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Nietzsche and Legal Theory : Half-Written Laws
Peter Goodrich and Mariana Valverde
Nietzsche and Legal Theory is an anthology designed to provide legal and socio-legal scholars with a sense of the very wide range of projects and questions in whose pursuit Nietzsche's work can be useful. From medical ethics to criminology, from the systemic anti-Semitism of legal codes arising in Christian cultures, to the details of intellectual property debates about regulating the use of culturally significant objects, the contributors (from the fields of law, philosophy, criminology, cultural studies, and literary studies) demonstrate and enact the sort of creativity that Nietzsche associated with the "free-spirits" to whom he addressed some of his most significant work.
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Public Service Broadcasting in Transition: A Documentary Reader
Monroe E. Price and Marc Raboy
Few will deny that public service broadcasting, broadcasting that is controlled neither by the state nor by private media corporations, is an essential ingredient in modern democracy. But, as a number of initiatives in transition economies have shown, the inception and development of a strong public broadcasting system is a Herculean task that is easily sidetracked by politics or ideology, or stalled by lack of funding. Especially when state budgets are stretched, the expense is hard to justify.
This collection of documents, comments, and cases brings all the major issues in public service broadcasting policy into focus and sets the problems to be addressed in sharp relief. It draws on white papers from NGOs and broadcasters, legislation from a wide range of countries (and a model law), accounts of public broadcasting efforts in transition states, analyses of evolving policy in established systems, government regulatory guidelines, and a great deal more. Among the matters touched upon are the following:
- the principles of public service broadcasting and their cultural and economic justification;
- limiting state interference;
- the place of public broadcasting in a multi-channel, ¿market-driven¿ world;
- the appropriate mix of public and private revenues;
- objectivity and impartiality in broadcasting;
- how institutional structures can shape programming strategies;
- the use of competition law to adjust relations between public and private broadcasting;
- EU accession standards for public service broadcasting; and the impact of digital broadcasting.
Broadcast professionals, students and teachers in communications and related fields, government officials interested in strengthening public service broadcasting and keeping pace with rapid developments all will benefit enormously from this thoughtful and informative book. It will allow them to think well beyond the standard formulae about the function of public service broadcasting and its role in society.
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The Longest Night : Polemics and Perspectives on Election 2000
Arthur J. Jacobson and Michel Rosenfeld
The American presidential election of 2000 was perhaps the most remarkable, and in many ways the most unsettling, that the country has yet experienced. The millennial election raised fundamental questions not only about American democracy, but also about the nation's constitution and about the legitimate role of American courts, state and federal, and in particular about the United States Supreme Court. The Longest Night presents a lively and informed reaction to the legal aftermath of the election by the most prominent experts on the subject. With a balance of opposing views―including those of some of the most distinguished foreign commentators writing on the subject today―the contributors present an unusual breadth of perspectives in addressing the judicial, institutional, and political questions involved in the disputed election. Their commentaries bring the confusion and frenzy of the event into clear focus and lay the groundwork for an essential public debate that is sure to continue well into the future. The Longest Night contains a thorough chronology of the events in Florida, a detailed account of the institutional structure of American presidential elections, a series of analyses both criticizing and defending the decisions in Bush v. Gore, American perspectives on the Florida struggle and America's electoral system, and a debate on maintaining or reforming the electoral college. The authors include participants in the legal and political battles surrounding the Florida election, foreigners charged with monitoring and supervising elections, and scholars from many disciplines specializing in constitutionalism, democracy, and American election law.
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Weimar : a Jurisprudence of Crisis
Arthur J. Jacobson, Bernhard Schlink, and Belinda Cooper (trans.)
This selection of the major works of constitutional theory during the Weimar period reflects the reactions of legal scholars to a state in permanent crisis, a society in which all bets were off. Yet the Weimar Republic's brief experiment in constitutionalism laid the groundwork for the postwar Federal Republic, and today its lessons can be of use to states throughout the world. Weimar legal theory is a key to understanding the experience of nations turning from traditional, religious, or command-and-control forms of legitimation to the rule of law. Only two of these authors, Hans Kelsen and Carl Schmitt, have been published to any extent in English, but they and the others whose writings are translated here played key roles in the political and constitutional struggles of the Weimar Republic. Critical introductions to all the theorists and commentaries on their works have been provided by experts from Austria, Canada, Germany, and the United States. In their general introduction, the editors place the Weimar debate in the context of the history and politics of the Weimar Republic and the struggle for constitutionalism in Germany. This critical scrutiny of the Weimar jurisprudence of crisis offers an invaluable overview of the perils and promise of constitutional development in states that lack an entrenched tradition of constitutionalism.
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Jewish Bioethics
Fred Rosner and J. David Bleich
How do you define the precise moment of death? Should "pulling the plug" and mercy killings be allowed by law? Is it necessary to control the birth of "test tube babies"? Should abortions be legal and freely available? What are the social implications of sex-change operations? Should research on cloning and genetic engineering be allowed and encouraged? Should doctors be permitted to perform medical experiments on human subjects? For Jews, questions of this nature can only be answered within the framework of Halakhah (Jewish Law), and the great strides made in recent years by the life-sciences have opened up a host of such medical/halakhic problems. For while it has no quarrel with science itself, Judaism does demand that, like all human activities, science subordinate itself to higher ethical and legal imperatives. So scholars must first attempt to identify and formulate the ethnical issues involved, even before they can make judgments and suggest answers. In Jewish Bioethics, Fred Rosner, and Rabbi J. David Bleich have brought together the outstanding medical and rabbinic experts in the field to explore and discuss some of these most urgent and fascinating questions. Not only are many answers suggested, but also the halakhic decision making process is seen at work on matters of vital concern to our society and to every person in it.
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Law and the Postmodern Mind : Essays on Psychoanalysis and Jurisprudence
Peter Goodrich and David G. Carlson
David Gray Carlson and Peter Goodrich argue that the postmodern legal mind can be characterized as having shifted the focus of legal analysis away from the modernist understanding of law as a system that is unitary and separate from other aspects of culture and society. In exploring the various "other dimensions" of law, scholars have developed alternative species of legal analysis and recognized the existence of different forms of law. Carlson and Goodrich assert that the postmodern legal mind introduced a series of "minor jurisprudences" or partial forms of legal knowledge, which both compete with and subvert the modernist conception of a unitary system of law. In doing so scholars from a variety of disciplines pursue the implications of applying the insights of their disciplines to law. Carlson and Goodrich have assembled in this volume essays from some of our leading thinkers that address what is arguably one of the most fundamental of interdisciplinary encounters, that of psychoanalysis and law. While psychoanalytic interpretations of law are by no means a novelty within common law jurisprudence, the extent and possibilities of the terrain opened up by psychoanalysis have yet to be extensively addressed. The intentional subject and "reasonable man" of law are disassembled in psychoanalysis to reveal a chaotic and irrational libidinal subject, a sexual being, a body and its drives. The focus of the present collection of essays is upon desire as an inner law, upon love as an interior idiom of legality, and represents a signficant and at times surprising development of the psychoanalytic analysis of legality.
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Law and the Postmodern Mind : Essays on Psychoanalysis and Jurisprudence
Peter Goodrich and David G. Carlson
David Gray Carlson and Peter Goodrich argue that the postmodern legal mind can be characterized as having shifted the focus of legal analysis away from the modernist understanding of law as a system that is unitary and separate from other aspects of culture and society. In exploring the various "other dimensions" of law, scholars have developed alternative species of legal analysis and recognized the existence of different forms of law. Carlson and Goodrich assert that the postmodern legal mind introduced a series of "minor jurisprudences" or partial forms of legal knowledge, which both compete with and subvert the modernist conception of a unitary system of law. In doing so scholars from a variety of disciplines pursue the implications of applying the insights of their disciplines to law. Carlson and Goodrich have assembled in this volume essays from some of our leading thinkers that address what is arguably one of the most fundamental of interdisciplinary encounters, that of psychoanalysis and law. While psychoanalytic interpretations of law are by no means a novelty within common law jurisprudence, the extent and possibilities of the terrain opened up by psychoanalysis have yet to be extensively addressed. The intentional subject and "reasonable man" of law are disassembled in psychoanalysis to reveal a chaotic and irrational libidinal subject, a sexual being, a body and its drives. The focus of the present collection of essays is upon desire as an inner law, upon love as an interior idiom of legality, and represents a signficant and at times surprising development of the psychoanalytic analysis of legality.
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Habermas on Law and Democracy : Critical Exchanges
Michel Rosenfeld and Andrew Arato
In the first essay, Habermas himself succinctly presents the centerpiece of his theory: his proceduralist paradigm of law. The following essays comprise elaborations, criticisms, and further explorations by others of the most salient issues addressed in his theory. The distinguished group of contributors―internationally prominent scholars in the fields of law, philosophy, and social theory―includes many who have been closely identified with Habermas as well as some of his best-known critics. The final essay is a thorough and lengthy reply by Habermas, which not only engages the most important arguments raised in the preceding essays but also further elaborates and refines some of his own key contributions in Between Facts and Norms. This volume will be essential reading for philosophers, legal scholars, and political and social theorists concerned with understanding the work of one of the leading philosophers of our age. These provocative, in-depth debates between Jürgen Habermas and a wide range of his critics relate to the philosopher's contribution to legal and democratic theory in his recently published Between Facts and Norms. Drawing upon his discourse theory, Habermas has elaborated a novel and powerful account of law that purports to bridge the gap between democracy and rights, by conceiving law to be at once self-imposed and binding.
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Law and the Unconscious : a Legendre Reader
Peter Goodrich, Alain Pottage (trans.), and Anton Schütz (trans.)
Law and the Unconscious is the first work of the French legal philosopher Pierre Legendre to appear in English. Trained as a lawyer, a historian and a psychoanalyst, the work of Pierre Legendre has consistently confronted law with the teaching and methods of psychoanalysis. The present collection of essays addresses a fascinating and diverse set of themes including the doctrinal regulation of tears, dance and law, the desire for the absolute, the war of texts, and the power of images.
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Politics, Postmodernity, and Critical Legal Studies : the Legality of the Contingent
Costas Douzinas, Peter Goodrich, and Yifat Hachamovitch
This timely and assured book provides a unique guide to critical legal studies which is one of the most exciting developments within contemporary jurisprudence. It is the first book to systematically apply a critical philosophy to the substance of common law. The book develops a coruscating and interdisciplinary overview of the politics and cultural significance of the institutions of the law.
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Constitutionalism, Identity, Difference, and Legitimacy : Theoretical Perspectives
Michel Rosenfeld
Interest in constitutionalism and in the relationship among constitutions, national identity, and ethnic, religious, and cultural diversity has soared since the collapse of socialist regimes in Eastern Europe and the former Soviet Union. Since World War II there has also been a proliferation of new constitutions that differ in several essential respects from the American constitution. These two developments raise many important questions concerning the nature and scope of constitutionalism. The essays in this volume—written by an international group of prominent legal scholars, philosophers, political scientists, and social theorists—investigate the theoretical implications of recent constitutional developments and bring useful new perspectives to bear on some of the longest enduring questions confronting constitutionalism and constitutional theory. Sharing a common focus on the interplay between constitutional identity and individual or group diversity, these essays offer challenging new insights on subjects ranging from universal constitutional norms and whether constitutional norms can be successfully transplanted between cultures to a consideration of whether constitutionalism affords the means to reconcile a diverse society’s quest for identity with its need to properly account for its differences; from the relation between constitution-making and revolution to that between collective interests and constitutional liberty and equality. This collection’s broad scope and nontechnical style will engage scholars from the fields of political theory, social theory, international studies, and law.
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Deconstruction and the Possibility of Justice
Drucilla Cornell, Michel Rosenfeld, and David G. Carlson
To many, the very title of this book, Deconstruction and the Possibility of Justice, would seem to be an oxymoron. At least by its critics, deconstruction has been associated with cynicism toward the very idea of justice. Justice, so the story goes, demands reconstruction, not deconstruction. Yet even its critics recognize that deconstruction is, in some way, aligned with the marginalized. Within literary studies we hear the same cry: deconstruction has brought in its wake the clamor for the recognition of many voices outside the traditional canon. While bringing the margin to the center is undoubtedly a result of deconstruction in political philosophy and literary criticism, deconstruction faces, and acknowledges that it faces a philosophical challenge of its own. What should be' demands an appeal to some criteria of justice. Jacques Derrida's more liberal critics have focused on just this problem. They have insisted that even if one can appreciate deconstruction's alliance with the underdog, deconstruction cannot provide an ethical basis for this alliance, let alone argue the necessity of such an alliance. The purpose of this volume is to rethink the questions posed by Derrida's writings and his unique philosophical positioning, without reference to the catch phrases that have supposedly captured deconstruction in a nutshell.
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Hegel and Legal Theory
Drucilla Cornell, Michel Rosenfeld, and David G. Carlson
The first collection of essays directed towards jurisprudence with a Hegelian theme. The editors are committed to the idea that Hegel is the future source of great energy and insight within the legal academy.
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Jewish Bioethics
Fred Rosner and J. David Bleich
How do you define the precise moment of death? Should "pulling the plug" and mercy killings be allowed by law? Is it necessary to control the birth of "test tube babies"? Should abortions be legal and freely available? What are the social implications of sex-change operations? Should research on cloning and genetic engineering be allowed and encouraged? Should doctors be permitted to perform medical experiments on human subjects? For Jews, questions of this nature can only be answered within the framework of Halakhah (Jewish Law), and the great strides made in recent years by the life-sciences have opened up a host of such medical/halakhic problems. For while it has no quarrel with science itself, Judaism does demand that, like all human activities, science subordinate itself to higher ethical and legal imperatives. So scholars must first attempt to identify and formulate the eth-ical issues involved, even before they can make judgments and suggest answers. In Jewish Bioethics, Fred Rosner, and Rabbi J. David Bleich have brought together the out-standing medical and rabbinic experts in the field to explore and discuss some of these most urgent and fascinating questions. Not only are many answers suggested, but also the halakhic decision making process is seen at work on matters of vital concern to our society and to every person in it.
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