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One Tiny Bubble: The Story of Our Last Universal Common Ancestor
Par Karen Krossing. 2022
L'univers Maranda: même le diable a droit à un avocat
Par Christian Tétreault. 2023
Un criminaliste flamboyant, les pires bandits de l'histoire judiciaire du Québec: Bienvenue dans l'univers Maranda. Avocat de génie qui tétanisait…
la partie adverse et imposait le respect aux juges les plus coriaces, ardent défenseur des droits et libertés fasciné par le parcours des hors-la-loi qu'il représentait, homme respectable que l'amour a traîné sur le banc des accusés: Léo-René Maranda (1932-2012) était la complexité faite homme. Découvrir l'univers Maranda, c'est plonger dans une époque révolue où les figures mythiques de Brian Erb, Richard Foley, Monica-la-mitraille, Gérard Fontaine, Donald Côté et Alain Charron couraient encore les rues, protégées par la verve de leur éblouissant défenseurMore than any other advanced industrial democracy, the United States is besieged by firearms violence. Each year, some 30,000 people…
die by gunfire. Over the course of its history, the nation has witnessed the murders of beloved public figures; massacres in workplaces and schools; and epidemics of gun violence that terrorize neighborhoods and claim tens of thousands of lives. Commanding majorities of Americans voice support for stricter controls on firearms. Yet they have never mounted a true national movement for gun control. Why? Disarmed unravels this paradox. Based on historical archives, interviews, and original survey evidence, Kristin Goss suggests that the gun control campaign has been stymied by a combination of factors, including the inability to secure patronage resources, the difficulties in articulating a message that would resonate with supporters, and strategic decisions made in the name of effective policy. The power of the so-called gun lobby has played an important role in hobbling the gun-control campaign, but that is not the entire story. Instead of pursuing a strategy of incremental change on the local and state levels, gun control advocates have sought national policies. Some 40% of state gun control laws predate the 1970s, and the gun lobby has systematically weakened even these longstanding restrictions. A compelling and engagingly written look at one of America's most divisive political issues, Disarmed illuminates the organizational, historical, and policy-related factors that constrain mass mobilization, and brings into sharp relief the agonizing dilemmas faced by advocates of gun control and other issues in the United States.Why Tolerate Religion?: Updated Edition
Par Brian Leiter. 2014
Why it's wrong to single out religious liberty for special legal protectionsThis provocative book addresses one of the most enduring…
puzzles in political philosophy and constitutional theory—why is religion singled out for preferential treatment in both law and public discourse? Why are religious obligations that conflict with the law accorded special toleration while other obligations of conscience are not? In Why Tolerate Religion?, Brian Leiter shows why our reasons for tolerating religion are not specific to religion but apply to all claims of conscience, and why a government committed to liberty of conscience is not required by the principle of toleration to grant exemptions to laws that promote the general welfare.Pillars of Prosperity: The Political Economics of Development Clusters (The Yrjö Jahnsson Lectures)
Par Timothy Besley, Torsten Persson. 2011
How nations can promote peace, prosperity, and stability through cohesive political institutions"Little else is required to carry a state to…
the highest degree of opulence from the lowest barbarism, but peace, easy taxes, and a tolerable administration of justice; all the rest being brought about by the natural course of things." So wrote Adam Smith a quarter of a millennium ago. Using the tools of modern political economics and combining economic theory with a bird's-eye view of the data, this book reinterprets Smith's pillars of prosperity to explain the existence of development clusters—places that tend to combine effective state institutions, the absence of political violence, and high per-capita incomes.To achieve peace, the authors stress the avoidance of repressive government and civil conflict. Easy taxes, they argue, refers not to low taxes, but a tax system with widespread compliance that collects taxes at a reasonable cost from a broad base, like income. And a tolerable administration of justice is about legal infrastructure that can support the enforcement of contracts and property rights in line with the rule of law. The authors show that countries tend to enjoy all three pillars of prosperity when they have evolved cohesive political institutions that promote common interests, guaranteeing the provision of public goods. In line with much historical research, international conflict has also been an important force behind effective states by fostering common interests. The absence of common interests and/or cohesive political institutions can explain the existence of very different development clusters in fragile states that are plagued by poverty, violence, and weak state capacity.A Constitution of Many Minds: Why the Founding Document Doesn't Mean What It Meant Before
Par Cass R. Sunstein. 2009
The future of the U.S. Supreme Court hangs in the balance like never before. Will conservatives or liberals succeed in…
remaking the court in their own image? In A Constitution of Many Minds, acclaimed law scholar Cass Sunstein proposes a bold new way of interpreting the Constitution, one that respects the Constitution's text and history but also refuses to view the document as frozen in time. Exploring hot-button issues ranging from presidential power to same-sex relations to gun rights, Sunstein shows how the meaning of the Constitution is reestablished in every generation as new social commitments and ideas compel us to reassess our fundamental beliefs. He focuses on three approaches to the Constitution--traditionalism, which grounds the document's meaning in long-standing social practices, not necessarily in the views of the founding generation; populism, which insists that judges should respect contemporary public opinion; and cosmopolitanism, which looks at how foreign courts address constitutional questions, and which suggests that the meaning of the Constitution turns on what other nations do. Sunstein demonstrates that in all three contexts a "many minds" argument is at work--put simply, better decisions result when many points of view are considered. He makes sense of the intense debates surrounding these approaches, revealing their strengths and weaknesses, and sketches the contexts in which each provides a legitimate basis for interpreting the Constitution today. This book illuminates the underpinnings of constitutionalism itself, and shows that ours is indeed a Constitution, not of any particular generation, but of many minds.Restoring the Lost Constitution: The Presumption of Liberty - Updated Edition
Par Randy E. Barnett. 2014
The U.S. Constitution found in school textbooks and under glass in Washington is not the one enforced today by the…
Supreme Court. In Restoring the Lost Constitution, Randy Barnett argues that since the nation's founding, but especially since the 1930s, the courts have been cutting holes in the original Constitution and its amendments to eliminate the parts that protect liberty from the power of government. From the Commerce Clause, to the Necessary and Proper Clause, to the Ninth and Tenth Amendments, to the Privileges or Immunities Clause of the Fourteenth Amendment, the Supreme Court has rendered each of these provisions toothless. In the process, the written Constitution has been lost. Barnett establishes the original meaning of these lost clauses and offers a practical way to restore them to their central role in constraining government: adopting a "presumption of liberty" to give the benefit of the doubt to citizens when laws restrict their rightful exercises of liberty. He also provides a new, realistic and philosophically rigorous theory of constitutional legitimacy that justifies both interpreting the Constitution according to its original meaning and, where that meaning is vague or open-ended, construing it so as to better protect the rights retained by the people. As clearly argued as it is insightful and provocative, Restoring the Lost Constitution forcefully disputes the conventional wisdom, posing a powerful challenge to which others must now respond. This updated edition features an afterword with further reflections on individual popular sovereignty, originalist interpretation, judicial engagement, and the gravitational force that original meaning has exerted on the Supreme Court in several recent cases.A sweeping intellectual history of the role of wealth in the church in the last days of the Roman EmpireJesus…
taught his followers that it is easier for a camel to go through the eye of a needle than for a rich man to enter heaven. Yet by the fall of Rome, the church was becoming rich beyond measure. Through the Eye of a Needle is a sweeping intellectual and social history of the vexing problem of wealth in Christianity in the waning days of the Roman Empire, written by the world's foremost scholar of late antiquity.Peter Brown examines the rise of the church through the lens of money and the challenges it posed to an institution that espoused the virtue of poverty and called avarice the root of all evil. Drawing on the writings of major Christian thinkers such as Augustine, Ambrose, and Jerome, Brown examines the controversies and changing attitudes toward money caused by the influx of new wealth into church coffers, and describes the spectacular acts of divestment by rich donors and their growing influence in an empire beset with crisis. He shows how the use of wealth for the care of the poor competed with older forms of philanthropy deeply rooted in the Roman world, and sheds light on the ordinary people who gave away their money in hopes of treasure in heaven.Through the Eye of a Needle challenges the widely held notion that Christianity's growing wealth sapped Rome of its ability to resist the barbarian invasions, and offers a fresh perspective on the social history of the church in late antiquity.Breaking the Cycles of Hatred: Memory, Law, and Repair
Par Martha Minow. 2003
Violence so often begets violence. Victims respond with revenge only to inspire seemingly endless cycles of retaliation. Conflicts between nations,…
between ethnic groups, between strangers, and between family members differ in so many ways and yet often share this dynamic. In this powerful and timely book Martha Minow and others ask: What explains these cycles and what can break them? What lessons can we draw from one form of violence that might be relevant to other forms? Can legal responses to violence provide accountability but avoid escalating vengeance? If so, what kinds of legal institutions and practices can make a difference? What kinds risk failure? Breaking the Cycles of Hatred represents a unique blend of political and legal theory, one that focuses on the double-edged role of memory in fueling cycles of hatred and maintaining justice and personal integrity. Its centerpiece comprises three penetrating essays by Minow. She argues that innovative legal institutions and practices, such as truth commissions and civil damage actions against groups that sponsor hate, often work better than more conventional criminal proceedings and sanctions. Minow also calls for more sustained attention to the underlying dynamics of violence, the connections between intergroup and intrafamily violence, and the wide range of possible responses to violence beyond criminalization. A vibrant set of freestanding responses from experts in political theory, psychology, history, and law examines past and potential avenues for breaking cycles of violence and for deepening our capacity to avoid becoming what we hate. The topics include hate crimes and hate-crimes legislation, child sexual abuse and the statute of limitations, and the American kidnapping and internment of Japanese Latin Americans during World War II. Commissioned by Nancy Rosenblum, the essays are by Ross E. Cheit, Marc Galanter, Fredrick C. Harris, Judith Lewis Herman, Carey Jaros, Frederick M. Lawrence, Austin Sarat, Ayelet Shachar, Eric K. Yamamoto, and Iris Marion Young.Why Government Fails So Often: And How It Can Do Better
Par Peter H. Schuck. 2015
How government can implement more successful policies, more oftenFrom healthcare to workplace and campus conduct, the federal government is taking…
on ever more responsibility for managing our lives. At the same time, Americans have never been more disaffected with Washington, seeing it as an intrusive, incompetent, wasteful giant. Ineffective policies are caused by deep structural factors regardless of which party is in charge, bringing our government into ever-worsening disrepute. Understanding why government fails so often—and how it might become more effective—is a vital responsibility of citizenship.In this book, lawyer and political scientist Peter Schuck provides a wide range of examples and an enormous body of evidence to explain why so many domestic policies go awry—and how to right the foundering ship of state. An urgent call for reform, Why Government Fails So Often is essential reading for anyone curious about why government is in such a disgraceful state and how it can do better.School vouchers. The Pledge of Allegiance. The ban on government grants for theology students. The abundance of church and state…
issues brought before the Supreme Court in recent years underscores an incontrovertible truth in the American legal system: the relationship between the state and religion in this country is still fluid and changing. This, the second of two volumes by historian and legal scholar James Hitchcock, offers a complete analysis and interpretation of the Court's historical understanding of religion, explaining the revolutionary change that occurred in the 1940s. In Volume I: The Odyssey of the Religion Clauses (Princeton), Hitchcock provides the first comprehensive survey of the court cases involving the Religion Clauses, including a number that scholars have ignored. Here, Hitchcock examines how, in the early history of our country, a strict separation of church and state was sustained through the opinions of Jefferson and Madison, even though their views were those of the minority. Despite the Founding Fathers' ideas, the American polity evolved on the assumption that religion was necessary to a healthy society, and cooperation between religion and government was assumed. This view was seldom questioned until the 1940s, notes Hitchcock. Then, with the beginning of the New Deal and the appointment of justices who believed they had the freedom to apply the Constitution in new ways, the judicial climate changed. Hitchcock reveals the personal histories of these justices and describes how the nucleus of the Court after World War II was composed of men who were alienated from their own faiths and who looked at religious belief as irrational, divisive, and potentially dangerous, assumptions that became enshrined in the modern jurisprudence of the Religion Clauses. He goes on to offer a fascinating look at how the modern Court continues to grapple with the question of whether traditional religious liberty is to be upheld.Delphi: A History of the Center of the Ancient World
Par Michael Scott. 2014
A comprehensive narrative history of the ancient world's center, from its founding to its modern rediscoveryThe oracle and sanctuary of…
the Greek god Apollo at Delphi were known as the "omphalos"—the "center" or "navel"—of the ancient world for more than 1,000 years. Individuals, city leaders, and kings came from all over the Mediterranean and beyond to consult Delphi's oracular priestess; to set up monuments to the gods; and to take part in competitions.In this richly illustrated account, Michael Scott covers the history and nature of Delphi, from the literary and archaeological evidence surrounding the site, to its rise as a center of worship, to the constant appeal of the oracle despite her cryptic prophecies. He describes how Delphi became a contested sacred site for Greeks and Romans and a storehouse for the treasures of rival city-states and foreign kings. He also examines the eventual decline of the site and how its meaning and importance have continued to be reshaped.A unique window into the center of the ancient world, Delphi will appeal to general readers, tourists, students, and specialists.Caught: The Prison State and the Lockdown of American Politics
Par Marie Gottschalk. 2016
A major reappraisal of crime and punishment in AmericaThe huge prison buildup of the past four decades has few defenders,…
yet reforms to reduce the numbers of those incarcerated have been remarkably modest. Meanwhile, an ever-widening carceral state has sprouted in the shadows, extending its reach far beyond the prison gate. It sunders families and communities and reworks conceptions of democracy, rights, and citizenship—posing a formidable political and social challenge. In Caught, Marie Gottschalk examines why the carceral state remains so tenacious in the United States. She analyzes the shortcomings of the two dominant penal reform strategies—one focused on addressing racial disparities, the other on seeking bipartisan, race-neutral solutions centered on reentry, justice reinvestment, and reducing recidivism.With a new preface evaluating the effectiveness of recent proposals to reform mass incarceration, Caught offers a bracing appraisal of the politics of penal reform.A Written Republic: Cicero's Philosophical Politics
Par Yelena Baraz. 2012
In the 40s BCE, during his forced retirement from politics under Caesar's dictatorship, Cicero turned to philosophy, producing a massive…
and important body of work. As he was acutely aware, this was an unusual undertaking for a Roman statesman because Romans were often hostile to philosophy, perceiving it as foreign and incompatible with fulfilling one's duty as a citizen. How, then, are we to understand Cicero's decision to pursue philosophy in the context of the political, intellectual, and cultural life of the late Roman republic? In A Written Republic, Yelena Baraz takes up this question and makes the case that philosophy for Cicero was not a retreat from politics but a continuation of politics by other means, an alternative way of living a political life and serving the state under newly restricted conditions. Baraz examines the rhetorical battle that Cicero stages in his philosophical prefaces--a battle between the forces that would oppose or support his project. He presents his philosophy as intimately connected to the new political circumstances and his exclusion from politics. His goal--to benefit the state by providing new moral resources for the Roman elite--was traditional, even if his method of translating Greek philosophical knowledge into Latin and combining Greek sources with Roman heritage was unorthodox. A Written Republic provides a new perspective on Cicero's conception of his philosophical project while also adding to the broader picture of late-Roman political, intellectual, and cultural life.The Poetics of Eros in Ancient Greece
Par Claude Calame. 1999
The Poetics of Eros in Ancient Greece offers the first comprehensive inquiry into the deity of sexual love, a power…
that permeated daily Greek life. Avoiding Foucault's philosophical paradigm of dominance/submission, Claude Calame uses an anthropological and linguistic approach to re-create indigenous categories of erotic love. He maintains that Eros, the joyful companion of Aphrodite, was a divine figure around which poets constructed a physiology of desire that functioned in specific ways within a network of social relations. Calame begins by showing how poetry and iconography gave a rich variety of expression to the concept of Eros, then delivers a history of the deity's roles within social and political institutions, and concludes with a discussion of an Eros-centered metaphysics. Calame's treatment of archaic and classical Greek institutions reveals Eros at work in initiation rites and celebrations, educational practices, the Dionysiac theater of tragedy and comedy, and in real and imagined spatial settings. For men, Eros functioned particularly in the symposium and the gymnasium, places where men and boys interacted and where future citizens were educated. The household was the setting where girls, brides, and adult wives learned their erotic roles--as such it provides the context for understanding female rites of passage and the problematics of sexuality in conjugal relations. Through analyses of both Greek language and practices, Calame offers a fresh, subtle reading of relations between individuals as well as a quick-paced and fascinating overview of Eros in Greek society at large.In the 1930s, fewer than one in one hundred U.S. labor union members were African American. By 1980, the figure…
was more than one in five. Black and Blue explores the politics and history that led to this dramatic integration of organized labor. In the process, the book tells a broader story about how the Democratic Party unintentionally sowed the seeds of labor's decline. The labor and civil rights movements are the cornerstones of the Democratic Party, but for much of the twentieth century these movements worked independently of one another. Paul Frymer argues that as Democrats passed separate legislation to promote labor rights and racial equality they split the issues of class and race into two sets of institutions, neither of which had enough authority to integrate the labor movement. From this division, the courts became the leading enforcers of workplace civil rights, threatening unions with bankruptcy if they resisted integration. The courts' previously unappreciated power, however, was also a problem: in diversifying unions, judges and lawyers enfeebled them financially, thus democratizing through destruction. Sharply delineating the double-edged sword of state and legal power, Black and Blue chronicles an achievement that was as problematic as it was remarkable, and that demonstrates the deficiencies of race- and class-based understandings of labor, equality, and power in America.Death to Tyrants!: Ancient Greek Democracy and the Struggle against Tyranny
Par David Teegarden. 2014
Death to Tyrants! is the first comprehensive study of ancient Greek tyrant-killing legislation--laws that explicitly gave individuals incentives to "kill…
a tyrant." David Teegarden demonstrates that the ancient Greeks promulgated these laws to harness the dynamics of mass uprisings and preserve popular democratic rule in the face of anti-democratic threats. He presents detailed historical and sociopolitical analyses of each law and considers a variety of issues: What is the nature of an anti-democratic threat? How would various provisions of the laws help pro-democrats counter those threats? And did the laws work? Teegarden argues that tyrant-killing legislation facilitated pro-democracy mobilization both by encouraging brave individuals to strike the first blow against a nondemocratic regime and by convincing others that it was safe to follow the tyrant killer's lead. Such legislation thus deterred anti-democrats from staging a coup by ensuring that they would be overwhelmed by their numerically superior opponents. Drawing on modern social science models, Teegarden looks at how the institution of public law affects the behavior of individuals and groups, thereby exploring the foundation of democracy's persistence in the ancient Greek world. He also provides the first English translation of the tyrant-killing laws from Eretria and Ilion. By analyzing crucial ancient Greek tyrant-killing legislation, Death to Tyrants! explains how certain laws enabled citizens to draw on collective strength in order to defend and preserve their democracy in the face of motivated opposition.Dangerous Sex, Invisible Labor: Sex Work and the Law in India
Par Prabha Kotiswaran. 2011
Popular representations of third-world sex workers as sex slaves and vectors of HIV have spawned abolitionist legal reforms that are…
harmful and ineffective, and public health initiatives that provide only marginal protection of sex workers' rights. In this book, Prabha Kotiswaran asks how we might understand sex workers' demands that they be treated as workers. She contemplates questions of redistribution through law within the sex industry by examining the political economies and legal ethnographies of two archetypical urban sex markets in India. Kotiswaran conducted in-depth fieldwork among sex workers in Sonagachi, Kolkata's largest red-light area, and Tirupati, a temple town in southern India. Providing new insights into the lives of these women--many of whom are demanding the respect and legal protection that other workers get--Kotiswaran builds a persuasive theoretical case for recognizing these women's sexual labor. Moving beyond standard feminist discourse on prostitution, she draws on a critical genealogy of materialist feminism for its sophisticated vocabulary of female reproductive and sexual labor, and uses a legal realist approach to show why criminalization cannot succeed amid the informal social networks and economic structures of sex markets. Based on this, Kotiswaran assesses the law's redistributive potential by analyzing the possible economic consequences of partial decriminalization, complete decriminalization, and legalization. She concludes with a theory of sex work from a postcolonial materialist feminist perspective.Unlike many other countries, the United States has few constitutional guarantees of social welfare rights such as income, housing, or…
healthcare. In part this is because many Americans believe that the courts cannot possibly enforce such guarantees. However, recent innovations in constitutional design in other countries suggest that such rights can be judicially enforced--not by increasing the power of the courts but by decreasing it. In Weak Courts, Strong Rights, Mark Tushnet uses a comparative legal perspective to show how creating weaker forms of judicial review may actually allow for stronger social welfare rights under American constitutional law. Under "strong-form" judicial review, as in the United States, judicial interpretations of the constitution are binding on other branches of government. In contrast, "weak-form" review allows the legislature and executive to reject constitutional rulings by the judiciary--as long as they do so publicly. Tushnet describes how weak-form review works in Great Britain and Canada and discusses the extent to which legislatures can be expected to enforce constitutional norms on their own. With that background, he turns to social welfare rights, explaining the connection between the "state action" or "horizontal effect" doctrine and the enforcement of social welfare rights. Tushnet then draws together the analysis of weak-form review and that of social welfare rights, explaining how weak-form review could be used to enforce those rights. He demonstrates that there is a clear judicial path--not an insurmountable judicial hurdle--to better enforcement of constitutional social welfare rights.428 AD: An Ordinary Year at the End of the Roman Empire
Par Giusto Traina. 2009
This is a sweeping tour of the Mediterranean world from the Atlantic to Persia during the last half-century of the…
Roman Empire. By focusing on a single year not overshadowed by an epochal event, 428 AD provides a truly fresh look at a civilization in the midst of enormous change--as Christianity takes hold in rural areas across the empire, as western Roman provinces fall away from those in the Byzantine east, and as power shifts from Rome to Constantinople. Taking readers on a journey through the region, Giusto Traina describes the empires' people, places, and events in all their simultaneous richness and variety. The result is an original snapshot of a fraying Roman world on the edge of the medieval era. The result is an original snapshot of a fraying Roman world on the edge of the medieval era. Readers meet many important figures, including the Roman general Flavius Dionysius as he encounters a delegation from Persia after the Sassanids annex Armenia; the Christian ascetic Simeon Stylites as he stands and preaches atop his column near Antioch; the eastern Roman emperor Theodosius II as he prepares to commission his legal code; and Genseric as he is elected king of the Vandals and begins to turn his people into a formidable power. We are also introduced to Pulcheria, the powerful sister of Theodosius, and Galla Placidia, the queen mother of the western empire, as well as Augustine, Pope Celestine I, and nine-year-old Roman emperor Valentinian III. Full of telling details, 428 AD illustrates the uneven march of history. As the west unravels, the east remains intact. As Christianity spreads, pagan ideas and schools persist. And, despite the presence of the forces that will eventually tear the classical world apart, Rome remains at the center, exerting a powerful unifying force over disparate peoples stretched across the Mediterranean.