, no Eden we have desecrated, no pretoxic body we might uncover through enough chia seeds and kombucha. There is no preracial state we could access, no erasing histories of slavery, forced labor, colonialism, genocide, and their concomitant responsibilities and requirements. There is no food we can eat, clothes we can buy, or energy we can use without deepening our ties to complex webbings of suffering. So, what happens if we start from there? Alexis Shotwell shows the importance of critical memory practices to addressing the full implications of living on colonized land; how activism led to the official reclassification of AIDS; why we might worry about studying amphibians when we try to fight industrial contamination; and that we are all affected by nuclear reactor meltdowns. The slate has never been clean, she reminds us, and we can't wipe off the surface to start fresh--there's no fresh to start. But, Shotwell argues, hope found in a kind of distributed ethics, in collective activist work, and in speculative fiction writing for gender and disability liberation that opens new futures.
Against Relativism: Cultural Diversity and the Search for Ethical Universals in Medicine
by Ruth MacklinThis book analyzes the debate surrounding cultural diversity and its implications for ethics. If ethics are relative to particular cultures or societies, then it is not possible to hold that there are any fundamental human rights. The author examines the role of cultural tradition, often used as a defense against critical ethical judgments, and explores key issues in health and medicine in the context of cultural diversity: the physician-patient relationship, disclosing a diagnosis of a fatal illness, informed consent, brain death and organ transplantation, rituals surrounding birth and death, female genital mutilation, sex selection of offspring, fertility regulation, and biomedical research involving human subjects. Among the conclusions the author reaches are that ethical universals exist but must not be confused with ethical absolutes. The existence of ethical universals is compatible with a variety of culturally relative interpretations, and some rights related to medicine and health care should be considered human rights. Illustrative examples are drawn from the author's experiences serving on international ethical review committees and her travels to countries in Africa, Asia, and Latin America, where she conducted educational workshops and carried out her own research.
Against the Carceral Archive: The Art of Black Liberatory Practice
by Damien SojoynerAgainst the Carceral Archive is a meditation upon what author Damien M. Sojoyner calls the “carceral archival project,” offering a distillation of critical, theoretical, and activist work of prison abolitionists over the past three decades. Working from collections at the Southern California Library (Black Panthers, LA Chapter; the Coalition Against Police Abuse; Urban Policy Research Institute; Mothers Reclaiming Our Children; and the collection of geographer Clyde Woods), it builds upon theories of the archive to examine carcerality as the dominant mode of state governance over Black populations in the United States since the 1960s.Each chapter takes up an element of the carceral archive and its destabilization, destruction, and containment of Black life: its notion of the human and the production of “pejorative blackness,” the intimate connection between police and military in the protection of racial capitalism and its fossil fuel–based economy, the role of technology in counterintelligence, and counterinsurgency logics. Importantly, each chapter also emphasizes the carceral archive’s fundamental failure to destroy “Black communal logics” and radical Black forms of knowledge production, both of which contest the carceral archive and create other forms of life in its midst. Concluding with a statement on the reckoning with the radical traditions of thought and being which liberation requires, Sojoyner offers a compelling argument for how the centering of Blackness enables a structuring of the mind that refuses the violent exploitative tendencies of Western epistemological traditions as viable life-affirming practices.
Against the Death Penalty: Writings from the First Abolitionists—Giuseppe Pelli and Cesare Beccaria
by Cesare Beccaria Giuseppie PelliThe first known abolitionist critique of the death penalty—here for the first time in EnglishIn 1764, a Milanese aristocrat named Cesare Beccaria created a sensation when he published On Crimes and Punishments. At its centre is a rejection of the death penalty as excessive, unnecessary, and pointless. Beccaria is deservedly regarded as the founding father of modern criminal-law reform, yet he was not the first to argue for the abolition of the death penalty. Against the Death Penalty presents the first English translation of the Florentine aristocrat Giuseppe Pelli's critique of capital punishment, written three years before Beccaria's treatise, but lost for more than two centuries in the Pelli family archives.Peter Garnsey examines the contrasting arguments of the two abolitionists, who drew from different intellectual traditions. Pelli was a devout Catholic influenced by the writings of natural jurists such as Hugo Grotius, whereas Beccaria was inspired by the French Enlightenment philosophers. While Beccaria attacked the criminal justice system as a whole, Pelli focused on the death penalty, composing a critique of considerable depth and sophistication. Garnsey explores how Beccaria's alternative penalty of forced labour, and its conceptualisation as servitude, were embraced in Britain and America, and delves into Pelli's voluminous diaries, shedding light on Pelli's intellectual development and painting a vivid portrait of an Enlightenment man of letters and of conscience.With translations of letters exchanged by the two abolitionists and selections from Beccaria's writings, Against the Death Penalty provides new insights into eighteenth-century debates about capital punishment and offers vital historical perspectives on one of the most pressing questions of our own time.
Against the Death Penalty: International Initiatives and Implications (Law, Justice and Power)
by Jon YorkeThis edited volume brings together leading scholars on the death penalty within international, regional and municipal law. It considers the intrinsic elements of both the promotion and demise of the punishment around the world, and provides analysis which contributes to the evolving abolitionist discourse. The contributors consider the current developments within the United Nations, the Council of Europe, the African Commission and the Commonwealth Caribbean, and engage with the emergence of regional norms promoting collective restriction and renunciation of the punishment. They investigate perspectives and questions for retentionist countries, focusing on the United States, China, Korea and Taiwan, and reveal the iniquities of contemporary capital judicial systems. Emphasis is placed on the issues of transparency of municipal jurisdictions, the jurisprudence on the 'death row phenomenon' and the changing nature of public opinion. The volume surveys and critiques the arguments used to scrutinize the death penalty to then offer a detailed analysis of possible replacement sanctions.
Against the Evidence: The Becker-Rosenthal Affair
by Andy LoganCharlie Becker was a crooked, ruthless cop. But did he really order the execution of a gambling boss who had gone to the press about police corruption? This book makes a pretty convincing case for his having been "framed" by the political powers that be.
Against the Hypothesis of the End of Privacy: An Agent-Based Modelling Approach to Social Media (SpringerBriefs in Digital Spaces)
by Paola Tubaro Antonio A Casilli Yasaman SarabiSeveral prominent public voices have advanced the hypothesis that networked communications erode the value of privacy in favor of a transparent connected existence. Especially younger generations are often described as prone to live "open digital lives". This hypothesis has raised considerable controversy, polarizing the reaction of its critics as well as of its partisans. But how likely is the "end of privacy"? Under which conditions might this scenario come to be? What are the business and policy implications? How to ethically assess risks and opportunities? To shed light on the co-evolution and mutual dependencies of networked structures and individual and collective strategies towards privacy, this book innovatively uses cutting-edge methods in computational social sciences to study the formation and maintenance of online social networks. The findings confound common arguments and clearly indicate that Internet and social media do not necessarily entail the end of privacy. Publicity is not "the new norm": quite to the contrary, the book makes the case that privacy is a resilient social force, resulting from a set of interconnected behaviors of Internet users.
Against the Law: A Courtroom Drama
by Jay BrandonIntroducing lawyer-turned-ex-con Edward Hall—from the &“the finest writer of legal thrillers in the country&” (Jeremiah Healy, bestselling author of the John Cuddy mysteries). Fresh out of prison, former lawyer Edward Hall thinks his days in the courtroom are behind him. Until his sister, Dr Amy Hall, is arrested for murder . . . She&’s been accused of shooting the ex-husband she supposedly reconciled with and is convinced that her ex-convict brother is the only one able to save her. To make matters worse, the media won&’t ignore Amy&’s high-profile case; an example needs to be made of a doctor murdering another doctor. So Edward promises to do everything he can to protect his sister, because she is innocent, isn&’t she? Edward finds himself back in the courtroom facing Cynthia, the judge responsible for his arrest and imprisonment all those years ago. With personal grudges heavy in the air, can Edward spare his sister from a brutal sentencing that could cost her her life? &“Brandon, a Texas criminal lawyer, knows how to ratchet up tension in the courtroom.&”—Publishers Weekly &“A fine, tense legal thriller with an offbeat plot.&”—Booklist Praise for Jay Brandon &“Jay Brandon knows how to put together a tight, believable courtroom melodrama.&”—Entertainment Weekly &“Brandon is among the best in the legal-thriller business at catching the real atmosphere of a trial.&”—Publishers Weekly
Against the Law
by Paul F. Campos Pierre Schlag Steven D. SmithA fundamental critique of American law and legal thought, Against the Law consists of a series of essays written from three different perspectives that coalesce into a deep criticism of contemporary legal culture. Paul F. Campos, Pierre Schlag, and Steven D. Smith challenge the conventional representations of the legal system that are articulated and defended by American legal scholars. Unorthodox, irreverent, and provocative, Against the Law demonstrates that for many in the legal community, law has become a kind of substitute religion--an essentially idolatrous practice composed of systematic self-misrepresentation and self-deception.Linked by a persistent inquiry into the nature and identity of "the law," these essays are informed by the conviction that the conventional representations of law, both in law schools and the courts, cannot be taken at face value--that the law, as commonly conceived, makes no sense. The authors argue that the relentlessly normative prescriptions of American legal thinkers are frequently futile and, indeed, often pernicious. They also argue that the failure to recognize the role that authorship must play in the production of legal thought plagues both the teaching and the practice of American law. Ranging from the institutional to the psychological and metaphysical deficiencies of the American legal system, the depth of criticism offered by Against the Law is unprecedented.In a departure from the nearly universal legitimating and reformist tendencies of American legal thought, this book will be of interest not only to the legal academics under attack in the book, but also to sociologists, historians, and social theorists. More particularly, it will engage all the American lawyers who suspect that there is something very wrong with the nature and direction of their profession, law students who anticipate becoming part of that profession, and those readers concerned with the status of the American legal system.
Against the Wind
by J. F. Freedman&“A rip-snorting, full-throttle novel . . . It kept me up late into the night.&” —Stephen King Forced out of his firm, a hard-living attorney takes on one final, highly charged case—defending a notorious gang of bikers against murder charges A few years ago, Will Alexander was the top criminal lawyer in Santa Fe, with a thriving practice, a famously flamboyant courtroom style, and a marriage that landed him on the front page of the society section. Now, though, his wife has left him, and his constant boozing and womanizing have put his career in jeopardy. When Will&’s partners ask him—forcefully—to take a leave of absence from the firm, his life in law seems finished. He has only one client: a gang of men who call themselves the Scorpions. Four rogue bikers are accused of committing a gruesome murder, and Will is the only one they want for their defense. Although all the evidence points toward their guilt, Will believes them, and it&’s time for these outlaws to stick together.
Against‐Medical‐Advice Discharges from the Hospital: Optimizing Prevention And Management To Promote High Quality, Patient-Centered Care
by David AlfandreFirst-of-its-kind text addressing the problem of against medical advice discharges in hospital-based healthcare.<P><P> Provides a comprehensive, multidisciplinary overview of a significant health care quality problem.<P> Addresses the legal, ethical, and institutional aspects of the problem as well as provides a framework for best practices for varied clinical disciplines including emergency medicine, pediatrics, psychiatry, hospital medicine, and nursing.<P>This first-of-its-kind text provides a multidisciplinary overview of a significant problem in hospital-based healthcare: patients who decline inpatient medical care and leave the hospital against medical advice (AMA). Compared to standard hospital discharges, AMA discharges are associated with worse health and health services outcomes. Patients discharged AMA have been found to have disproportionately higher rates of substance use, psychiatric illness, and report stigmatization and reduced access to care. By providing a far reaching examination of AMA discharges for a wide academic and clinical audience, the book serves as a reference for clinical care, research, and the development of professional guidelines and institutional policy. The book provides both a broad overview of AMA discharges with chapters on the epidemiology, ethical and legal aspects, as well as social science perspectives. For clinicians in the disciplines of hospital medicine, pediatrics, emergency medicine, nursing, and psychiatry, the book also provides a patient-centered analysis of the problem, case-based discussions, and a discussion of best practices. This comprehensive review of AMA discharges and health care quality will interest physicians and other health care professionals, social workers, hospital administrators, quality and risk managers, clinician-educators, and health services researchers.
Agamben and Law: Power, Law And The Uses Of Criticism (Philosophers And Law Ser.)
by Thanos ZartaloudisThis collection of articles brings together a selection of previously published work on Agamben‘s thought in relation to law and gathered from within the legal field and theory in particular. The volume offers an exemplary range of varied readings, reflections and approaches which are of interest to readers, students and researchers of Agamben‘s law-related work.
Agape: An Ethical Analysis
by Gene OutkaA professor of religion considers the various ethical problems raised by the idea of unconditional love.
Age-Appropriate Digital Channels (SpringerBriefs in Applied Sciences and Technology)
by Alireza Darvishy Hans-Peter Hutter Alexander SeifertAs a client or a developer, what do you need to consider when developing an age-appropriate website or mobile application? This book explains how age-related limitations affect the use of websites and mobile applications. If gerontological aspects are not taken into account in the design of digital channels, older people tend to do without them. Therefore, websites and mobile applications need to take into account the needs of older people. In the book, you will find useful recommendations on how to do this so that your websites and mobile apps are easy to use for everyone.
Age Discrimination: Ageism in Employment and Service Provision (Employment Law Practice Ser.)
by Malcolm SargeantAge Discrimination looks at how both young and old can be penalised by prejudice against their age group. Following recent changes in the law, the issue of age discrimination has come to the fore. The new legislation will extend legal oversight of age-related discrimination to the provision of facilities, goods and services, as well as employment. Professor Sargeant provides a thorough review of the consequences of these changes and their implications for businesses and service providers, public or private. This comprehensive new book, like its predecessor Age Discrimination in Employment, is essential to practitioners responsible for HR issues, finance, operations, service delivery, quality and customer relations, and for those with a policy focus or academic interest in diversity issues.
Age Discrimination and Diversity: Multiple Discrimination from an Age Perspective
by Malcolm SargeantThis volume of essays is concerned with the discrimination against older people that results from a failure to recognise their diversity. By considering the unique combinations of discrimination that arise from the interrelationship of age and gender, pensions, ethnicity, sexual orientation, socio-economic class and disability, the contributors demonstrate that the discrimination suffered is multiple in nature. It is the combination of these characteristics that leads to the need for more complex ways of tackling age discrimination.
Age Discrimination in Employment (Employment Law Practice Ser.)
by Malcolm SargeantIncreased life expectancy and an ageing workforce have highlighted the problem of age discrimination in developed countries. Malcolm Sargeant's Age Discrimination in Employment is an encyclopedic guide for HR specialists and employment lawyers to the nature of age discrimination in the workplace in a number of countries, along with a discussion of the main thrust of employment law in this area, including an analysis of the Employment Equality (Age) Regulations 2006. The book opens with a consideration of what age discrimination is and how it manifests itself at the workplace and elsewhere. It also breaks discrimination down by age (discrimination against young, middle, and senior age employees) and explores multiple discrimination, including age and gender, ethnicity, sexual orientation, and disability. An important reference for HR departments, policy-makers and others concerned with organizational culture and development, discrimination, and social policy.
Age Discrimination Litigation
by Cathy Ventrell-Monsees Steven PlattAge discrimination claims can yield big returns. Settlements and jury awards are much higher than those for race, sex, and disability claims. But the lack of direct evidence can make it difficult to survive summary judgment and win fair compensation. Thankfully, respected litigators L. Steven Platt and Cathy Ventrell-Monsees know what it takes to win age cases. They have tried over 100 age cases and submitted more than 50 amicus briefs to the U.S. Supreme Court and circuit courts. Within Age Discrimination Litigation, they reveal proven strategies, procedures, law, and forms to help you: * Select winning cases * Manage the charge-filing process * Represent multiple plaintiffs * Beat statutes of limitation * Draft effective motions * Focus your discovery * Resist attempts to limit evidence * Draft jury instructions * Overcome defenses * Protect attorney's fees Age discrimination claims can yield big returns. Settlements and jury awards are much higher than those for race, sex, and disability claims. But the lack of direct evidence can make it difficult to survive summary judgment and win fair compensation. Thankfully, respected litigators L. Steven Platt and Cathy Ventrell-Monsees know what it takes to win age cases. They have tried over 100 age cases and submitted more than 50 amicus briefs to the U.S. Supreme Court and circuit courts. Within Age Discrimination Litigation, they reveal proven strategies, procedures, law, and forms to help you: * Select winning cases * Manage the charge-filing process * Represent multiple plaintiffs * Beat statutes of limitation * Draft effective motions * Focus your discovery * Resist attempts to limit evidence * Draft jury instructions * Overcome defenses * Protect attorney's fees
The Age of Belief: The Medieval Philosophers
by Anne Jackson FreemantleDuring the thousand-year span of the Middle Ages, philosophers discussed the eternal questions of mankind within the most unified society known to Western culture, linked by a single religious faith which encompassed all European life. Inside this framework, scholars drew upon Greek thought and Christian revelation, exploring the nature of being, the problem of fate versus free will, and various views of ultimate reality. This perceptive book by a noted author and critic traces the great arguments of Medieval philosophy through the writings of major thinkers like St. Augustine, St. Thomas Aquinas, Boethius and Abelard.
The Age of Commodity: Water Privatization in Southern Africa
by David McDonald Greg RuitersAs globalization and market liberalization march forward unabated the global commons continue to be commodified and privatized at a rapid pace. In this global process, the ownership, sale and supply of water is increasingly a flashpoint for debates and conflict over privatization, and nowhere is the debate more advanced or acute than in Southern Africa. The Age of Commodity provides an overview of the debates over water in the region including a conceptual overview of water 'privatization', how it relates to human rights, macro-economic policy and GATS. The book then presents case studies of important water privatization initiatives in the region, drawing out crucial themes common to water privatization debates around the world including corruption, gender equity and donor conditionalities. This book is powerful and necessary reading in our new age of commodity.
Age of Consent: A Novel
by Marti LeimbachFrom the author of Daniel Isn't Talking and Dying Young comes a shattering new novel, a page-turner about a sexual relationship between a grown man and a newly teenaged girl. June was a young widow with ahopeless crush on Craig Kirtz, a disc jockey at a local rock station. To her surprise, the two struck up a friendship that seemed headed for something more. But it was June's thirteen-year-old daughter, Bobbie, whom Craig had wanted all along. Bobbie thought her secret life--the sex, the drugs, the illicit relationship itself--could remain safely buried in the past. But thirty years later, when Bobbie discovers Craig's attentions to her had been repeated with any number of girls, she returns home with one purpose in mind: to bring Craig to trial. Her decision is greeted with mixed feelings. Some people think that bringing charges against someone for a crime committed so many years ago is unjustified. She's called a "middle-aged woman with a vendetta." She's accused of waging war against her own family. But the past has a way of revealing itself, and some relationships lie dormant through the years, ready to stir to life at the slightest provocation. June remembers things differently from the way Bobbie does. Craig insists he has done nothing wrong. As their traumatic history is relived in the courtroom, Bobbie and June must come to terms with the choices they made and face the truth they have long refused to acknowledge. Told with warmth and compassion, this is a moving, deeply absorbing story of a family in crisis.From the Hardcover edition.
The Age Of Expert Testimony: Science In The Courtroom
by Science Technology Law PanelThe federal courts are seeking ways to increase the ability of judges to deal with difficult issues of scientific expert testimony. The workshop explored the new environment judges, plaintiffs, defendants, and experts face in light of "Daubert" and "Kumho," when presenting and evaluating scientific, engineering, and medical evidence.