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Adolescence, Discrimination, and the Law: Addressing Dramatic Shifts in Equality Jurisprudence
Par Roger J.R. Levesque. 2015
Explores the shifts and the research used to support civil rights claims of discrimination, particularly relating to minority youths’ rights…
to equal treatment In the wake of the civil rights movement, the legal system dramatically changed its response to discrimination based on race, gender, and other characteristics. It is now showing signs of yet another dramatic shift, as it moves from considering difference to focusing on neutrality. Rather than seeking to counter subjugation through special protections for groups that have been historically (and currently) disadvantaged, the Court now adopts a “colorblind” approach. Equality now means treating everyone the same way. This book explores these shifts and the research used to support civil rights claims, particularly relating to minority youths’ rights to equal treatment. It integrates developmental theory with work on legal equality and discrimination, showing both how the legal system can benefit from new research on development and how the legal system itself can work to address invidious discrimination given its significant influence on adolescents—especially those who are racial minorities—at a key stage in their developmental life. Adolescents, Discrimination, and the Law articulates the need to address discrimination by recognizing and enlisting the law’s inculcative powers in multiple sites subject to legal regulation, ranging from families, schools, health and justice systems to religious and community groups. The legal system may champion ideals of neutrality in the goals it sets itself for treating individuals, but it cannot remain neutral in the values it supports and imparts. This volume shows that despite the shift to a focus on neutrality, the Court can and should effectively foster values supporting equality, especially among youth.The Philosophy of Criminal Law: An Introduction
Par Christopher Cowley, Nicola Padfield. 2024
The Philosophy of Criminal Law: An Introduction explores the central concepts of criminal law, such as intention, complicity and duress, and…
how they work, both within criminal law practice and in our everyday lives, from legal and philosophical perspectives. At the heart of the book is the central philosophical concept of responsibility: what does it mean to be responsible for an act, to hold someone responsible for an act, or to give an excuse in order to avoid responsibility for an act? Offering talking points to enrich an ongoing conversation, this unique textbook addresses all of these questions in an accessible way for law and non-law students alike. Real cases are examined in detail and a critical approach to the criminal law is adopted throughout. The focus will be mainly on the criminal law of England and Wales, with occasional cases from other jurisdictions, and occasional examples from other areas of law. This text will be ideal reading for advanced undergraduate and graduate students of law, philosophy and criminology, as well as political science and sociology.Women Writing Socially in Academia: Dispatches from Writing Rooms (Palgrave Studies in Gender and Education)
Par Joana Pais Zozimo, Kate Sotejeff-Wilson, Wendy Baldwin. 2023
This book offers a multifaceted perspective on social writing in a volatile, uncertain and complex world. It meets the need…
to enable women’s capacity, especially in academic settings, to structure their own writing practice and that of others in the community. It expands current research on social writing beyond its core context in English-speaking countries to multilingual contexts from Portugal to Finland, identifying fruitful areas for interdisciplinary research, nexuses of social practice, and strategies for situated social learning through a feminist lens, bringing women from the margins to the centre. As the average woman academic with children is losing an hour of research and writing time every day in the aftermath of the Covid-19 pandemic, the impact of which will be felt for decades, the book purposefully entwines these polyphonic voices to tell the story of a writing retreat as a space for leadership and empowerment.The Logic of Hatred: From Witch Hunts to the Terror
Par Jacob Rogozinski. 2024
This book works to uncover the logic of hatred, to understand how this affect manifests itself historically in persecution and…
terror apparatuses. More than a historical genealogy of persecution, The Logic of Hatred shows what phenomenology can offer to historical understanding. Focusing on the witch-hunts waged in the fifteenth through seventeenth centuries, the first part of the book analyzes the techniques instigators used to designate and annihilate their targets: the search for diabolical stigma, the confession of “truth” extracted by torture, the constitution of an absolute Enemy through the suggestion of conspiracy, of a world turned upside-down, or the figure of Satan.Rogozinski locates one of the origins of the witch-hunt in the anguish that popular uprisings arouse in dominant classes. The second part of the book extends the investigation to related phenomena, such as the extermination of lepers in the Middle Ages and the Reign of Terror during the French Revolution. By studying these historical experiences and marking their differences and similarities, this book shows the passage from exclusion to persecution and how revolts of the oppressed can let themselves be transformed and captured by persecutory politics. The analyses presented thus shed light on conspiracy theory and the terror apparatuses of our time.The Shadows of Socrates: The Heresy, War, and Treachery Behind the Trial of Socrates
Par Matt Gatton. 2024
The death of Socrates may be the most famous unsolved murder in history. Set during the Peloponnesian War, this narrative…
solves that mystery, revealing for the first time how the philosopher was set up, who did it, and why.The influence of the ancient Greek philosopher Socrates has been profound. Even today, over two thousand years after his death, he remains one of the most renowned humans to have ever lived, occupying a stratum with the likes of Buddha, Jesus, Muhammed, Confucius, and Moses. It may not be too much to say that Socrates is the single most recognizable name in the history of all humanity. The death of Socrates is, in some ways, the most famous unsolved murder mystery in history. This book will solve the mystery, revealing for the first time how he was set up, who did it, and why. What follows is not a philosophical tract but something closer to a novel—made all the more compelling because it&’s true. This is a real-life whodunit intertwined with a long running war, rivalry, sex addiction, betrayal, sedition, starvation, and epic bravery. Socrates was the most rational of men living in the most irrational of times. There is another side to this story: impiety, lack of reverence for the gods, was a religious crime. From the perspective of the religious authorities of the time, the charge of impiety against Socrates was warranted, his trial just, and the penalty appropriate. The priests did not tolerate scrutiny, even in the form of philosophical critique. To understand what happened and how it happened, we have to come to terms with the motives of the priests, and as importantly, Socrates&’ motives in provoking them. His trial is perhaps first, but not last, great battle between philosophy and religion. The repercussions of this ancient epic apply equally to the West today, as Athens also endured pendulum swings between democracy and oligarchy—always with bloodshed, and never with Socrates&’s approval.In 2018, the members of the African Union adopted the African Continental Free Trade Area Agreement (AfCFTA). This book examines…
the AfCFTA, dissecting its key provisions. It stresses the importance of the AfCFTA in the context of increasing episodes of trade protection in Africa, and it theorizes on the role of the treaty organs. The book also examines the importance of citizen participation for the success of the AfCFTA, as well as exploring the role sub-state actors can play. Ultimately, the study adds to the understanding of the array of problems that are associated with regional trade in Africa and the role law plays in resolving these problems. It will be of importance to academics and students of international law, especially those with an interest in African trade law, as well as legal professionals and policymakers.The Event of Meaning in Gadamer’s Hermeneutics (Routledge Studies in Twentieth-Century Philosophy)
Par Carlo DaVia, Greg Lynch. 2024
This book presents the first detailed treatment of Gadamer’s account of the nature of meaning. It argues both that this…
account is philosophically valuable in its own right and that understanding it sheds new light on his wider hermeneutical project.Whereas philosophers have typically thought of meanings as belonging to a special class of objects, the central claim of Gadamer’s view is that meanings are events. Instead of a pre-existing content that we must unearth through our interpretive efforts, for Gadamer the meaning of a text is what happens when we encounter it in the appropriate way. In events of meaning the world makes itself intelligibly present to us in a manner that is uniquely and irreducibly bound up with the concrete situation in which we find ourselves. When we recognize that Gadamer thinks of meaning in this way, we are better positioned to appreciate what his wider views amount to and how they hang together. Gadamer’s accounts of interpretive normativity, the aspectival character of understanding, and the nature of essences, for example, snap into more vivid relief when we see them as outgrowths of his underlying conception of meanings as events.The Event of Meaning in Gadamer’s Hermeneutics will especially appeal to researchers and advanced students working in hermeneutics, phenomenology, and the philosophy of language. More broadly it will be of interest to humanities teachers and researchers concerned with the question of how texts from distant cultures can be relevant to readers here and now.Law, Humans and Plants in the Andes-Amazon: The Lawness of Life (Law, Justice and Ecology)
Par Iván Darío Vargas Roncancio. 2024
Extending law beyond the human, the book examines the conceptual openings, methodological challenges, and ethical conundrums of law in a…
time of socio-ecological transition. How do we learn and practice law across epistemic and ontological difference? What sort of methodologies do we need? In what sense does conjuring other-than-human beings as sentient, cognitive and social agents—rather than mere recipients of state-sanctioned rights—transform what we mean by law and rights of nature in Latin America and beyond? Legal institutions exclusively focused on human perspectives seem insufficiently capable of addressing current socio-ecological challenges in Latin America and beyond. In response, this book strives to integrate other-than-human beings within legal thinking, institutions, and decision-making protocols. Weaving together various fields of knowledge and worldmaking practices that include – but are not limited to – Indigenous legal traditions, ecological law, multispecies ethnography, and ecological economics, the book pursues a multi-sited ethnography that focuses on the entanglement of law, ecology, and Indigenous cosmologies in Southern Colombia. In so doing, it articulates a general post-anthropocentric legal theory which is proposed, a tool to address socio-ecological challenges such as climate change and bio-cultural loss. This book will be of interest to scholars and students in the disciplines of environmental law, Earth law and ecological law, legal theory and critical legal studies; as well as others working in the in the fields of Indigenous studies, environmental humanities, legal anthropology, and sustainability and climate change justice.Impeachment in a Global Context: Law, Politics, and Comparative Practice (Routledge Frontiers in Accountability Studies)
Par Chris Monaghan, Matthew Flinders, Aziz Z. Huq. 2024
This volume considers the use of impeachment within a global context. The book brings together leading scholars and experts to…
give an insight into significant periods in the development of impeachment and its modern comparative use. Divided into five parts, the opening chapter introduces the topic and underlines its significance in terms of understanding the relationship and inter-dependence among politics, governance and the law. It also offers a novel conceptual framework that facilitates the global mapping of impeachment processes. Part I presents a thematic approach that explores the topic of impeachment through the lenses of democracy, human rights and the rule of law. With these themes in mind, Part II focuses on those parts of the world where impeachment is generally recognised as a core constitutional process including the United States, South Korea, Brazil and other countries in South America. Part III continues with the process of constitutional mapping by moving to a focus on those countries where impeachment is arguably an important but largely secondary or peripheral process. This includes chapters on Denmark, Iceland, Sri Lanka and the Philippines and flows through into Part IV’s focus on areas of the world where impeachment matters and may even be increasing in terms of visibility but, for a number of reasons, arguably exists within a satellite status in terms of constitutional processes and safeguards. The fifth and final section steps back in an attempt to assess impeachment processes from a broad comparative perspective. The collection presents the definitive text on impeachment for students and scholars with an interest in comparative public law, politics and constitutional studies.This book contrasts and compares the different application of the law relating to the welfare interests and rights of children…
in France and Germany. It does so by applying the same matrix of indicators to explore jurisdictional differences between welfare interests and rights in the contexts of public family law (civil – care and protection etc and criminal – youth justice etc); private family law (matrimonial, adoption etc); and hybrid public/private family law (wardship, adoption from state care etc). By profiling the nations in accordance with the same indicators it reveals important jurisdictional differences in the extent to which welfare interests or rights determine how the law is currently applied to children in France and Germany. This volume will be of interest to academics and researchers engaged in law, legal studies and social policy, and also to policymakers, administrators, and professionals working within child welfare systems.The psychological dependence of humanity on playing is huge. Its nature and functional utility are unclear. These linked yet contradictory…
issues have created the intrigue that has fed philosophical thought for more than two hundred years. During this period, philosophy transferred many of the subjects of its analysis to the aegis of the humanities that it spawned. Each of them pays close attention to human play and studies it with its own methods of theoretical and experimental research. Thus, what was once a general philosophical comprehension of human play has branched out into different directions, definitions, and theories. This new book represents a renewed general view of human play. The unique quality of the volume lies in its fairly rare interdisciplinary methodology, encompassing a broad spectrum of the humanities: philosophy, anthropology, sociology, and the history of play, and behavioral analysis of playing, which have been done by the author. As a result, the volume ends with the proposition of a new general approach to human play that is named by the author “play field theory”. Such an approach makes reflections on play, sport, and culture a source for all scholars studying play, by widening their knowledge through both a new general view and their familiarization with notions from neighboring fields and disciplines.Theorizing Legal Punishment (Routledge Research in Legal Philosophy)
Par Richard L. Lippke. 2024
This book systematically defends an account of the institution of legal punishment that draws on both retributive and crime-prevention thinking.…
The work argues that legal punishment censures convicted offenders and thus morally communicates with them, any victims, and the broader community, while also serving to reduce future crime. The expressive or retributive element is assigned the lead role in this mixed account because it better captures the notion that members of society are to be held morally accountable for their failures to abide by defensible criminal prohibitions of various kinds. Despite this, it is conceded that the reduction of crime plays a vital role in justifying the institution of legal punishment and the book contains extended discussion of how and why this is so. Beyond its explication of the aims of legal punishment and their respective roles within a mixed theory, the study devotes separate chapters to sentencing, criminal procedure, and the imposition of fees and collateral legal consequences on individuals who have been convicted of crimes and fully served their sentences. In these ways, the work moves beyond discussion of the abstract aims of legal punishment to details of the institution’s internal structure and operations. The many historical deficiencies and failures of the institution are duly noted and the challenges they pose for punishment theorizing are examined. The book closes with discussion of the limited success of punishment institutions in apprehending, convicting, and punishing those who violate the law, including many who do so in serious ways. Alternatives to reliance on legal punishment institutions are briefly examined. In the end, retention of such institutions is urged although it is suggested that we ought to have modest expectations about their ultimate success. The work will be of interest to those working in the areas of Legal Philosophy and Criminology.An engaging and insightful journey into human consciousness.What if our goal had not been to land on Mars, but in…
pure consciousness? The experience of pure consciousness—what does it look like? What is the essence of human consciousness? In The Elephant and the Blind, influential philosopher Thomas Metzinger, one of the world's leading researchers on consciousness, brings together more than 500 experiential reports to offer the world's first comprehensive account of states of pure consciousness. Drawing on a large psychometric study of meditators in 57 countries, Metzinger focuses on &“pure awareness&” in meditation—the simplest form of experience there is—to illuminate the most fundamental aspects of how consciousness, the brain, and illusions of self all interact.Starting with an exploration of existential ease and ending on Bewusstseinskultur, a culture of consciousness, Metzinger explores the increasingly non-egoic experiences of silence, wakefulness, and clarity, of bodiless body-experience, ego-dissolution, and nondual awareness. From there, he assembles a big picture—the elephant in the parable, from which the book&’s title comes—of what it would take to arrive at a minimal model explanation for conscious experience and create a genuine culture of consciousness. Freeing pure awareness from new-age gurus and old religions, The Elephant and the Blind combines personal reports of pure consciousness with incisive analysis to address the whole consciousness community, from neuroscientists to artists, and its accessibility echoes the author&’s career-long commitment to widening access to philosophy itself.Varieties of Voluntarism in Medieval and Early Modern Philosophy
Par Sonja Schierbaum, Jörn Müller. 2024
This book considers different forms of voluntarism developed from the thirteenth to eighteenth centuries. By crossing the conventional dividing line between the…
medieval and early modern periods, the volume draws important new insights on the historical development of voluntarism. Voluntarism places a special emphasis on the will when it comes to the analysis and explanation of fundamental philosophical questions and problems. Since the Middle Ages, voluntarist considerations and views played an important role in the development of different theories of action, ethics, metaethics, and metaphysics. The chapters in this volume are grouped according to three distinct kinds of voluntarism: psychological, ethical, and theological voluntarism. They address topics such as the threat of irrationality as the standard objection to voluntarism, incontinent actions and their explanation, the nature of the will as rational appetite, the relationship between intellect and will, the implications of conceptions of the will for political freedom, and the relations between divine freedom and the modal status of eternal truths. The chapters not only consider towering figures of the Middle Ages—Thomas Aquinas, Henry of Ghent, William of Ockham, Francisco de Vitoria—and early modern period—René Descartes, Thomas Hobbes, Gottfried Wilhelm Leibniz, Samuel Pufendorf—but also engage with less well-known figures such as Peter John Olivi, John of Pouilly, Catharine Trotter Cockburn, and Christian August Crusius. Varieties of Voluntarism in Medieval and Early Modern Philosophy will appeal to scholars and advanced students working in medieval philosophy, early modern philosophy, the history of ethics, and philosophy of religion.Kōjin Karatani’s Philosophy of Architecture
Par Nadir Lahiji. 2024
In this book, Nadir Lahiji introduces Kōjin Karatani’s theoretical-philosophical project and demonstrates its affinity with Kant’s critical philosophy founded on…
‘architectonic reason’. From the ancient Greeks we have inherited a definition of the word ‘philosophy’ as Sophia—wisdom. But in his book Architecture as Metaphor Kōjin Karatani introduces a different definition of philosophy. Here, Karatani critically defines philosophy not in association with Sophia but in relation to foundation as the Will to Architecture. In this novel definition resides the notion that in Western thought a crisis persistently reveals itself with every attempt to build a system of knowledge on solid ground. This book reveals the implications of this extraordinary exposition. This is the first book to uncover Kōjin Karatani’s highly significant ideas on architecture for both philosophical and architectural audiences.Hakuin's Song of Zazen: Yamada Mumon Roshi on Zen Practice
Par Yamada Mumon Roshi. 2024
Renowned modern Zen master Yamada Mumon Rōshi uses Hakuin&’s famous poem of spiritual realization, Song of Zazen, as a starting point…
to embark on a lively commentary on Zen practice in contemporary life.First published in Japan in 1962, Hakuin&’s Song of Zazen is a celebrated collection of short essays by Zen master Yamada Mumon Rōshi. Translated into English for the first time, it introduces the story of Hakuin&’s early life and training, then uses his classic Zen chanting poem, Song of Zazen, to make wide-ranging considerations of the Zen tradition and its applications in modern Japanese life. As Daisetz Suzuki remarks in his foreword, what gives Mumon&’s book its unique flavor and makes it different from previous works by Zen teachers are his forays into matters of ordinary, everyday life, expanding his Zen teaching to encompass interests that are closely linked with his lay audience. He responds to a news article that catches his eye in the morning paper, delivers criticism on contemporary political and social trends, explores matters as diversified as the uses of atomic energy, the court culture of seventeenth-century France, a leper hospital on an island in the Inland Sea, Albert Schweitzer and other noted Western figures—and more. In doing this Mumon gives readers open access to the opinions, judgements, and practical thinking of a leading Zen master—a map of his planet, so to speak. Each brief chapter of Mumon&’s book is an invitation to follow Hakuin and himself down the path of true Zen realization.A Legal Assessment of the Efficacy of Consultation with Indigenous Peoples: The Case of Brazil
Par Catarina Woyames Dreher. 2024
This book offers a novel perspective on consultation with indigenous peoples in projects of natural resource exploitation. Engaging with current debates in international law, the study…
introduces a multi-dimensional perspective on consultation understood to include self-determination and cultural rights. It analyzes evidence from several countries across the Americas and Africa and presents an original and in-depth case study of Brazil. The book assesses judicial and legislative cases, drawing on relevant literature, international treaties and supplementary information gained from expert interviews. This supports the work’s broader objective to explore legal facts as well as to evaluate the empirical evidence in light of theoretical considerations. It thereby expands the understanding of consultation as a right under national legal systems and considers practical ways on how to enforce domestic redress for avoiding legal indeterminacy. The conclusions of the analysis contribute to not only a better understanding of the subject matter but also showcase ways of how to improve the realities on the ground. The book puts forward a range of recommendations directed at national authorities, international organizations, development lenders and civil society to help improve the unsatisfactory present circumstances. The intended audience encompasses legal scholars, students, practitioners and journalists, as well as anyone interested in research on the realization of indigenous peoples’ rights and the role of international law in the 21st century.Unsustainable: Measurement, Reporting, and the Limits of Corporate Sustainability
Par Matthew Archer. 2024
A behind-the-scenes look at how corporate and financial actors enforce a business-friendly approach to global sustainabilityIn recent years, companies have…
felt the pressure to be transparent about their environmental impact. Large documents containing summaries of yearly emissions rates, carbon output, and utilized resources are shared on companies’ social media pages, websites, and employee briefings in a bid for public confidence in corporate responsibility.And yet, Matthew Archer argues, these metrics are often just hollow symbols. Unsustainable contends with the world of big banks and multinational corporations, where sustainability begins and ends with measuring and reporting. Drawing on five years of research among sustainability professionals in the US and Europe, Unsustainable shows how this depoliticizing tendency to frame sustainability as a technical issue enhances and obscures corporate power while doing little, if anything, to address the root causes of the climate crisis and issues of social inequality. Through this obsession with metrics and indicators, the adage that you can’t manage what you can’t measure transforms into a belief that once you’ve measured social and environmental impacts, the market will simply manage them for you.The book draws on diverse sources of evidence—ethnographic fieldwork among a wide array of sustainability professionals, interviews with private bankers, and apocalyptic science fiction—and features analyses of name-brand companies including Volkswagen, Unilever, and Nestlé. Making the case for the limits of measuring and reporting, Archer seeks to mobilize alternative approaches. Through an intersectional lens incorporating Black and Indigenous theories of knowledge, power and value, he offers a vision of sustainability that aims to be more effective and more socially and ecologically just.Lawyer Nation: The Past, Present, and Future of the American Legal Profession
Par Ray Brescia. 2024
Explores the critical role that American lawyers have played since the nation’s founding and what the future holds for the…
professionThe American legal profession faces significant challenges: the changing nature of work in the wake of the COVID-19 pandemic; calls for greater racial and gender justice; threats to democracy; the inaccessibility of legal services for the majority of Americans; the risk of obsolescence owing to the emergence of new technologies; and the disaffection many lawyers feel toward their work. Ambitious in its scope yet straightforward in its approach, Lawyer Nation seeks to address these crises by offering a path forward for the legal profession. Ray Brescia provides concrete ideas for transforming law into a field whose services are accessible, egalitarian, and viable in the long term. Further, he addresses how the profession can improve so that the health of its practitioners is not compromised in the process. If the legal profession does not respond to its crises in an effective way, he argues, the dysfunction and unfairness plaguing the legal world will deepen. This is an unprecedented opportunity for the world of law to reimagine its future in way that honors its highest ideals: preserving the rule of law, protecting individual liberty, and addressing social inequality in all of its forms.Marcus Aurelius: The Stoic Emperor (Ancient Lives)
Par Donald J. Robertson. 2019
Experience the world of Roman emperor Marcus Aurelius and the tremendous challenges he faced and overcame with the help of…
Stoic philosophy This novel biography brings Marcus Aurelius (121–180 CE) to life for a new generation of readers by exploring the emperor&’s fascinating psychological journey. Donald J. Robertson examines Marcus&’s relationships with key figures in his life, such as his mother, Domitia Lucilla, and the emperor Hadrian, as well as his Stoic tutors. He draws extensively on Marcus&’s own Meditations and correspondence, and he examines the emperor&’s actions as detailed in the Augustan History and other ancient texts. Marcus Aurelius struggled to reconcile his philosophy and moral values with the political pressures he faced as emperor at the height of Roman power. Robertson examines Marcus&’s attitude toward slavery and the moral dilemma posed by capturing enemies in warfare; his attitude toward women; the role of Stoicism in shaping his response to the threat of civil war; the treatment of Christians under his rule; and the naming of his notorious son Commodus as his successor. Throughout, the Meditations is used to shed light on the mind of the emperor—his character, values, and motives—as Robertson skillfully weaves together Marcus&’s inner journey as a philosopher with the outer events of his life as a Roman emperor.