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Cases and Materials on Civil Procedure
A. Leo Levin, Philip Shuchman, and Charles M. Yablon
This casebook covers major aspects of civil procedure. The author makes extensive use of empirical materials to illustrate the impact of procedural rules on actual cases. It is a broadly focused look at civil procedure including both state and federal practice.
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Affirmative Action and Justice : a Philosophical and Constitutional Inquiry
Michel Rosenfeld
Affirmative action has been one of the most hotly debated issues in America. In the wake of numerous Supreme Court decisions on the subject, the ethical and constitutional controversy over affirmative action has recently intensified. The Court has neither clearly delineated the nature and scope of constitutionally permissible affirmative action plans nor articulated a coherent judicial philosophy to justify its seemingly incoherent decisions. Although philosophers and legal scholars have written extensively on affirmative action, where have been virtually no comprehensive attempts at interdisciplinary analysis. In this book Michel Rosenfeld provides such an analysis, critically examining the major existing philosophical and constitutional theories on affirmative action and elaborating a new theory that strongly defends the justice of affirmative action from the standpoint of both philosophy and constitutional law. Rosenfeld begins by discussing the treatment of affirmative action under each of the four major philosophical conceptions of equality consistent with the tenets of liberal political philosophy: libertarian, contractarian, utilitarian, and egalitarian. He then examines systematically the Supreme Court’s rulings on affirmative action in light of evolving conceptions of the constitutional right to equal protection. Finally, he presents his new theory. Drawing upon Kohlberg’s principle of justice as reversibility and upon Habermas’ theory of communicative ethics, Rosenfeld advocates adopting a principle that he calls “justice as reversible reciprocity” as the best means to integrate various relevant perspectives and to provide a unified philosophical and constitutional justification of affirmative action.
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Languages of Law: From Logics of Memory to Nomadic Masks
Peter Goodrich
Languages of Law is an original and comprehensive study of the history, symbols and languages of the common law tradition. While the first part of this stimulating contribution to modern legal theory, 'Memory, Precedent and the Writing Systems of Law,' examines the technological, professional and polemical contexts of legal writing as a distinctive system of inscription and documentation, the second part of the text, 'Language, Image, Sign and Common Law' moves from historical to substantive analysis. The final chapters concentrate on the visual legitimacy and symbols of law, and advance an original theory of the acceptance of law as a question of the imagery and aesthetics of legal representation. This is a book for students of legal history, legal system and legal method, jurisprudence and sociology of law, and for students of the history of language.
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Contemporary Halakhic Problem Volume 3
J. David Bleich
This series, an outstanding example of the traditional approach to the halakhah, deals with the application of Jewish law to contemporary social, political, technological and religious problems. Chapters in these volumes are devoted to questions of personal and social status, the State of Israel, the Sabbath and Holy Days, medical halakhah, education and business law. Major issues such as assisted procreation, abortion, fetal tissue research, the agunah problem, intermarriage, conversion, the role of the Bet Din, capital punishment, preemptive warfare and many, many more are analyzed in detail. Many of these topics have been matters of heated controversy within the Jewish community. The author, a distinguished talmudic scholar and halakhist, has culled relevant material from the vast responsa literature. He examines each question by carefully delineating the issues, showing the various positions taken by rabbinic scholars, clarifying areas of divergence and analyzing the reasons for disagreement. This work is an invaluable source book for all students of traditional Jewish law and practice.
This best-selling series has been universally acclaimed as a classic of its genre. A Jerusalem Post reviewer observed that it is scholarly, lucid and good-tempered.....Direct, comprehensive, realistic.....enjoy this treasury of halakhic knowledge. -
Legal Discourse: Studies in Linguistics, Rhetoric and Legal Analysis
Peter Goodrich
Lawyers and the law have long been the object of popular criticism and satire for the obscurity and incomprehensibility of their language. Legal Discourse provides a novel historical and systematic account of the language of the legal institution together with a sustained criticism of legal exegesis and `legalese' more generally. In the first part of the work the doctrinal history of the legal discipline and its concepts of language, text and sign are examined and assessed. In the second part the contemporary disciples of linguistics, discourse analysis and communication studies are brought to bear upon the task of constructing a theory of legal discourse as a linguistics of legal power.
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Women's Legal Rights : International Covenants an Alternative to ERA?
Malvina Halberstam and Elizabeth F. DeFeis
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Reading the Law : a Critical Introduction to Legal Method and Techniques
Peter Goodrich
"Reading the Law" is a contemporary interdisciplinary introduction to the study of law. Drawing on historical, lingusitic, sociological and philosphical materials, it provides the tools for a literary criticism of the subject. Moreover, in addressing the question of how lawyers and students read the texts of the legal tradition, it provides a general and critical introduction to the law and to the significance of the legal discipline.
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The Failure of the Word : the Protagonist as Lawyer in Modern Fiction
Richard H. Weisberg
The cruel power of misdirected words, artfully structured but spiritually empty and bearing the stamp of law or legalistic reasoning, is a persistent theme in the modern novel. Richard Weisberg, who has written extensively on both literature and law, explores the role of legalism and its abuses in eight major novels of the nineteenth and twentieth centuries. Beginning with Dostoevski and moving by way of trenchant analyses of Flaubert and Camus, Weisberg culminates his argument in a brilliantly revisionist reading of Melville’s Billy Budd. In each of the novels treated, Weisberg sees a verbally gifted central character relying on wordiness to avoid or distort previously revealed truths. He argues that the malaise Nietzsche called ressentiment goads these characters to verbalizations that do violence to others and, ironically, indict their very creators. He identifies the legalistic theme as the major mode of iconoclasm in modern fiction and the source of its holocaustic vision. Writers, he reflects, viewed with profound skepticism their culture’s tendency to substitute complex narrative formalism for earlier, absolute approaches to justice. In this, Weisberg concludes, their works anticipated the jurisprudential discourse of today.
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Contemporary Halakhic Problem Volume 2
J. David Bleich
This series, an outstanding example of the traditional approach to the halakhah, deals with the application of Jewish law to contemporary social, political, technological and religious problems. Chapters in these volumes are devoted to questions of personal and social status, the State of Israel, the Sabbath and Holy Days, medical halakhah, education and business law. Major issues such as assisted procreation, abortion, fetal tissue research, the agunah problem, intermarriage, conversion, the role of the Bet Din, capital punishment, preemptive warfare and many, many more are analyzed in detail. Many of these topics have been matters of heated controversy within the Jewish community. The author, a distinguished talmudic scholar and halakhist, has culled relevant material from the vast responsa literature. He examines each question by carefully delineating the issues, showing the various positions taken by rabbinic scholars, clarifying areas of divergence and analyzing the reasons for disagreement. This work is an invaluable source book for all students of traditional Jewish law and practice. This best-selling series has been universally acclaimed as a classic of its genre. A Jerusalem Post reviewer observed that it is scholarly, lucid and good-tempered.....Direct, comprehensive, realistic.....enjoy this treasury of halakhic knowledge.
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Bircas Hachammah : Blessing of the Sun-Renewal of Creation
J. David Bleich
Every twenty-eight years, for a few hours on a Wednesday morning in April, throngs of Jews fill streets, sidewalks, rooftops and parks for the most infrequent ritual in Judaism the Blessing of the Sun. The ancient rite marks the return of the sun to the exact place it occupied on the fourth day of Creation on the same day and at the same hour that the sun began to shine in the primordial heavens.
Questions about Bircas HaChammah abound. How is the 28-year cycle, which is not at all discernible to the naked eye, calculated? Was it known to the ancients? How do Jews reconcile the solar and lunar calendars? What are the appropriate prayers for this rare event, and what do they mean? What is the underlying spiritual message of the practice?
Bircas HaChammah: Blessing of the Sun-Renewal of Creation tackles these questions and more. The book also features the complete prayer service for the Blessing of the Sun, along with translation and commentary.
Author and renowned scholar Rabbi J. David Bleich brings to the book his boundless knowledge of the subject matter and his familiarity with the entire corpus of rabbinic literature -- including many rare works that have long been out of print related to the topic.
The result is a masterful treatment of a little-known ritual that nonetheless bears profound significance for the many who believe that there is a Creator who preserves and renews His universe. -
Bircas Hachammah : Blessing of the Sun-Renewal of Creation
J. David Bleich
Every twenty-eight years, for a few hours on a Wednesday morning in April, throngs of Jews fill streets, sidewalks, rooftops and parks for the most infrequent ritual in Judaism the Blessing of the Sun. The ancient rite marks the return of the sun to the exact place it occupied on the fourth day of Creation on the same day and at the same hour that the sun began to shine in the primordial heavens.
Questions about Bircas HaChammah abound. How is the 28-year cycle, which is not at all discernible to the naked eye, calculated? Was it known to the ancients? How do Jews reconcile the solar and lunar calendars? What are the appropriate prayers for this rare event, and what do they mean? What is the underlying spiritual message of the practice?
Bircas HaChammah: Blessing of the Sun-Renewal of Creation tackles these questions and more. The book also features the complete prayer service for the Blessing of the Sun, along with translation and commentary.
Author and renowned scholar Rabbi J. David Bleich brings to the book his boundless knowledge of the subject matter and his familiarity with the entire corpus of rabbinic literature -- including many rare works that have long been out of print related to the topic.
The result is a masterful treatment of a little-known ritual that nonetheless bears profound significance for the many who believe that there is a Creator who preserves and renews His universe. -
Contemporary Halakhic Problem Volume 1
J. David Bleich
This series is an outstanding example of how normative Halakhah engages and grapples with modern issues that arise in the modern age. Rabbi Bleich, in his remarkable erudition of classical and modern Jewish sources, mastery of the American legal system, and ability to write with great clarity and precision, tackles the most controversial and pressing modern issues from a halakhic perspective. Volume 1 of this influential series addresses: What is the Jewish perspective of abortion? What are the halakhic criteria of death? Is it permitted to rebuild the Temple in the modern day? How can the Agunah problem be resolved? What is the halakhic perspective of the Ethiopian Jews? These and many more issues are carefully and meticulously addressed, and this volume has become a twentieth-century classic reference guide for the scholar and layman alike.
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Providence in the Philosophy of Gersonides
J. David Bleich
Gersonides (1283-1344) was the first significant figure to arise in Jewish philosophic thought after the death of Maimonides. Regarded as the greatest and most independent of the post-Maimonideans, Gersonides' philosophical writings reflect broad scholarly interest. This is the first translation into English of a treatise of Gersonides' "Milhamot Adonai". Milhamot Adonai has been compared to Maimonides guide of the perplexed and Aristotles's work in terms of critical analysis, rigorous logical precision and technical exposition.
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