Misreading Law, Misreading Democracy

Author: Victoria Nourse

Publisher: Harvard University Press

ISBN: 0674971418

Category: Law

Page: 259

View: 3270

Victoria Nourse argues that lawyers must be educated on the basic procedures that define how Congress operates today. Lawmaking creates winners and losers. If lawyers and judges do not understand this, they may embrace the meanings of those who opposed legislation, turning legislative losers into judicial winners and standing democracy on its head.

Fiction and the Languages of Law

Understanding Contemporary Legal Discourse

Author: Karen Petroski

Publisher: Routledge

ISBN: 1351163825

Category: Language Arts & Disciplines

Page: 8

View: 5220

Contemporary legal reasoning has more in common with fictional discourse than we tend to realize. Through an examination of the U.S. Supreme Court’s written output during a recent landmark term, this book exposes many of the parallels between these two special kinds of language use. Focusing on linguistic and rhetorical patterns in the dozens of reasoned opinions issued by the Court between October 2014 and June 2015, the book takes nonlawyer readers on a lively tour of contemporary American legal reasoning and acquaints legal readers with some surprising features of their own thinking and writing habits. It analyzes cases addressing a huge variety of issues, ranging from the rights of drivers stopped by the police to the decision-making processes of the Environmental Protection Agency—as well as the term’s best-known case, which recognized a constitutional right to marriage for same-sex as well as different-sex couples. Fiction and the Languages of Law reframes a number of long-running legal debates, identifies other related paradoxes within legal discourse, and traces them all to common sources: judges’ and lawyers’ habit of alternating unselfconsciously between two different attitudes toward the language they use, and a set of professional biases that tends to prevent scrutiny of that habit.

Justice Scalia

Rhetoric and the Rule of Law

Author: Brian G. Slocum,Francis J. Mootz III

Publisher: University of Chicago Press

ISBN: 022660179X

Category: Law

Page: 288

View: 9768

Justice Antonin Scalia (1936–2016) was the single most important figure in the emergence of the “new originalist” interpretation of the US Constitution, which sought to anchor the court’s interpretation of the Constitution to the ordinary meaning of the words at the time of drafting. For Scalia, the meaning of constitutional provisions and statutes was rigidly fixed by their original meanings with little concern for extratextual considerations. While some lauded his uncompromising principles, others argued that such a rigid view of the Constitution both denies and attempts to limit the discretion of judges in ways that damage and distort our system of law. In this edited collection, leading scholars from law, political science, philosophy, rhetoric, and linguistics look at the ways Scalia framed and stated his arguments. Focusing on rhetorical strategies rather than the logic or validity of Scalia’s legal arguments, the contributors collectively reveal that Scalia enacted his rigidly conservative vision of the law through his rhetorical framing.

Misreading the Bill of Rights: Top Ten Myths Concerning Your Rights and Liberties

Top Ten Myths Concerning Your Rights and Liberties

Author: Kirby Goidel,Craig Freeman,Brian Smentkowski

Publisher: ABC-CLIO

ISBN: 144083234X

Category: Political Science

Page: 243

View: 5117

The Bill of Rights—the first 10 amendments to the U.S. Constitution—are widely misunderstood by many Americans. This book explores the widely held myths about the Bill of Rights, how these myths originated, why they have persisted, and the implications for contemporary politics and policy. • Carefully separates out widely held contemporary beliefs about the Bill of Rights and connects them to debates over meaning, enabling readers to see how the meaning of rights is historically and contextually determined • Explores the Bill of Rights in the context of myths that define the American political culture • Provides an even-handed but incisive analysis of individual myths, pointing out where both the left and the right often misinterpret the true meaning of the Bill of Rights • Places the debates regarding rights in contemporary politics and modern society by considering the complex challenge of protecting individual freedoms in the context of a digital age, international terrorism, and ongoing threats to national security

The prettier doll

rhetoric, discourse, and ordinary democracy

Author: Karen Tracy,James P. McDaniel,Bruce E. Gronbeck

Publisher: University Alabama Press

ISBN: 9780817315757

Category: Language Arts & Disciplines

Page: 304

View: 5945

Essays in the The Prettier Doll focus on the same local controversy: in 2001,a third-grade girl in Colorado submitted an experiment to the school science fair. She asked 30 adults and 30 fifth-graders which of two Barbie dolls was prettier. One doll was black, the other white, and each wore a different colored dress. All of the adults picked the Barbie in the purple dress, while nearly all of the fifth graders picked the white Barbie. When the student’s experiment was banned an uproar resulted that spread to the national media. School board meetings and other public exchanges highlighted the potent intersection of local and national social concerns: education, censorship, science, racism, and tensions in foundation values such as liberty, democracy, and free speech. For the authors of these essays, the exchanges that arose from “Barbiegate” illustrate vividly the role of rhetoric at the grassroots level, fundamental to civic judgment in a democratic state and at the core of “ordinary democracy.” Contributors: Mark A. Aakkhus Bruce E. Gronbeck Robert Hariman Kathleen Haspel Alexa Hepburn Darrin Hicks James P. McDaniel Jonathan Potter Herbert W. Simons Karen Tracy

Democracy and the Rule of Law in China

Author: Keping Yu

Publisher: BRILL

ISBN: 9004182128

Category: Political Science

Page: 299

View: 5123

Democracy and the Rule of Law in China is intended to make debates among prominent Chinese intellectuals and academics over issues of political, constitutional, and legal reform; modes of governance in urban and rural China; and culture and cultural policy available to English-language readers. The writers included in this book are individuals whose views have drawn some attention in the formulation of party and government policy, including the editor, Yu Keping, a prominent party intellectual and vice-director of the Central Compilation and Translation Bureau.

European Misunderstanding

Author: André Gauron

Publisher: Algora Publishing

ISBN: 1892941120

Category: Political Science

Page: 242

View: 5703

An advisor to Lionel Jospin, this author paints a picture of the messy march toward a unified Europe and calls for a more representative system, starting with a Constitution for al or Europe.

Democracy Reborn

The Fourteenth Amendment and the Fight for Equal Rights in Post-Civil War America

Author: Garrett Epps

Publisher: Henry Holt and Company

ISBN: 1466851252

Category: History

Page: 352

View: 8304

A riveting narrative of the adoption of the Fourteenth Amendment, an act which revolutionized the U.S. constitution and shaped the nation's destiny in the wake of the Civil War Though the end of the Civil War and Lincoln's Emancipation Proclamation inspired optimism for a new, happier reality for blacks, in truth the battle for equal rights was just beginning. Andrew Johnson, Lincoln's successor, argued that the federal government could not abolish slavery. In Johnson's America, there would be no black voting, no civil rights for blacks. When a handful of men and women rose to challenge Johnson, the stage was set for a bruising constitutional battle. Garrett Epps, a novelist and constitutional scholar, takes the reader inside the halls of the Thirty-ninth Congress to witness the dramatic story of the Fourteenth Amendment's creation. At the book's center are a cast of characters every bit as fascinating as the Founding Fathers. Thaddeus Stevens, Charles Sumner, Frederick Douglass, Susan B. Anthony, among others, understood that only with the votes of freed blacks could the American Republic be saved. Democracy Reborn offers an engrossing account of a definitive turning point in our nation's history and the significant legislation that reclaimed the democratic ideal of equal rights for all U.S. citizens.

Encyclopedia of Democratic Thought

Author: Paul Barry Clarke,Joe Foweraker

Publisher: Routledge

ISBN: 1136908633

Category: Political Science

Page: 768

View: 2687

Containing almost 200 entries from 'accountability' to the 'Westminster model' the Encyclopedia of Democratic Thought explores all the ideas that matter to democracy past, present and future. It is destined to become the first port-of-call for all students, teachers and researchers of political science interested in democratic ideas, democratic practice, and the quality of democratic governance. The Encyclopedia provides extensive coverage of all the key concepts of democratic thought written by a stellar team of distinguished international contributors. The Encyclopedia draws on every tradition of democratic thought, as well as developing new thinking, in order to provide full coverage of the key democratic concepts and engage with their practical implications for the conduct of democratic politics in the world today. In this way, it brings every kind of democratic thinking to bear on the challenges facing contemporary democracies and on the possibilities of the democratic future. The Encyclopedia is global in scope and responds in detail to the democratic revolution of recent decades. Referring both to the established democratic states of Western Europe, North America and Australasia, and to the recent democracies of Latin America, Eastern and Central Europe, Africa and Asia, classical democratic concerns are related to new democracies, and to important changes in the older democracies. Supplemented by full bibliographical information, extensive cross-referencing and suggestions for further reading, the Encyclopedia of Democratic Thought is a unique work of reference combining the expertise of many of the world's leading political scientists, political sociologists and political philosophers. It will be welcomed as an essential resource for both teaching and for independent study, and as a solid starting point both for further research and wider exploration.