Justice In Robes

How should a judge's moral convictions bear on his judgments about what the law is? Lawyers, sociologists, philosophers, politicians, and judges all have answers to that question: these range from ÒnothingÓ to Òeverything.Ó In Justice in Robes, Ronald Dworkin argues that the question is much more complex than it has often been taken to be and charts a variety of dimensionsÑsemantic, jurisprudential, and doctrinalÑin which law and morals are undoubtedly interwoven. He restates and summarizes his own widely discussed account of these connections, which emphasizes the sovereign importance of moral principle in legal and constitutional interpretation, and then reviews and criticizes the most influential rival theories to his own. He argues that pragmatism is empty as a theory of law, that value pluralism misunderstands the nature of moral concepts, that constitutional originalism reflects an impoverished view of the role of a constitution in a democratic society, and that contemporary legal positivism is based on a mistaken semantic theory and an erroneous account of the nature of authority. In the course of that critical study he discusses the work of many of the most influential lawyers and philosophers of the era, including Isaiah Berlin, Richard Posner, Cass Sunstein, Antonin Scalia, and Joseph Raz. Dworkin's new collection of essays and original chapters is a model of lucid, logical, and impassioned reasoning that will advance the crucially important debate about the roles of justice in law.

In an article entitled Dworkin's Fallacy, Or What the Philosophy of Language Can't Teach Us about the Law, I argued that in Law's Empire Ronald Dworkin misderived his interpretive theory of law from an implicit interpretive theory of meaning, thereby committing Dworkin's fallacy. In his recent book, Justice in Robes, Dworkin denies that he committed the fallacy. As evidence he points to the fact that he considered three theories of law conventionalism, pragmatism and law as integrity in Law's Empire. Only the last of these is interpretive, but each, he argues, is compatible with his interpretive theory of meaning, which he describes as the view that the doctrinal concept of law is an interpretive concept. In this Reply, I argue that Dworkin's argument that he does not commit Dworkin's fallacy is itself an example of the fallacy and that Dworkin's fallacy pervades Justice in Robes just as much as it did Law's Empire.

In quot;Dworkin's Fallacy, Or What the Philosophy of Language Can't Teach Us About the Law,quot; I described a common fallacy among philosophers of law, in which jurisprudential conclusions are misderived from semantic premises, and argued that the fallacy can be found in Ronald Dworkin's classic book, quot;Law's Empire.quot; Dworkin responds to my essay in his most recent book, quot;Justice in Robes,quot; where he claims that, rather than committing Dworkin's fallacy in quot;Law's Empire,quot; he quot;took pains to warn against it.quot;This paper is a reply to Dworkin. I argue that his response to my essay, far from showing that he did not commit Dworkin's fallacy, is itself an example of the fallacy. But this paper is also a critique of Dworkin's larger argument in quot;Justice in Robes,quot; for I claim that Dworkin's fallacy pervades his most recent book just as much as it did in quot;Law's Empire.quot; Dworkin repeatedly treats theories of law - both his own and his adversaries' - as if they were, or were entailed by, semantic positions. Because he succumbs to Dworkin's fallacy, his descriptions of his own views on semantic issues are unreliable, and I spend much of the paper teasing out what I believe is Dworkin's latent semantic theory.

Routledge Q&As give you the tools to practice and refine your exam technique, showing you how to apply your knowledge to maximum effect in an exam situation. Each book contains up to fifty essay and problem-based questions on the most commonly examined topics, complete with expert guidance and fully worked model answers. These new editions for 2013-2014 will provide you with the skills you need for your exams by: Helping you to be prepared: each title in the series has an introduction presenting carefully tailored advice on how to approach assessment for your subject Showing you what examiners are looking for: each question is annotated with both a short overview on how to approach your answer, as well as footnoted commentary that demonstrate how model answers meet marking criteria Offering pointers on how to gain marks, as well as what common errors could lose them: ‘Aim Higher’ and ‘Common Pitfalls’ offer crucial guidance throughout Helping you to understand and remember the law: diagrams for each answer work to illuminate difficult legal principles and provide overviews of how model answers are structured Books in the series are also supported by a Companion Website that offers online essay-writing tutorials, podcasts, bonus Q&As and multiple-choice questions to help you focus your revision more effectively.

The author, a New York State Supreme Court Justice and a black man, argues that our legal system is fundamentally unfair towards African Americans--and documents his assertion with many cases drawn from his long experience as a lawyer and judge. A timely and relevant subject in the aftermath of the Rodney King trials and the LA riots.

Understood one way, the branch of contemporary philosophical ethics that goes by the label "metaethics" concerns certain second-order questions about ethics-questions not in ethics, but rather ones about our thought and talk about ethics, and how the ethical facts (insofar as there are any) fit into reality. Analogously, the branch of contemporary philosophy of law that is often called "general jurisprudence" deals with certain second order questions about law- questions not in the law, but rather ones about our thought and talk about the law, and how legal facts (insofar as there are any) fit into reality. Put more roughly (and using an alternative spatial metaphor), metaethics concerns a range of foundational questions about ethics, whereas general jurisprudence concerns analogous questions about law. As these characterizations suggest, the two sub-disciplines have much in common, and could be thought to run parallel to each other. Yet, the connections between the two are currently mostly ignored by philosophers, or at least under-scrutinized. The new essays collected in this book are aimed at changing this state of affairs. Dimensions of Normativity collects together works by metaethicists and legal philosophers that address a number of issues that are of common interest, with the goal of accomplishing a new rapprochement between the two sub-disciplines.

Constitutional law has been and remains an area of intense philosophical interest, and yet the debate has taken place in a variety of different fields with very little to connect them. In a collection of essays bringing together scholars from several constitutional systems and disciplines, Philosophical Foundations of Constitutional Law unites the debate in a study of the philosophical issues at the very foundations of the idea of a constitution: why one might be necessary; what problems it must address; what problems constitutions usually address; and some of the issues raised by the administration of a constitutional regime. Although these issues of institutional design are of abiding importance, many of them have taken on new significance in the last few years as law-makers have been forced to return to first principles in order to justify novel practices and arrangements in their constitutional orders. Thus, questions of constitutional 'revolutions', challenges to the demands of the rule of law, and the separation of powers have taken on new and pressing importance. The essays in this volume address these questions, filling the gap in the philosophical analysis of constitutional law. The volume will provoke specialists in philosophy, politics, and law to develop new philosophically grounded analyses of constitutional law, and will be a valuable resource for graduate students in law, politics, and philosophy.

For years, Vine’s Expository Dictionary has been the standard word study tool for pastors and laypeople, selling millions of copies. But sixty-plus years of scholarship have shed extensive new light on the use of biblical Greek and Hebrew, creating the need for a new, more accurate, more thorough dictionary of Bible words. William Mounce, whose Greek grammar has been used by more than 100,000 college and seminary students, is the editor of this new dictionary, which will become the layperson’s gold standard for biblical word studies. Mounce’s is ideal for the reader with limited or no knowledge of Greek or Hebrew who wants greater insight into the meanings of biblical words to enhance Bible study. It is also the perfect reference for busy pastors needing to quickly get at the heart of a word’s meaning without wading through more technical studies. What makes Mounce’s superior to Vine’s? The most accurate, in-depth definitions based on the best of modern evangelical scholarship Both Greek and Hebrew words are found under each English entry (Vine’s separates them) Employs both Strong’s and G/K numbering systems (Vine’s only uses Strong’s) Mounce’s accuracy is endorsed by leading scholars

In 1993 Ruth Bader Ginsburg became the second female justice to serve on the United States Supreme Court. This honor for Ginsburg also marked a turning point for women in the field of law. Ginsburg had endured great adversity to achieve her Supreme Court appointment. As a Jewish woman coming of age in the 1950s, she dealt with not only anti-Semitism but also gender discrimination. And even though she graduated first in her class, she received no job offers. When she finally secured a position, Ginsburg quickly rose through the legal ranks, eventually becoming a Rutgers University professor and arguing women's rights cases for the American Civil Liberties Union. As a judge on the US Court of Appeals in the 1980s and early 1990s, she wrote more than three hundred opinions and earned a reputation as a consensus builder. Follow Ginsburg's journey to Supreme Court Justice, and learn how she advocated for treating people equally under the law until her death in 2020.

The thirty-five Supreme Court cases in the second edition provide a solid, accessible foundation for understanding civil liability law and its impact on policing operations and management. This convenient resource also includes a brief review of the basics of judicial reasoning and a short introduction on how to brief cases. These materials and the discussion questions at the end of each section help readers understand the process of legal inquiry and analysis and the changing nature of police civil liability law. An excellent complement to Kappelers text Critical Issues in Police Civil Liability, Fourth Edition!

A major American legal thinker, the late Ronald Dworkin also helped shape new dispensations in the Global South. In South Africa, in particular, his work has been fiercely debated in the context of one of the world’s most progressive constitutions. Despite Dworkin’s discomfort with that document’s enshrinement of “socioeconomic rights,” his work enables an important defense of a jurisprudence premised on justice, rather than on legitimacy. Beginning with a critical overview of Dworkin’s work culminating in his two principles of dignity, Cornell and Friedman turn to Kant and Hegel for an approach better able to ground the principles of dignity Dworkin advocates. Framed thus, Dworkin’s challenge to legal positivism enables a theory of constitutional revolution in which existing legal structures are transformatively revalued according to ethical mandates. By founding law on dignity, Dworkin begins to articulate an ethical jurisprudence responsive to the lived experience of injustice. This book, then, articulates a revolutionary constitutionalism crucial to the struggle for decolonization.

The Life Application Bible Commentary: Revelation provides personal help, teaching notes, and sermon ideas that will address needs, answer questions, and provide help for daily living. This Bible commentary provides explanation, background, and application for every verse in the book of Revelation.

Includes separately published extra sessions.