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Hans-Georg Gadamer‘s philosophical hermeneutics is especially relevant for law, which is grounded in the interpretation of authoritative texts from the past to resolve present-day disputes. In this collection, leading scholars consider the importance of Gadamer‘s philosophy for ongoing disputes in legal theory. The work of prominent philosophers, including Fred Dallmayr, P. Christopher Smith and David Hoy, is joined with the work of leading legal theorists, such as William Eskridge, Lawrence Solum and Dennis Patterson, to provide an overview of the connections between law and Gadamer‘s hermeneutical philosophy. Part I considers the relevance of Gadamer‘s philosophy to longstanding disputes in legal theory such as the debate over originalism, the rule of law and proper modes of statutory and constitutional exegesis. Part II demonstrates Gadamer‘s significance for legal theory by comparing his approach to the work of Nietzsche, Habermas and Dworkin.
This volume contains a selection of essays based on papers presented at a conference organized at Yale University and hosted by the Yale Initiative for the Interdisciplinary Study of Antisemitism (YIISA) and the International Association for the Study of Antisemitism (IASA), entitled “Global Antisemitism: A Crisis of Modernity.” The essays are written by scholars from a wide array of disciplines, intellectual backgrounds, and perspectives, and address the conference’s two inter-related areas of focus: global antisemitism and the crisis of modernity currently affecting the core elements of Western society and civilization. Rather than treating antisemitism merely as an historical phenomenon, the authors place it squarely in the contemporary context. As a result, this volume also provides important insights into the ideologies, processes, and developments that give rise to prejudice in the contemporary global context. This thought-provoking collection will be of interest to students and scholars of antisemitism and discrimination, as well as to scholars and readers from other fields.
Every concerned citizen will enjoy and be very encouraged by the good and accurate historical records of the United States of America. Lies have infiltrated so vastly and so deeply into the society that even the educational institutions have become deceived and warped, so that the students are then receiving passed-down versions that are, as said, lies. Some folk are deceived innocently, some willingly; some know it and want it. Many folk are so busy with all the cares of life that they passively accept it. A false peace has set in, and yet it is not peace as we are so alertly observing. Values of the heart need care, as to whether they are right values, and those values are then displayed by posts of the government. Every citizen needs to know what the true historical experience and record is, what governmental structure was established in the USA, what it is all about, and how it really is and operates. Because we are all interested in the spiritual activity of life, then we will be so inspired therein. This is a very different and correct account of the real USA Government, its history, and its establishment.
Police are required to obey the law. While that seems obvious, courts have lost track of that requirement due to misinterpreting the two constitutional provisions governing police conduct: the Fourth and Fourteenth Amendments. The Fourth Amendment forbids "unreasonable searches and seizures" and is the source of most constitutional constraints on policing. Although that provision technically applies only to the federal government, the Fourteenth Amendment, ratified in the wake of the Civil War, has been deemed to apply the Fourth Amendment to the States. This book contends that the courts’ misinterpretation of these provisions has led them to hold federal and state law enforcement mistaken...
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Provides a coherent way to think about the intersection of religious practice and taxes.
A landmark in legal publishing, The Oxford Companion to the Supreme Court is a now classic text many of whose entries are regularly cited by scholars as the definitive statement on any particular subject. In the tradition of that work, editor in chief Kermit L. Hall offers up The Oxford Companion to American Law, a one-volume, A-Z encyclopedia that covers topics ranging from aging and the law, wiretapping and electronic eavesdropping, the Salem Witch Trials and Plessy vs. Ferguson. The Companion takes as its starting point the insight that law is embedded in society, and that to understand American law one must necessarily ask questions about the relationship between it and the social order,...
This text presents cutting edge contemporary materials, as well as new chapters on Natural Law, Positivism, Gay Legal Rights and Critical Lawyering. The book offers comprehensive coverage of legal theory from traditional to current movements, including new materials on Legal Formalism, Legal Process, Latino Critical, and Queer Critical Theory. Also contains extensive readings and updated and amplified notes, questions, problems, and bibliographies.
American legal thought has progressed remarkably quickly from premodernism to modernism and into postmodernism in little over two hundred years, running from the nation's founding through today. This book tells the story of this mercurial journey jurisprudence by showing the development of legal thought through these three intellectual periods. Feldman's narrative revolves around two broad interrelated themes: jurisprudential foundations and the idea of progress. Comprehensive and accessible, the book draws on significant cases from Supreme Court history to provide a handy one-volume overview for law students, practitioners, and legal scholars.