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Class Actions: Five Principles To Promote Fairness and Efficiency
Jay Tidmarsh
In Class Actions : Five Principles To Promote Fairness and Efficiency, Jay Tidmarsh - - a professor of law at the Notre Dame Law School and former trial attorney in the Torts Branch of the U.S. Department of Justice - - presents a summation and critique of class -action law. As class actions continue to evolve in the United States and to spread around the world, it is critical for participants to understand what works and what doesn't work about group litigation, and for legislators and regulators to implement principles to encourage fairness and efficiency for all concerned. In this book, Tidmarsh describes five such principles, which provide a roadmap for improved class -action processes.
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The Law of Electronic Surveillance
Patricia L. Bellia and James G. Carr
The Law of Electronic Surveillance provides objective analysis of issues related to the government's gathering of evidence through electronic devices. Providing more than 2,500 case citations, it covers major developments and important cases. Key topics include: Challenging court-ordered wiretaps; Electronic search warrants; Foreign intelligence surveillance; Suppression of evidence obtained; Voice exemplars and other identification evidence; Electronic surveillance of a defendant s attorney; Legal uses that may be made of evidence obtained from electronic surveillance; Confronting and challenging electronic surveillance; Executing an electronic search; Criminal penalties and civil remedies for illegal electronic surveillance; Electronic surveillance types and legal developments prior to 1968; Title III.
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Challenges to Religious Liberty in the Twenty-First Century
Gerard V. Bradley
Scholars in law, theology and political theory exchange views on five specific challenges to religious liberty in the twenty-first century.
- The establishment clause and the ''problem of the church" / Steven D. Smith
- Dueling clios : Stevens and Scalia on the original meaning of the establishment clause / Gerard V. Bradley
- Coercian and religious exercises / Kent Greenawalt
- Religious freedom and (and in) institutions / Richard W. Garnett
- Free exercise, religious conscience, and the common good / Christopher Wolfe
- Conscience, religion, and the state / Christopher Tollefsen
- Globalization and the free exercise of religion worldwide / Jose Casanova
- The irony of a globalizing future : economics, technology, identity, and religious liberty / William Inboden
- A foreign policy of religious freedom : theoretical and evidentiary foundations / Daniel Philpott
- International religious freedom and moral responsibility / Thomas Farr
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Law, Person, and Community: Philosophical, Theological, and Comparative Perspectives on Canon Law
John J. Coughlin
Law, Person, and Community: Philosophical, Theological, and Comparative Perspectives on Canon Law takes up the fundamental question "What is law?" through a consideration of the interrelation of the concepts of law, person, and community. As with the concept of law described by secular legal theorists, canon law aims to set a societal order that harmonizes the interests of individuals and communities, secures peace, guarantees freedom, and establishes justice. At the same time, canon law rests upon a traditional understanding of the spiritual end of the human person and religious nature of community.
The comparison of one of the world's ancient systems of religious law with contemporary conceptions of law rooted in secular theory raises questions about the law's power to bind individuals and communities. Professor John J. Coughlin employs comparative methodology in an attempt to reveal the differing concepts of the human person reflected in both canon law and secular legal theory. Contrasting the contemporary positivistic view of law with the classical view reflected in canon law, Law, Person, and Community discusses the relationship between canon law, theology, and natural law. It also probes the interplay between the metaphysical and historical in the theory of law by an examination of canonical equity, papal authority, and the canon law of marriage. It juxtaposes the assumptions of canon law about church-state relations with those of the modern liberal state as exemplified by U.S. first amendment jurisprudence. No scholarly work has yet addressed this question of how the principles and substance of canon law, both past and present, relate to current issues in legal theory, such as the foundation of human rights and in particular the right of religious freedom for individuals and communities -
Introduction: The Many Paths to Neutrality
Richard W. Garnett
Book Chapter
Introduction: The Many Paths to Neutrality, in First Amendment Stories 1 (Richard W. Garnett and Andrew Koppelman eds., 2012)
First Amendment Stories goes behind the scenes of landmark, foundational cases involving the fundamental freedoms of speech, religion, and the press. By filling in the details, setting the stage, and presenting fully the context, the text provides readers with a richer understanding of these cases, the people involved in them, and their implications for the future. Considered together, these stories highlight the leading themes and questions that have animated our legal doctrines, and our public conversations, about the conflicts that arise between the power and goals of government, on the one hand, and the liberty and conscience of the individual, on the other. This Stories title will enrich First Amendment courses and help students appreciate the premises that animate the cases and the values that are at stake in religious-liberty and free-speech controversies, rarely captured fully by doctrinal presentations
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Legal Responses to Religious Practices in the United States
Richard W. Garnett
Book Chapter
Richard W. Garnett, Religious Freedom and the Nondiscrimination Norm, in Legal Responses to Religious Practices in the United States 194 (Austin Sarat ed., 2012)
“Discrimination,” we believe, is wrong. And, because “discrimination” is wrong, we believe that governments like ours – secular, liberal, constitutional governments – may, and should, take regulatory and other steps to prevent, discourage, and denounce it. However, it is not true that “discrimination” is always or necessarily wrong. Nor is it the case that governments always or necessarily should or may regulate or discourage it even when it is. Some wrongs are beyond the authorized reach of government policy; some are too difficult or costly to identify, let alone regulate; others are none of the government’s business.
When we say that “discrimination” is wrong, what we actually mean is that wrongful discrimination is wrong, and when we affirm that governments should oppose it we mean that governments should oppose it when it makes sense, all things considered, and when it is within their constitutionally and morally limited powers to do so. To label a decision or action “discrimination” is simply to note that one factor or another was or will be taken into account in the course of a decision; it is to invite, but not at all to answer, the questions whether that decision or action was or would be wrong, and whether the public authority may or should forbid or discourage it.
The important enterprise of respecting and protecting religious freedom in and through law is closely related, in several ways, to the also-important enterprise of deploying public power to identify, regulate, and discourage wrongful discrimination. It is suggested in this chapter the rhetorical, moral, and legal power of the antidiscrimination norm can sometimes distort or distract our thinking about how we do and should protect religious freedom through law. This is because the near-universal, if sometimes unreflective, conviction that “discrimination” is wrong means that assertions of religious freedom are sometimes heard as requests that the political authorities tolerate a wrong – i.e., “discrimination” – which they would otherwise prohibit, penalize, or discourage. Such requests then raise the question whether it is “worth it” for the authorities to do so – that is, whether doing so would complicate too much the government’s own projects or conflict too glaringly with its values – and so, when they are granted, accommodations are regarded all around as concessions. Sometimes, to be sure, we do and probably should think about legal rights as protecting, or simply tolerating, a liberty to do even the wrong thing (so long as the wrong thing is not too wrong). We should not forget, though, that a dimension of the freedom of religion is, sometimes, precisely the freedom to “discriminate,” and that this freedom should be protected not simply because such discrimination is an all-things-considered tolerable wrong – sometimes it is, sometimes it isn’t – but because it is inextricably tied to a human right and is, sometimes, beyond political authorities’ legitimate reach.
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First Amendment Stories
Richard W. Garnett and Andrew Koppelman
First Amendment Stories goes behind the scenes of landmark, foundational cases involving the fundamental freedoms of speech, religion, and the press. By filling in the details, setting the stage, and presenting fully the context, the text provides readers with a richer understanding of these cases, the people involved in them, and their implications for the future. Considered together, these stories highlight the leading themes and questions that have animated our legal doctrines, and our public conversations, about the conflicts that arise between the power and goals of government, on the one hand, and the liberty and conscience of the individual, on the other.
Introduction. The many paths to neutrality / Richard W. Garnett and Andrew Koppelman
The story of the Sedition act of 1798: "the reign of witches" / Geoffrey R. Stone
Schism, plague, and last rites in the French Quarter: the strange story behind the Supreme Court's first free exercise case / Michael W. McConnell
The story of Masses Publishing Co. v. Patten: Judge Learned Hand, First Amendment prophet / James Weinstein
The story of West Virginia State Board of Education v. Barnette: the Pledge of Allegiance and the freedom of thought / Vincent Blasi and Seana V. Shiffrin
The Story of Burstyn v. Wilson / Gerard V. Bradley
"Things that are not Caesar's": the story of Kedroff v. St. Nicholas Cathedral / Richard W. Garnett
The story of the school prayer decisions: civil religion under assault / Thomas C. Berg
The story of New York Times Co. v. Sullivan / Mary-Rose Papandrea
The story of Pickering v. Bd. of Education : unconstitutional conditions and public employment / Paul M. Secunda
The story of Welsh v. United States: Elliott Welsh's two religious tests / Andrew Koppelman
Red Lion Broadcasting Co. v. FCC: a different perspective on the First Amendment cathedral / Lillian R. BeVier
The nine lives of Buckley v. Valeo / Richard L. Hasen
The story of FCC v. Pacifica Foundation (and its second life) / Adam M. Samaha
The story of Tinker v. Des Moines to Morse v. Frederick: similar stories of different student speech with different results / Scott A. Moss
The stories in Lukumi: of sacrifice and rebirth / Kenneth L. Karst
Of football, "footnote one," and the counter-jurisdictional establishment clause: the story of Santa Fe Independent School District v. Doe / Paul Horwitz
The story of the Ten Commandments cases: Van Orden v. Perry and McCreary County v. ACLU / Jesse H. Choper
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Religious Liberty in Western and Islamic Law: Toward a World Legal Tradition
Kristine Kalanges
In Religious Liberty in Western and Islamic Law: Toward a World Legal Tradition, Kristine Kalanges argues that differences between Western and Islamic legal formulations of religious freedom are attributable, in substantial part, to variations in their respective religious and intellectual histories. Kalanges suggests that while divergence between the two bodies of law challenges the characterization of religious liberty as a universal human right, the "dilemma of religious freedom" - the difficult choice between the universality of religious liberty rights and peaceful co-existence of diverse legal cultures - may yet be transformed through the cultivation of a world legal tradition. This argument is advanced through comparative analysis of human rights instruments from the Western and Muslim worlds, with attention to the legal-political processes by which religious and philosophical ideas have been institutionalized.
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Law's Virtues: Fostering Autonomy and Solidarity in American Society
Cathleen Kaveny
Can the law promote moral values even in pluralistic societies such as the United States? Drawing upon important federal legislation such as the Americans with Disabilities Act, legal scholar and moral theologian Cathleen Kaveny argues that it can. In conversation with thinkers as diverse as Thomas Aquinas, Pope John Paul II, and Joseph Raz, she argues that the law rightly promotes the values of autonomy and solidarity. At the same time, she cautions that wise lawmakers will not enact mandates that are too far out of step with the lived moral values of the actual community.
According to Kaveny, the law is best understood as a moral teacher encouraging people to act virtuously, rather than a police officer requiring them to do so. In Law's Virtues Kaveny expertly applies this theoretical framework to the controversial moral-legal issues of abortion, genetics, and euthanasia. In addition, she proposes a moral analysis of the act of voting, in dialogue with the election guides issued by the US bishops. Moving beyond the culture wars, this bold and provocative volume proposes a vision of the relationship of law and morality that is realistic without being relativistic and optimistic without being utopian. -
The Constitutional Jurisprudence of the Federal Republic of Germany, 3rd ed.
Donald P. Kommers and Russell A. Miller
First published in 1989, The Constitutional Jurisprudence of the Federal Republic of Germany has become an invaluable resource for scholars and practitioners of comparative, international, and constitutional law, as well as of German and European politics. The third edition of this renowned English-language reference has now been fully updated and significantly expanded to incorporate both previously omitted topics and recent decisions of the German Federal Constitutional Court. As in previous editions, Donald P. Kommers and Russell A. Miller's discussions of key developments in German constitutional law are augmented by elegantly translated excerpts from more than one hundred German judicial decisions.
Compared to previous editions of The Constitutional Jurisprudence of the Federal Republic of Germany, this third edition more closely tracks Germany's Basic Law and, therefore, the systematic approach reflected in the most-respected German constitutional law commentaries. Entirely new chapters address the relationship between German law and European and international law; social and economic rights, including the property and occupational rights cases that have emerged from Reunification; jurisprudence related to issues of equality, particularly gender equality; and the tension between Germany's counterterrorism efforts and its constitutional guarantees of liberty. Kommers and Miller have also updated existing chapters to address recent decisions involving human rights, federalism, European integration, and religious liberty.
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Cohen's Handbook of Federal Indian Law
Nell Jessup Newton, Felix Cohen, and Robert Anderson
Cohen's Handbook of Federal Indian Law is an encyclopedic treatise written by experts in the field, and provides general overviews to relevant information as well as in-depth study of specific areas within this complex area of federal law. This is an updated and revised edition of what has been referred to as the "bible" of federal Indian law. This publication focuses on the relationship between tribes, the states and the federal government within the context of civil and criminal jurisdiction, as well as areas of resource management and government structure. The 2012 edition of Cohen's Handbook of Federal Indian Law also includes coverage of:
• Current topics such as Indian gaming and taxation
• History and structure of tribal governments and tribal law
• Tribal and individual Indian property rights, including intellectual property rights
• Water rights
• Hunting, fishing, and gathering rights
• Economic development issues
• Government programs -
International Dispute Resolution: Cases and Materials, 2d ed.
Mary Ellen O'Connell
Twenty-first century lawyers practice law in a global village. They represent clients in negotiations for oil concession leases. They attend international treaty negotiations on behalf of sovereign states and environmental NGOs. They act as mediators in international child custody disputes and arbitrators for title to artworks displaced in war. They search the world for the right forum to bring claims for human rights violations, piracy prosecutions, and intellectual property protection. The successful 21st century lawyer is prepared to practice international dispute resolution, and this book is designed to assist in that preparation. It is a comprehensive treatment of the full range of dispute resolution processes, including negotiation, mediation, inquiry, conciliation, arbitration, and adjudication.
The second edition updates and expands the first edition. It includes additional materials on international commercial arbitration as well as recent decisions of the United States Supreme Court, the International Court of Justice and the International Centre for the Settlement of Investment Disputes. New problems have been added and reading lists have been revised. Despite the new additions, the book remains highly teachable in a two or three credit-hour format.
The law book market has many titles on arbitration and transnational litigation. This is the only casebook, however, that introduces students to all of dispute resolution mechanisms available internationally. Lawyers today need this information as much as they need the standard first year required course on civil procedure. -
Civil Procedure
Jay Tidmarsh, Thomas D. Rowe Jr., and Suzanna Sherry
This 750 page book is structured so it can be taught quickly but at a high level. The tightly edited cases capture students’ interest while teaching the material well. Notes are short but intellectually challenging. The book has enough materials to cover topics basically or in depth. The casebook introduces students to the themes running through civil procedure: efficiency and fairness, advantages and disadvantages of the adversarial system, real-life litigation strategies, and issues of federalism and separation of powers. The teacher's manual suggests strategies for teaching the materials and different approaches for credit allocations and teacher preferences.
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Civil Procedure, 3rd ed.
Jay Tidmarsh, Thomas D. Rowe, and Suzanna Sherry
This 750 page book is structured so it can be taught quickly but at a high level. The tightly edited cases capture students’ interest while teaching the material well. Notes are short but intellectually challenging. The book has enough materials to cover topics basically or in depth. The casebook introduces students to the themes running through civil procedure: efficiency and fairness, advantages and disadvantages of the adversarial system, real-life litigation strategies, and issues of federalism and separation of powers. The teacher's manual suggests strategies for teaching the materials and different approaches for credit allocations and teacher preferences.
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International Women's Rights, Equality, and Justice: A Context and Practice
Christine Venter
International Women’s Rights, Equality and Justice explores the history and development of women’s rights in the context of international human rights law. From the 1848 Seneca Declaration to the 1979 Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW) to the present day, women’s struggles for rights, freedom from discrimination, and equality are canvassed.
The book details gender based claims brought in domestic courts, as well as those brought in regional or international fora, and explores the various remedies available, depending on where a claim is adjudicated. The text also canvasses the important contributions of NGOs, and challenges students to think about tactical, strategic, contextual and pragmatic choices that lawyers are called on to make when representing clients. Along with excerpts of cases and briefs, the text includes samples of complaint forms and instructions. -
Cyberlaw: Problems of Policy and Jurisprudence in the Information Age. 4th ed.
Patricia L. Bellia, Paul Schiff Berman, Brett Frischmann, and David Post
This law school casebook starts from the premise that cyberlaw is not simply a set of legal rules governing online interaction, but a lens through which to re-examine general problems of policy, jurisprudence, and culture. The book goes beyond simply plugging Internet-related cases into a series of doctrinal categories, instead emphasizing conceptual issues that extend across the spectrum of cyberspace legal dilemmas. While the book addresses all of the “traditional” subject matter areas of cyberlaw, it asks readers to consider both how traditional legal doctrines can be applied to cyberspace conduct, and how the special problems encountered in the course of that application can teach us something about those traditional legal doctrines.
The fourth edition, which includes contributions of new co-author Brett Frischmann, has been reorganized to clarify the themes of the book and updated to illuminate new debates at the heart of this evolving field. This edition groups the material into units addressing the who, how, and what of governance/regulation—fundamental questions that pertain to any legal system, in cyberspace or elsewhere. The fourth edition includes unit-ending case studies on governance of the domain name system, efforts to control the exchange of counterfeit goods in the online marketplace, and the Google Books Settlement, as well as updated treatment of a number of topics, including peer-to-peer file sharing, online behavioral advertising, regulation of sexually explicit speech, and ownership of user-generated content.
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Canon Law: A Comparative Study with Anglo-American Legal Theory
John J. Coughlin
Canon Law: A Comparative Study with Anglo-American Legal Theory, by the Reverend John J. Coughlin, explores the canon law of the Roman Catholic Church from a comparative perspective. The Introduction to the book presents historical examples of antinomian and legalistic approaches to canon law (antinomianism diminishes or denies the importance of canon law, while legalism overestimates the function of canon law in the life of the Catholic Church). The Introduction discusses these approaches as threats to the rule of law in the Church, and describes the concept of the rule of law in the thought of various Anglo-American legal theorists. Chapter One offers an overview of canon law as the "home system" in this comparative study. The remaining chapters consider antinomian and legalistic approaches to the rule of law in light of three specific issues: the sexual abuse crisis, ownership of church property, and the denial of Holy Communion to Catholic public officials. Chapters Two and Three discuss the failure of the rule of law as a result of antinomian and legalistic approaches to the sexual abuse crisis. Chapters Four and Five compare the concept of property in canon law with that of liberal political theory; they discuss the ownership of parish property in light of diocesan bankruptcies, the relationship between church property and the law of the secular state, and the secularization of Catholic institutions and their property. Chapters Six and Seven raise the indeterminacy claim with regards to canon law and the arguments for and against the denial of Holy Communion to Catholic public officials. Although the three issues arise in the context of the United States, they raise broader theoretical issues about antinomianism, legalism, and the rule of law. Throughout the comparative study, American legal theory functions to clarify these broader issues in canon law. The concluding chapter offers a synthesis of this comparative study.
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Collected Essays, v. III: Human Rights & Common Good
John M. Finnis
For over forty years John Finnis has pioneered the development of a new classical theory of natural law, a systematic philosophical explanation of human life that offers an integrated account of personal identity, practical reason, morality, political community, and law. The core of Finnis' theory, articulated in his seminal work Natural Law and Natural Rights, has profoundly influenced later work in the philosophy of law and practical reason, while his contributions to the ethical debates surrounding nuclear deterrence, abortion, and sexual morality have been a powerful, and controversial exposition of the practical implications of his theory of natural law.
The Collected Essays of John Finnis brings together 122 papers. Thematically arranged, the five volumes provide ready access to his contributions across central areas of modern practical philosophy - the philosophy of practical reason; the philosophy of personal identity and intention; political philosophy; the philosophy of law; and the philosophy of revelation and the role of religion in public life. Fully cross-referenced, cross-indexed, and introduced by the author, the Collected Essays reveal the connections and coherence of the different branches of Finnis' work, showing the full picture of his philosophical contribution for the first time.
Covering topics from the nature of divine revelation, the morality of abortion, to the adoption of Bills of Rights, the work in these volumes offer a unique insight into the intellectual currents and political debates that have transformed major areas of public morality and law over the last half century. Together with the new edition of Natural Law and Natural Rights, they will be an essential resource for all those engaged with the philosophy of law and broader questions in practical philosophy. -
Collected Essays, v. II: Intention & Identity
John M. Finnis
For over forty years John Finnis has pioneered the development of a new classical theory of natural law, a systematic philosophical explanation of human life that offers an integrated account of personal identity, practical reason, morality, political community, and law. The core of Finnis' theory, articulated in his seminal work Natural Law and Natural Rights, has profoundly influenced later work in the philosophy of law and practical reason, while his contributions to the ethical debates surrounding nuclear deterrence, abortion, and sexual morality have been a powerful, and controversial exposition of the practical implications of his theory of natural law.
The Collected Essays of John Finnis brings together 122 papers. Thematically arranged, the five volumes provide ready access to his contributions across central areas of modern practical philosophy - the philosophy of practical reason; the philosophy of personal identity and intention; political philosophy; the philosophy of law; and the philosophy of revelation and the role of religion in public life. Fully cross-referenced, cross-indexed, and introduced by the author, the Collected Essays reveal the connections and coherence of the different branches of Finnis' work, showing the full picture of his philosophical contribution for the first time.
Covering topics from the nature of divine revelation, the morality of abortion, to the adoption of Bills of Rights, the work in these volumes offer a unique insight into the intellectual currents and political debates that have transformed major areas of public morality and law over the last half century. Together with the new edition of Natural Law and Natural Rights, they will be an essential resource for all those engaged with the philosophy of law and broader questions in practical philosophy. -
Collected Essays, v. I: Reason in Action
John M. Finnis
For over forty years John Finnis has pioneered the development of a new classical theory of natural law, a systematic philosophical explanation of human life that offers an integrated account of personal identity, practical reason, morality, political community, and law. The core of Finnis' theory, articulated in his seminal work Natural Law and Natural Rights, has profoundly influenced later work in the philosophy of law and practical reason, while his contributions to the ethical debates surrounding nuclear deterrence, abortion, and sexual morality have been a powerful, and controversial exposition of the practical implications of his theory of natural law.
The Collected Essays of John Finnis brings together 122 papers. Thematically arranged, the five volumes provide ready access to his contributions across central areas of modern practical philosophy - the philosophy of practical reason; the philosophy of personal identity and intention; political philosophy; the philosophy of law; and the philosophy of revelation and the role of religion in public life. Fully cross-referenced, cross-indexed, and introduced by the author, the Collected Essays reveal the connections and coherence of the different branches of Finnis' work, showing the full picture of his philosophical contribution for the first time.
Covering topics from the nature of divine revelation, the morality of abortion, to the adoption of Bills of Rights, the work in these volumes offer a unique insight into the intellectual currents and political debates that have transformed major areas of public morality and law over the last half century. Together with the new edition of Natural Law and Natural Rights, they will be an essential resource for all those engaged with the philosophy of law and broader questions in practical philosophy. -
Collected Essays, v. IV: Philosophy of Law
John M. Finnis
For over forty years John Finnis has pioneered the development of a new classical theory of natural law, a systematic philosophical explanation of human life that offers an integrated account of personal identity, practical reason, morality, political community, and law. The core of Finnis' theory, articulated in his seminal work Natural Law and Natural Rights, has profoundly influenced later work in the philosophy of law and practical reason, while his contributions to the ethical debates surrounding nuclear deterrence, abortion, and sexual morality have been a powerful, and controversial exposition of the practical implications of his theory of natural law.
The Collected Essays of John Finnis brings together 122 papers. Thematically arranged, the five volumes provide ready access to his contributions across central areas of modern practical philosophy - the philosophy of practical reason; the philosophy of personal identity and intention; political philosophy; the philosophy of law; and the philosophy of revelation and the role of religion in public life. Fully cross-referenced, cross-indexed, and introduced by the author, the Collected Essays reveal the connections and coherence of the different branches of Finnis' work, showing the full picture of his philosophical contribution for the first time.
Covering topics from the nature of divine revelation, the morality of abortion, to the adoption of Bills of Rights, the work in these volumes offer a unique insight into the intellectual currents and political debates that have transformed major areas of public morality and law over the last half century. Together with the new edition of Natural Law and Natural Rights, they will be an essential resource for all those engaged with the philosophy of law and broader questions in practical philosophy. -
Collected Essays, v. V: Religion & Public Reasons
John M. Finnis
For over forty years John Finnis has pioneered the development of a new classical theory of natural law, a systematic philosophical explanation of human life that offers an integrated account of personal identity, practical reason, morality, political community, and law. The core of Finnis' theory, articulated in his seminal work Natural Law and Natural Rights, has profoundly influenced later work in the philosophy of law and practical reason, while his contributions to the ethical debates surrounding nuclear deterrence, abortion, and sexual morality have been a powerful, and controversial exposition of the practical implications of his theory of natural law.
The Collected Essays of John Finnis brings together 122 papers. Thematically arranged, the five volumes provide ready access to his contributions across central areas of modern practical philosophy - the philosophy of practical reason; the philosophy of personal identity and intention; political philosophy; the philosophy of law; and the philosophy of revelation and the role of religion in public life. Fully cross-referenced, cross-indexed, and introduced by the author, the Collected Essays reveal the connections and coherence of the different branches of Finnis' work, showing the full picture of his philosophical contribution for the first time.
Covering topics from the nature of divine revelation, the morality of abortion, to the adoption of Bills of Rights, the work in these volumes offer a unique insight into the intellectual currents and political debates that have transformed major areas of public morality and law over the last half century. Together with the new edition of Natural Law and Natural Rights, they will be an essential resource for all those engaged with the philosophy of law and broader questions in practical philosophy -
Natural Law and Natural Rights
John M. Finnis
First published in 1980, Natural Law and Natural Rights is widely heralded as a seminal contribution to the philosophy of law, and an authoritative restatement of natural law doctrine. It has offered generations of students and other readers a thorough grounding in the central issues of legal, moral, and political philosophy from Finnis's distinctive perspective. This new edition includes a substantial postscript by the author, in which he responds to thirty years of discussion, criticism and further work in the field to develop and refine the original theory. The book closely integrates the philosophy of law with ethics, social theory and political philosophy. The author develops a sustained and substantive argument; it is not a review of other people's arguments but makes frequent illustrative and critical reference to classical, modern, and contemporary writers in ethics, social and political theory, and jurisprudence. The preliminary First Part reviews a century of analytical jurisprudence to illustrate the dependence of every descriptive social science upon evaluations by the theorist. A fully critical basis for such evaluations is a theory of natural law. Standard contemporary objections to natural law theory are reviewed and shown to rest on serious misunderstandings. The Second Part develops in ten carefully structured chapters an account of: basic human goods and basic requirements of practical reasonableness, community and 'the common good'; justice; the logical structure of rights-talk; the bases of human rights, their specification and their limits; authority, and the formation of authoritative rules by non-authoritative persons and procedures; law, the Rule of Law, and the derivation of laws from the principles of practical reasonableness; the complex relation between legal and moral obligation; and the practical and theoretical problems created by unjust laws
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Principles of Counter-Terrorism Law
Jimmy Gurule and Geoffrey S. Corn
The book examines the Military Response, analyzing legal issues related to treating terrorism as an armed conflict. These include the legal authority to use military force; determining when the law of armed conflict comes into force; the law of targeting and how this authority is applied to terrorist operatives; preventive detention; and prosecution of terrorists by military commission. The book also analyzes the Law Enforcement Response to international terrorism, including the legal framework for gathering counter-terrorism intelligence information, prosecuting terrorists and their sponsors, and freezing terrorist assets, domestically and internationally. Finally, the book examines the federal statutes authorizing civil liability for personal injury or death caused by acts of international terrorism.
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