Friedmann, Natural Law Forum

    According to U.S. Supreme Court Justice Antonin Scalia, a judge like this can maneuver through earlier cases to achieve the desired aim--distinguishing one prior case on his left, straight-arming another one on his right, high-stepping away from another precedent about to tackle him from the rear, until (bravo!) he reaches the goal--good law. But is this common-law mindset, which is appropriate in its place, suitable also in statutory and constitutional interpretation? In a witty and trenchant essay, Justice Scalia answers this question with a resounding negative.In exploring the neglected art of statutory interpretation, Scalia urges that judges resist the temptation to use legislative intention and legislative history. In his view, it is incompatible with democratic government to allow the meaning of a statute to be determined by what the judges think the lawgivers meant rather than by what the legislature actually promulgated. Eschewing the judicial lawmaking that is the essence of common law, judges should interpret statutes and regulations by focusing on the text itself. Scalia then extends this principle to constitutional law. He proposes that we abandon the notion of an everchanging Constitution and pay attention to the Constitution's original meaning. Although not subscribing to the strict constructionism that would prevent applying the Constitution to modern circumstances, Scalia emphatically rejects the idea that judges can properly smuggle in new rights or deny old rights by using the Due Process Clause, for instance. In fact, such judicial discretion might lead to the destruction of the Bill of Rights if a majority of the judges ever wished to reach that most undesirable of goals.This essay is followed by four commentaries by Professors Gordon Wood, Laurence Tribe, Mary Ann Glendon, and Ronald Dworkin, who engage Justice Scalia's ideas about judicial interpretation from varying standpoints. In the spirit of debate, Justice Scalia responds to these critics.

    

    This book - Buddhism for beginners, tackles the most basic question on Buddhism: What is the essence of Buddhism? It explains the life of Buddha in detail and also highlights the methodology that you can deploy in order to become 'Buddha' in real life. You can treat this simple book as your manual for a mindful, aware, peaceful and satisfied life. The detailed chapter on meditation not only guides you through the manner in which you can meditate, it also answers some of the most important questions related to meditation. The five percepts of Buddhism are explained with examples in simple English that everybody can understand. There is also a detailed chapter on mindfulness and living the Buddhist lifestyle in real life. Remember, Buddhism is a way of life - it is the philosophy of life and this book is not intended to modify your existing religious beliefs in any manner. It simply supplements those beliefs so that you can develop mindfulness in all your actions in order to live a blissful life! A Preview to Buddhism for Beginners - What Is Buddhism? - Who Was The Buddha? - Buddhist Traditions - The Theravada School Of Thought - The Mahayana School Of Thought - The Vajrayana School Of Thought - The Three Treasures Or Jewels Of Buddhism - The Three Poisons Or Roots Of Evil In Buddhism - The Five Percepts Of Buddhism - The Ten Grand Percepts - The Foundation Of Buddhism - The Four Noble Truths - Living The Buddhist Philosophy: The Eightfold Path - A Day In The Life Of A Buddhist - Living In The Present - Mindfulness And Meditation - Having Faith - Meditating On Koans - Karma And Reincarnation Start Getting the Benefits of Buddhism for Beginners!! Grab this book today! You can read on your Kindle, PC, MAC, Smart Phone, or Tablet! For less than a cup of coffee you can buy a book that could change your life for the better..... Simply scroll up and click the BUY button to instantly download Buddhism for Beginners: Everything You Need to Know about Buddhism for Complete Beginners Tags: Buddhism, Buddhism for Beginners, Buddhism guide, Buddhism ultimate guide, learn Buddhism, modern Buddhism, Buddha, philosophy, essence of Buddhism, Buddhism for dummies, practice Buddhism, Buddhism plain and simple

    For the Amendment gives to the Federal Government first claim upon the earnings of the individual, and so infringes his natural right to own what he produces.With its graduated-tax provision, the Income Tax Amendment is a replica of that clause in the Communist Manifesto which provides for the confiscation of all property through the use of just such a tax.Not only is the individual citizen's liberty partitioned by the Amendment, but the several states are deprived of their Constitutional sovereignty, and the central Federal Government is overstrengthened at their expense. This growth of centralized power is a development which generations of Americans fought stubbornly to prevent.And the Federal Government, by the very nature of government itself, increases its "needs" in accordance with its means of revenue. Reduce Federal income, argues Frank Chodorov, and Federal "needs" will automatically be reduced.The author takes a forthright stand as he defines the immoral nature of income taxation and the fallacy of using to "level off" society. And finally he outlines what can be done to repeal the Income Tax Amendment, bearing in mind the Federal Government's legitimate need for revenue.

    Here, distinguished Italian philosopher Giorgio Agamben uses such circumstances to argue that this unusual extension of power, or "state of exception," has historically been an underexamined and powerful strategy that has the potential to transform democracies into totalitarian states.The sequel to Agamben's Homo Sacer: Sovereign Power and Bare Life, State of Exception is the first book to theorize the state of exception in historical and philosophical context. In Agamben's view, the majority of legal scholars and policymakers in Europe as well as the United States have wrongly rejected the necessity of such a theory, claiming instead that the state of exception is a pragmatic question. Agamben argues here that the state of exception, which was meant to be a provisional measure, became in the course of the twentieth century a normal paradigm of government. Writing nothing less than the history of the state of exception in its various national contexts throughout Western Europe and the United States, Agamben uses the work of Carl Schmitt as a foil for his reflections as well as that of Derrida, Benjamin, and Arendt.In this highly topical book, Agamben ultimately arrives at original ideas about the future of democracy and casts a new light on the hidden relationship that ties law to violence.

    An overview of law as a career: Is law the right career option for you? What are the biggest myths about being a lawyer? Which are the best law schools?2. CLAT and other law entrance tests like the AILET, SET and LSAT: Get a complete section-wise guide on the ideal strategy3. The law college life: How to navigate through the cultural change from school to college? How to go about moot courts, paper publications and seminars? How to excel in your career while enjoying your college? Also get to know all about the LL.M. abroad option4. Internships, CVs and jobs: How to plan and structure your internships in Law College? How to hunt for and secure the best internships? How to secure that elusive pre-placement offer (PPO) and prepare for job interviews? How to craft winning CVs and cover letters?5. Career options: An A to Z guide on 20 amazing career options in law through in-depth interviews with 45 top-notch legal professionals. This chapter contains detailed guide for a career in litigation, law firms, NGOs, LPOs, private and public companies, IPR Law, legal journalism, academia, entrepreneurship, mediation, cyber law, tax law, politics and more

    In this new edition of a groundbreaking work -- one of the first to bring critical theory into dialogue with more traditional approaches to international relations -- David Campbell provides a fundamental reappraisal of American foreign policy, with a new epilogue to address current world affairs and the burgeoning focus on culture and identity in the study of international relations.Extending recent debates in international relations, Campbell shows how perceptions of danger and difference work to establish the identity of the United States. He demonstrates how foreign policy, far from being an expression of a given society, constitutes state identity through the interpretation of danger posed by others.

    Focusing on the relationships among political leadership, the norms of the legal order, and the state of political emergency, Schmitt argues in Political Theology that legal order ultimately rests upon the decisions of the sovereign. According to Schmitt, only the sovereign can meet the needs of an "exceptional" time and transcend legal order so that order can then be reestablished. Convinced that the state is governed by the ever-present possibility of conflict, Schmitt theorizes that the state exists only to maintain its integrity in order to ensure order and stability. Suggesting that all concepts of modern political thought are secularized theological concepts, Schmitt concludes Political Theology with a critique of liberalism and its attempt to depoliticize political thought by avoiding fundamental political decisions.

    

    For constitutionalists, regulation of hate speech violates the First Amendment and damages a free society. Against this absolutist view, Jeremy Waldron argues powerfully that hate speech should be regulated as part of our commitment to human dignity and to inclusion and respect for members of vulnerable minorities.Causing offense--by depicting a religious leader as a terrorist in a newspaper cartoon, for example--is not the same as launching a libelous attack on a group's dignity, according to Waldron, and it lies outside the reach of law. But defamation of a minority group, through hate speech, undermines a public good that can and should be protected: the basic assurance of inclusion in society for all members. A social environment polluted by anti-gay leaflets, Nazi banners, and burning crosses sends an implicit message to the targets of such hatred: your security is uncertain and you can expect to face humiliation and discrimination when you leave your home.Free-speech advocates boast of despising what racists say but defending to the death their right to say it. Waldron finds this emphasis on intellectual resilience misguided and points instead to the threat hate speech poses to the lives, dignity, and reputations of minority members. Finding support for his view among philosophers of the Enlightenment, Waldron asks us to move beyond knee-jerk American exceptionalism in our debates over the serious consequences of hateful speech.

    This book uses contemporary analytical tools to provide basic accounts of values and principles, community and 'common good', justice and human rights, authority, law, the varieties of obligation, unjust law, and even the question of divine authority.

    Out of this upheaval came the Western idea of integrated legal systems consciously developed over generations and centuries.Harold J. Berman describes the main features of these systems of law, including the canon law of the church, the royal law of the major kingdoms, the urban law of the newly emerging cities, feudal law, manorial law, and mercantile law. In the coexistence and competition of these systems he finds an important source of the Western belief in the supremacy of law.Written simply and dramatically, carrying a wealth of detail for the scholar but also a fascinating story for the layman, the book grapples with wideranging questions of our heritage and our future. One of its main themes is the interaction between the Western belief in legal evolution and the periodic outbreak of apocalyptic revolutionary upheavals.Berman challenges conventional nationalist approaches to legal history, which have neglected the common foundations of all Western legal systems. He also questions conventional social theory, which has paid insufficient attention to the origin of modem Western legal systems and has therefore misjudged the nature of the crisis of the legal tradition in the twentieth century.

    However, in the seventeeth century and during the Enlightenment, it was considered a major defense of the rights of states and private persons to use their power to secure themselves and their property.Book I examines the question of whether any war is just and who may lawfully make war. The causes of war; the implications of contracts, oaths, and promises; and the moral strictures of punishments are the subjects of Book II. The third book discusses what is lawful in war, the various kinds of peace and agreements given, and the treatment and ransoming of prisoners.The Liberty Fund edition is based on the classic English text of 1738, with extensive commentary by Jean  Barbeyrac. It also includes the Prolegomena to the first edition, a document never before translated into English.Hugo Grotius is one of the most important thinkers in the early-modern period. A great humanistic polymath—lawyer and legal theorist, diplomat and political philosopher, ecumenical activist and theologian—his work was seminal for modern natural law and influenced the moral, political, legal, and theological thought of the Enlightenment, from Hobbes, Pufendorf, and Locke to Rousseau and Kant, as well as America’s Founding leaders.Richard Tuck is a Fellow of Jesus College, Cambridge, and Professor of Government at Harvard University.Knud Haakonssen is Professor of Intellectual History and Director of the Centre for Intellectual History at the University of Sussex, England.

    When it collapsed in February 2014, lawyers across Canada and the business community were stunned. What went wrong? Why did so many lawyers run for the exit? How did it implode? What is it that holds professional partnerships together?This is the story of the rise and fall of a great company by the ultimate insider, Norman Bacal, who served as managing partner until a year before the firm's demise. Breakdown takes readers into the boardroom offices during the heady growth of a legal empire built from the ground up over 40 years. We see how after a change of leadership tensions erupted between the Toronto and Montreal offices, and between the hard-driving lawyers themselves. It is a story about the extraordinary fragility of the legal partnership, but it's also a classic business story, a cautionary tale of the perils of ignoring a firm's culture and vision.Normal0falsefalsefalseEN-USJAX-NONE<!--StartFragment--><!--EndFragment--><!--EndFragment-->