'Objectively Speaking...' There is No Such Thing in the Law!

'Objectively Speaking...' There is No Such Thing in the Law!
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Total Pages :
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ISBN-10 : OCLC:1291127545
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Rating : 4/5 (45 Downloads)

Synopsis 'Objectively Speaking...' There is No Such Thing in the Law! by : David T. Ritchie

In this article I explore the nature of certainty in legal decision making. Unlike the sciences, which maintain a sense of certainty that is related to objectivity, I maintain that legal decision-making is altogether different. Drawing on the work of the American pragmatist John Dewey, I suggest that legal decision-making is situated and perspectival, not objective.

Objectively Speaking

Objectively Speaking
Author :
Publisher : Lexington Books
Total Pages : 282
Release :
ISBN-10 : 9780739131947
ISBN-13 : 073913194X
Rating : 4/5 (47 Downloads)

Synopsis Objectively Speaking by : Marlene Podritske

Readers and students of Ayn Rand will value seeing in this collection of interviews how Ayn Rand applied her philosophy and moral principles to the issues of the day. Objectively Speaking includes half a century of print and broadcast interviews drawn from the Ayn Rand Archives. The thirty-two interviews in this collection, edited by Marlene Podritske and Peter Schwartz, include print interviews from the 1930s and edited transcripts of radio and television interviews from the 1940s through 1981. Selections are included from a remarkable series of radio broadcasts over a four-year period (1962-1966) on Columbia University's station WKCR in New York City and syndicated throughout the United States and Canada. Ayn Rand's unusual and strikingly original insights on a vast range of topics are captured by prominent interviewers in the history of American television broadcasting, such as Johnny Carson, Edwin Newman, Mike Wallace, and Louis Rukeyser. The collection concludes with an interview of Dr. Leonard Peikoff on his radio program in 1999, recalling his 30-year personal and professional association with Ayn Rand and discussing her unique intellectual and literary achievements. Ayn Rand is the best-selling author of Atlas Shrugged, The Fountainhead, Anthem, and We the Living. Fifty years or more after publication, sales of these novels continue to increase.

A Critical History of Greek Philosophy

A Critical History of Greek Philosophy
Author :
Publisher :
Total Pages : 510
Release :
ISBN-10 : STANFORD:36105012318833
ISBN-13 :
Rating : 4/5 (33 Downloads)

Synopsis A Critical History of Greek Philosophy by : Walter Terence Stace

Judicial Review in an Objective Legal System

Judicial Review in an Objective Legal System
Author :
Publisher : Cambridge University Press
Total Pages : 303
Release :
ISBN-10 : 9781107114494
ISBN-13 : 1107114497
Rating : 4/5 (94 Downloads)

Synopsis Judicial Review in an Objective Legal System by : Tara Smith

This book grounds judicial review in its deepest foundations: the function, authority, and objectivity of a legal system as a whole.

There's No Such Thing As Free Speech

There's No Such Thing As Free Speech
Author :
Publisher : Oxford University Press
Total Pages : 345
Release :
ISBN-10 : 9780198024194
ISBN-13 : 0198024193
Rating : 4/5 (94 Downloads)

Synopsis There's No Such Thing As Free Speech by : Stanley Fish

In an era when much of what passes for debate is merely moral posturing--traditional family values versus the cultural elite, free speech versus censorship--or reflexive name-calling--the terms "liberal" and "politically correct," are used with as much dismissive scorn by the right as "reactionary" and "fascist" are by the left--Stanley Fish would seem an unlikely lightning rod for controversy. A renowned scholar of Milton, head of the English Department of Duke University, Fish has emerged as a brilliantly original critic of the culture at large, praised and pilloried as a vigorous debunker of the pieties of both the left and right. His mission is not to win the cultural wars that preoccupy the nation's attention, but rather to redefine the terms of battle. In There's No Such Thing as Free Speech, Fish takes aim at the ideological gridlock paralyzing academic and political exchange in the nineties. In his witty, accessible dissections of the swirling controversies over multiculturalism, affirmative action, canon revision, hate speech, and legal reform, he neatly eviscerates both the conservatives' claim to possession of timeless, transcendent values (the timeless transcendence of which they themselves have conveniently identified), and the intellectual left's icons of equality, tolerance, and non-discrimination. He argues that while conservative ideologues and liberal stalwarts might disagree vehemently on what is essential to a culture, or to a curriculum, both mistakenly believe that what is essential can be identified apart from the accidental circumstances (of time and history) to which the essential is ritually opposed. In the book's first section, which includes the five essays written for Fish's celebrated debates with Dinesh D'Souza (the author and former Reagan White House policy analyst), Fish turns his attention to the neoconservative backlash. In his introduction, Fish writes, "Terms that come to us wearing the label 'apolitical'--'common values', 'fairness', 'merit', 'color blind', 'free speech', 'reason'--are in fact the ideologically charged constructions of a decidedly political agenda. I make the point not in order to level an accusation, but to remove the sting of accusation from the world 'politics' and redefine it as a synonym for what everyone inevitably does." Fish maintains that the debate over political correctness is an artificial one, because it is simply not possible for any party or individual to occupy a position above or beyond politics. Regarding the controversy over the revision of the college curriculum, Fish argues that the point is not to try to insist that inclusion of ethnic and gender studies is not a political decision, but "to point out that any alternative curriculum--say a diet of exclusively Western or European texts--would be no less politically invested." In Part Two, Fish follows the implications of his arguments to a surprising rejection of the optimistic claims of the intellectual left that awareness of the historical roots of our beliefs and biases can allow us, as individuals or as a society, to escape or transcend them. Specifically, he turns to the movement for reform of legal studies, and insists that a dream of a legal culture in which no one's values are slighted or declared peripheral can no more be realized than the dream of a concept of fairness that answers to everyone's notions of equality and jsutice, or a yardstick of merit that is true to everyone's notions of worth and substance. Similarly, he argues that attempts to politicize the study of literature are ultimately misguided, because recharacterizations of literary works have absolutely no impact on the mainstream of political life. He concludes his critique of the academy with "The Unbearable Ugliness of Volvos," an extraordinary look at some of the more puzzing, if not out-and-out masochistic, characteristics of a life in academia. Penetrating, fearless, and brilliantly argued, There's No Such Thing as Free Speech captures the essential Fish. It is must reading for anyone who cares about the outcome of America's cultural wars.

A Critical History of Greek Philosophy

A Critical History of Greek Philosophy
Author :
Publisher : The Floating Press
Total Pages : 417
Release :
ISBN-10 : 9781775418566
ISBN-13 : 1775418561
Rating : 4/5 (66 Downloads)

Synopsis A Critical History of Greek Philosophy by : W. T. Stace

Virtually every aspect of the modern Western worldview has its roots in the remarkably diverse body of philosophy that emerged from a small patch of land in the Mediterranean thousands of years ago. This volume offers an overview of the highlights of ancient Greek philosophy, as well as an historical account of the lives of many of the scholars and thinkers who helped shaped it.

A Treatise of Legal Philosophy and General Jurisprudence

A Treatise of Legal Philosophy and General Jurisprudence
Author :
Publisher : Springer Science & Business Media
Total Pages : 2015
Release :
ISBN-10 : 9781402035050
ISBN-13 : 1402035055
Rating : 4/5 (50 Downloads)

Synopsis A Treatise of Legal Philosophy and General Jurisprudence by : Enrico Pattaro

This paperback edition of the first of the twelve volumes of A Treatises of Legal Philosophy and General Jurisprudence, serves as an introduction to the first-ever multivolume treatment of all important issues in legal philosophy and general jurisprudence, consisting of a five-volume theoretical part and a six-volume historical part. The theoretical part covers the main topics of contemporary debate. The historical volumes trace the development of legal thought from ancient Greek times through the twentieth century. All volumes are edited by the renowned theorist Enrico Pattaro.

Kant's Groundwork for the Metaphysics of Morals

Kant's Groundwork for the Metaphysics of Morals
Author :
Publisher : Oxford University Press
Total Pages : 390
Release :
ISBN-10 : 9780199691531
ISBN-13 : 0199691533
Rating : 4/5 (31 Downloads)

Synopsis Kant's Groundwork for the Metaphysics of Morals by : Henry E. Allison

Henry E. Allison presents a comprehensive commentary on Kant's Groundwork for the Metaphysics of Morals (1785). Allison pays special attention to the structure of the work and its historical and intellectual context. He argues that, despite its relative brevity, the Groundwork is the single most important work in modern moral philosophy.

The Net and the Nation State

The Net and the Nation State
Author :
Publisher : Cambridge University Press
Total Pages : 321
Release :
ISBN-10 : 9781108155960
ISBN-13 : 1108155960
Rating : 4/5 (60 Downloads)

Synopsis The Net and the Nation State by : Uta Kohl

This collection investigates the sharpening conflict between the nation state and the internet through a multidisciplinary lens. It challenges the idea of an inherently global internet by examining its increasing territorial fragmentation and, conversely, the notion that for states online law and order is business as usual. Cyberborders based on national law are not just erected around China's online community. Cultural, political and economic forces, as reflected in national or regional norms, have also incentivised virtual borders in the West. The nation state is asserting itself. Yet, there are also signs of the receding role of the state in favour of corporations wielding influence through de-facto control over content and technology. This volume contributes to the online governance debate by joining ideas from law, politics and human geography to explore internet jurisdiction and its overlap with topics such as freedom of expression, free trade, democracy, identity and cartographic maps.

The Law of Torts

The Law of Torts
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Publisher :
Total Pages : 574
Release :
ISBN-10 : STANFORD:36105044790348
ISBN-13 :
Rating : 4/5 (48 Downloads)

Synopsis The Law of Torts by : Sir John William Salmond