Civility Legality And Justice In America

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Civility, Legality, and Justice in America

Author : Austin Sarat
Publisher : Cambridge University Press
Page : 185 pages
File Size : 53,7 Mb
Release : 2014-08-11
Category : Law
ISBN : 9781316061718

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Civility, Legality, and Justice in America by Austin Sarat Pdf

Throughout American history, the discourse of civility has proven quite resilient, and concern for a perceived lack of civility has ebbed and flowed in recognizable patterns. Today we are in another era in which political leaders and commentators bemoan a crisis of incivility and warn of civility's demise. Civility, Legality, and Justice in America charts the uses of civility in American legal and political discourse. How important is civility as a legal and political virtue? How does it fare when it is juxtaposed with the claim that it masks injustice? Who advocates civility and to what effect? How are battles over civility played out in legal and political arenas? This book brings the work of several distinguished scholars together to critically assess the relative claims of civility and justice and the way law the weighs those virtues.

Mere Civility

Author : Teresa M. Bejan
Publisher : Harvard University Press
Page : 260 pages
File Size : 52,5 Mb
Release : 2017-01-02
Category : Philosophy
ISBN : 9780674972742

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Mere Civility by Teresa M. Bejan Pdf

In liberal democracies committed to tolerating diversity as well as disagreement, the loss of civility in the public sphere seems critical. But is civility really a virtue, or a demand for conformity that silences dissent? Teresa Bejan looks at early modern debates about religious toleration for answers about what a civil society should look like.

A Crisis of Civility?

Author : Robert G. Boatright,Timothy J. Shaffer,Sarah Sobieraj,Dannagal Goldthwaite Young
Publisher : Routledge
Page : 245 pages
File Size : 50,6 Mb
Release : 2019-02-18
Category : Political Science
ISBN : 9781351051965

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A Crisis of Civility? by Robert G. Boatright,Timothy J. Shaffer,Sarah Sobieraj,Dannagal Goldthwaite Young Pdf

The state of political discourse in the United States today has been a subject of concern for many Americans. Political incivility is not merely a problem for political elites; political conversations between American citizens have also become more difficult and tense. The 2016 presidential elections featured campaign rhetoric designed to inflame the general public. Yet the 2016 election was certainly not the only cause of incivility among citizens. There have been many instances in recent years where reasoned discourse in our universities and other public venues has been threatened. This book was undertaken as a response to these problems. It presents and develops a more robust discussion of what civility is, why it matters, what factors might contribute to it, and what its consequences are for democratic life. The authors included here pursue three major questions: Is the state of American political discourse today really that bad, compared to prior eras; what lessons about civility can we draw from the 2016 election; and how have changes in technology such as the development of online news and other means of mediated communication changed the nature of our discourse? This book seeks to develop a coherent, civil conversation between divergent contemporary perspectives in political science, communications, history, sociology, and philosophy. This multidisciplinary approach helps to reflect on challenges to civil discourse, define civility, and identify its consequences for democratic life in a digital age. In this accessible text, an all-star cast of contributors tills the earth in which future discussion on civility will be planted.

A Republic, If You Can Keep It

Author : Neil Gorsuch
Publisher : Crown Forum
Page : 352 pages
File Size : 49,6 Mb
Release : 2019-09-10
Category : Biography & Autobiography
ISBN : 9780525576792

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A Republic, If You Can Keep It by Neil Gorsuch Pdf

NEW YORK TIMES BESTSELLER • Justice Neil Gorsuch reflects on his journey to the Supreme Court, the role of the judge under our Constitution, and the vital responsibility of each American to keep our republic strong. As Benjamin Franklin left the Constitutional Convention, he was reportedly asked what kind of government the founders would propose. He replied, “A republic, if you can keep it.” In this book, Justice Neil Gorsuch shares personal reflections, speeches, and essays that focus on the remarkable gift the framers left us in the Constitution. Justice Gorsuch draws on his thirty-year career as a lawyer, teacher, judge, and justice to explore essential aspects our Constitution, its separation of powers, and the liberties it is designed to protect. He discusses the role of the judge in our constitutional order, and why he believes that originalism and textualism are the surest guides to interpreting our nation’s founding documents and protecting our freedoms. He explains, too, the importance of affordable access to the courts in realizing the promise of equal justice under law—while highlighting some of the challenges we face on this front today. Along the way, Justice Gorsuch reveals some of the events that have shaped his life and outlook, from his upbringing in Colorado to his Supreme Court confirmation process. And he emphasizes the pivotal roles of civic education, civil discourse, and mutual respect in maintaining a healthy republic. A Republic, If You Can Keep It offers compelling insights into Justice Gorsuch’s faith in America and its founding documents, his thoughts on our Constitution’s design and the judge’s place within it, and his beliefs about the responsibility each of us shares to sustain our distinctive republic of, by, and for “We the People.”

In Defense of Civility

Author : James Calvin Davis
Publisher : Westminster John Knox Press
Page : 240 pages
File Size : 48,5 Mb
Release : 2010-09-21
Category : Religion
ISBN : 9781611640755

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In Defense of Civility by James Calvin Davis Pdf

From "the big four" (abortion, homosexuality, euthanasia, and stem-cell research) to war, poverty, and the environment, this timely book considers religion's impact on moral debates in America's past and present. James Calvin Davis argues for religion's potential to enrich both the content and the civility of public conversation. This book will interest all concerned citizens yearning for more careful thinking about the role of religion in public debate.

Fighting Fair

Author : Allan C. Hutchinson
Publisher : Cambridge University Press
Page : 139 pages
File Size : 51,8 Mb
Release : 2015-07-08
Category : Law
ISBN : 9781107116917

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Fighting Fair by Allan C. Hutchinson Pdf

This book draws an extended analogy with military theory to propose a new model for legal ethics.

Thoughtfulness and the Rule of Law

Author : Jeremy Waldron
Publisher : Harvard University Press
Page : 337 pages
File Size : 43,9 Mb
Release : 2023-12-05
Category : Philosophy
ISBN : 9780674294844

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Thoughtfulness and the Rule of Law by Jeremy Waldron Pdf

An essential study of the rule of law by one of the world’s leading liberal political and legal philosophers. The meaning and value of the rule of law have been debated since antiquity. For many, the rule of law has become the essence of good government. But Jeremy Waldron takes a different view, arguing that it is but one star in a constellation of ideals that define our political morality, ranking alongside democracy, human rights, economic freedom, and social justice. This timely essay collection, from one of the most respected political philosophers of his generation, is a brief on behalf of thoughtfulness: the intervention of human intelligence in the application of law. Waldron defends thoughtfulness against the claim that it threatens to replace the rule of law with the arbitrary rule of people. To the contrary, he argues, the rule of law requires thoughtfulness: it is impossible to apply a standard such as “reasonableness” on the basis of rules alone, and common legal activities like arguing in court and reasoning from precedents are poorly served by algorithmic logics. This rich compilation also addresses the place of law in protecting human dignity, the relation between rule of law and legislation, and whether vagueness in the law is at odds with law’s role in guiding action. Thoughtfulness and the Rule of Law emphasizes the value of procedures rather than the substance or outcome of legal decisions. Challenging the view that predictability and clarity are cardinal virtues, Waldron shows that real-world controversies often are best approached using a relatively thin concept of the rule of law, together with the thoughtfulness that a legal system frames and enables.

Prophecy without Contempt

Author : Cathleen Kaveny
Publisher : Harvard University Press
Page : 128 pages
File Size : 53,5 Mb
Release : 2016-03-07
Category : Philosophy
ISBN : 9780674969384

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Prophecy without Contempt by Cathleen Kaveny Pdf

The culture wars have as much to do with rhetorical style as moral substance. Cathleen Kaveny focuses on a powerful stream of religious discourse in American political speech: the Biblical rhetoric of prophetic indictment. It can be strong medicine against threats to the body politic, she shows, but used injudiciously it does more harm than good.

Looking for Law in All the Wrong Places

Author : Marianne Constable,Leti Volpp,Bryan Wagner
Publisher : Fordham Univ Press
Page : 272 pages
File Size : 46,5 Mb
Release : 2019-03-05
Category : Law
ISBN : 9780823283729

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Looking for Law in All the Wrong Places by Marianne Constable,Leti Volpp,Bryan Wagner Pdf

For many inside and outside the legal academy, the right place to look for law is in constitutions, statutes, and judicial opinions. This book looks for law in the “wrong places”—sites and spaces in which no formal law appears. These may be geographic regions beyond the reach of law, everyday practices ungoverned or ungovernable by law, or works of art that have escaped law’s constraints. Looking for Law in All the Wrong Places brings together essays by leading scholars of anthropology, cultural studies, history, law, literature, political science, race and ethnic studies, religion, and rhetoric, to look at law from the standpoint of the humanities. Beyond showing law to be determined by or determinative of distinct cultural phenomena, the contributors show how law is itself interwoven with language, text, image, and culture. Many essays in this volume look for law precisely in the kinds of “wrong places” where there appears to be no law. They find in these places not only reflections and remains of law, but also rules and practices that seem indistinguishable from law and raise challenging questions about the locations of law and about law’s meaning and function. Other essays do the opposite: rather than looking for law in places where law does not obviously appear, they look in statute books and courtrooms from perspectives that are usually presumed to have nothing to say about law. Looking at law sideways, or upside down, or inside out defamiliarizes law. These essays show what legal understanding can gain when law is denied its ostensibly proper domain. Contributors: Kathryn Abrams, Daniel Boyarin, Wendy Brown, Marianne Constable, Samera Esmeir, Daniel Fisher, Sara Ludin, Saba Mahmood, Rebecca McLennan, Ramona Naddaff, Beth Piatote, Sarah Song, Christopher Tomlins, Leti Volpp, Bryan Wagner

The Emotional Dynamics of Law and Legal Discourse

Author : Heather Conway,John Stannard
Publisher : Bloomsbury Publishing
Page : 320 pages
File Size : 53,7 Mb
Release : 2016-12-15
Category : Law
ISBN : 9781509902477

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The Emotional Dynamics of Law and Legal Discourse by Heather Conway,John Stannard Pdf

In his seminal work, Emotional Intelligence, Daniel Goleman suggests that the common view of human intelligence is far too narrow and that emotions play a much greater role in thought, decision-making and individual success than is commonly acknowledged. The importance of emotion to human experience cannot be denied, yet the relationship between law and emotion is one that has largely been ignored until recent years. However, the last two decades have seen a rapidly expanding interest among scholars of all disciplines into the way in which law and the emotions interact, including the law's response to emotion and the extent to which emotions pervade the practice of the law. In The Emotional Dynamics of Law and Legal Discourse a group of leading scholars from both sides of the Atlantic explore these issues across key areas of private law, public law, criminal justice and dispute resolution, illustrating how emotion infuses all areas of legal thought. The collection argues for a more positive view of the role of emotion in the context of legal discourse and demonstrates ways in which the law could, in the words of Goleman, become more emotionally intelligent.

Keywords for Latina/o Studies

Author : Deborah R. Vargas,Lawrence La Fountain-Stokes,Nancy Raquel Mirabal
Publisher : NYU Press
Page : 288 pages
File Size : 42,8 Mb
Release : 2017-12-01
Category : Social Science
ISBN : 9781479837212

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Keywords for Latina/o Studies by Deborah R. Vargas,Lawrence La Fountain-Stokes,Nancy Raquel Mirabal Pdf

A vocabulary of Latina/o studies. Keywords for Latina/o Studies is a generative text that enhances the ongoing dialogue within a rapidly growing and changing field. The keywords included in this collection represent established and emergent terms, categories, and concepts that undergird Latina/o studies; they delineate the shifting contours of a field best thought of as an intellectual imaginary and experiential project of social and cultural identities within the U.S. academy. Bringing together sixty-three essays, from humanists, historians, anthropologists, sociologists, among others, each focused on a single term, the volume reveals the broad range of the field while also illuminating the tensions and contestations surrounding issues of language, politics, and histories of colonization, specific to this area of study. From “borderlands” to “migration,” from “citizenship” to “mestizaje,” this accessible volume will be informative for those who are new to Latina/o studies, providing them with a mapping of the current debates and a trajectory of the development of the field, as well as being a valuable resource for scholars to expand their knowledge and critical engagement with the dynamic transformations in the field.

Political Incivility in the Parliamentary, Electoral and Media Arena

Author : Annemarie S. Walter
Publisher : Routledge
Page : 260 pages
File Size : 48,9 Mb
Release : 2021-02-25
Category : Political Science
ISBN : 9781000334920

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Political Incivility in the Parliamentary, Electoral and Media Arena by Annemarie S. Walter Pdf

This edited volume affords conceptual and analytical convergence in the study of political incivility by bringing together theoretical and empirical work of scholars from various (sub)disciplines studying political incivility within European countries and the USA. It addresses the needs and challenges of comparative research, adding to a more generic theory on political incivility. Recent years have witnessed growing attention to issues of political incivility in the parliamentary, electoral and media arenas, with rudeness, hostility and vulgarity being highly prevalent in interactions between politicians, journalists and citizens. This book analyses what constitutes this political incivility, its occurrence, causes and effects in these various arenas, using several country-specific contexts, and presenting a cohesive edifice of knowledge on political incivility. This book will be of key interest to scholars and students of parliamentary studies, political behaviour, political communication and political psychology, as well as more broadly to political science, communication science, media studies, psychology, sociology and to (non-) governmental institutions and those that are concerned about the quality of democracy or public debate.

Narrative and Metaphor in the Law

Author : Michael Hanne,Robert Weisberg
Publisher : Cambridge University Press
Page : 439 pages
File Size : 41,9 Mb
Release : 2018-02-08
Category : Law
ISBN : 9781108422796

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Narrative and Metaphor in the Law by Michael Hanne,Robert Weisberg Pdf

Scholars from many disciplines discuss the crucial roles played by narrative and metaphor in the theory and practice of law.

Civil Society: Concepts, Challenges, Contexts

Author : Michael Hoelscher,Regina A. List,Alexander Ruser,Stefan Toepler
Publisher : Springer Nature
Page : 498 pages
File Size : 46,8 Mb
Release : 2022-05-10
Category : Political Science
ISBN : 9783030980085

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Civil Society: Concepts, Challenges, Contexts by Michael Hoelscher,Regina A. List,Alexander Ruser,Stefan Toepler Pdf

This volume is a collection of original essays prepared by colleagues, collaborators, and former students on the occasion of Helmut K. Anheier’s 65th birthday and retirement from the University of Heidelberg. An internationally recognized pioneer of nonprofit and civil society studies, Anheier focused his work on providing clarity around (1) civil society, local and global, observing its origins and trajectory and developing theories to explain it; (2) the nonprofit sector and institutions within and extending from it, including nonprofit organizations, philanthropy and social investment; and (3) culture as it relates to democracy and back to civil society. The essays in this volume refer to these concepts and position them in the context of developments over the last two to three decades. The volume is arranged in three sections. The first section comprises essays that elucidate concepts and probe theories in the field. The second section presents chapters discussing current global challenges and trends in the focal areas. The third and final section then comprises country and regional case studies illustrating important aspects of the global challenges or theoretical issues of the two preceding sections. A fascinating and up-to-date overview of key issues and trends in civil society and nonprofit research by an international collection of eminent scholars in these fields, this book will be attractive to civil society and nonprofit sector researchers as well as a broader academic community of political scientists, sociologists, economists, and cultural experts.

(Un)civil Democracy

Author : Sara Bentivegna,Rossella Rega
Publisher : Springer Nature
Page : 115 pages
File Size : 44,7 Mb
Release : 2024
Category : Communication in politics
ISBN : 9783031544057

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(Un)civil Democracy by Sara Bentivegna,Rossella Rega Pdf

This book offers a systematization of the recourse to political incivility by different subjects and in different contexts. The authors argue that incivility has now become a strategic resource that can be used by various actors in the public arena to achieve specific goals. We are referring not only to traditional political subjects, but also to journalists, citizens, movements and protest groups, that is to a plurality of actors who, from different angles, contribute to the construction of the "political spectacle". This resource can be activated according to circumstances and conveniences, whether their nature be political (to place an issue at the center of public debate or a new actor in the offer range), mediatic (to achieve an increase in visibility or viewership) or relational (to expand one's visibility and centrality in social media). The book identifies common elements linking the different levels of use of incivility, which can be traced in uncivil forms of communication. These are their expressive power (memorable gestures and unequivocal messages, which are immediately recognizable and visible), their aggregation power (they build group identities, and consolidate allegiances and bonds) and their mobilization power (they galvanize people, and inspire them to participate and take action). Sara Bentivegna is Full Professor at the Sapienza University of Rome, Italy. Rossella Rega is Associate Professor at the University of Siena, Italy.