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Unreasoned Verdict: The Jury is Out
by Louis Blom-CooperThe jury in its contemporary form begins effectively with its democratising by the Criminal Justice Act 1972. The first section of the book gives an historical analysis of jury trial from its early days of emergence. The historical background merely endorses the English culture in the criminal jurisdiction. There is little doubt that the jury system (English style) has the evident support of public opinion, although decreasing, as to the acceptable solution for the model form of administering criminal justice. However the unknown reception by the jury of the direction in law and the summing-up on the relevant facts for decision-making is often ineffective, if not actually ineffectual. Furthermore, unless and until we are possessed of information about the dialectic effect of the chemistry of judge and jury we are bereft of translating views about the generality of jury trial into the reality of what lies behind the monosyllabic utterance of the unreasoned verdict. The first part of the book explores these issues. In its second section, the book goes on to explain the essential features of the scope and nature of jury trial, which, unlike its counterpart in the United States, demands a properly structured summing-up of the evidence, with a direction to the jury to apply the relevant criminal law to the offence(s). A third section in the book then portrays the principles of criminal justice, as distinctively applicable to trial by judge and jury in harmony, if not in harness (as some European systems impose in mixed tribunals). The fourth section considers safeguards that are imposed or could usefully be injected into the proceedings of jury trial. The fifth and last section of the book discusses potentially viable reforms. It concludes with the assertion that, given the public demand for greater transparency and better accountability of the jury in action, it is necessary to reform an outdated mode of trial.
Unreasoned Verdict: The Jury is Out
by Louis Blom-CooperThe jury in its contemporary form begins effectively with its democratising by the Criminal Justice Act 1972. The first section of the book gives an historical analysis of jury trial from its early days of emergence. The historical background merely endorses the English culture in the criminal jurisdiction. There is little doubt that the jury system (English style) has the evident support of public opinion, although decreasing, as to the acceptable solution for the model form of administering criminal justice. However the unknown reception by the jury of the direction in law and the summing-up on the relevant facts for decision-making is often ineffective, if not actually ineffectual. Furthermore, unless and until we are possessed of information about the dialectic effect of the chemistry of judge and jury we are bereft of translating views about the generality of jury trial into the reality of what lies behind the monosyllabic utterance of the unreasoned verdict. The first part of the book explores these issues. In its second section, the book goes on to explain the essential features of the scope and nature of jury trial, which, unlike its counterpart in the United States, demands a properly structured summing-up of the evidence, with a direction to the jury to apply the relevant criminal law to the offence(s). A third section in the book then portrays the principles of criminal justice, as distinctively applicable to trial by judge and jury in harmony, if not in harness (as some European systems impose in mixed tribunals). The fourth section considers safeguards that are imposed or could usefully be injected into the proceedings of jury trial. The fifth and last section of the book discusses potentially viable reforms. It concludes with the assertion that, given the public demand for greater transparency and better accountability of the jury in action, it is necessary to reform an outdated mode of trial.
Unreasonable Searches and Seizures: Rights and Liberties under the Law (America's Freedoms)
by Otis H. Jr. Richard A. GlennA timely, historical look at Fourth Amendment jurisprudence, covering more than two centuries of search-and-seizure law, from landmark judicial decisions to enduring controversies.Unreasonable Searches and Seizures: Rights and Liberties under the Law provides a comprehensive exploration of the development of the Fourth Amendment from the late 18th century to the present. The work clearly explains complex legal questions and pivotal judicial decisions, illustrating the controversial nature of Fourth Amendment issues and differentiating between reasonable and unreasonable searches and seizures.Presenting a wealth of cases and examples, the authors analyze important developments, such as the impact of the Supreme Court's decision in Weeks v. United States (prohibiting federal courts from admitting evidence obtained in violation of the Amendment), the expansion of Fourth Amendment protections in the 1960s, the apparent weakening of rights since the early 1970s, and the contraction of the exclusionary rule in response to the war on drugs and the war on terror.
The Unrealized Promise of the Next Great Copyright Act: U.S. Copyright Policy for the 21st Century
by Christopher S. ReedThe Unrealized Promise of the Next Great Copyright Act provides a unique perspective on one of the most active periods of copyright policy discourse in the United States since the enactment of the Copyright Act of 1976. Using the then-Register of Copyrights Maria Pallante’s landmark speech of 2013 The Next Great Copyright Act as a catalyst, Christopher S. Reed documents and assesses the major issues confronting the U.S. copyright system today. The book offers an inside view of the Copyright Office’s attempts at reform as part of a comprehensive account of the complex dynamics between key stakeholder communities, government and legislation. Chapters also explore relevant areas of copyright such as orphan works and mass digitization, online copyright enforcement, visual arts and music licensing, and demonstrate that despite previous difficulties the time is now ripe for an update to U.S. copyright law. This insightful book will be of great value to scholars and legal practitioners with a focus on copyright law and policy, and will also prove a useful resource for instructors teaching copyright policy at an advanced level. Others with an interest in intellectual property, technology and connected culture, or politics and government will also find this book an engaging read.
Unravelling Criminal Justice: Eleven British Studies
by David DownesBrings together the major findings of 11 projects funded under the "Crime and the Criminal Justice System Initiative" by the Economic and Social Research Council in the mid-1980s.
The Unpublished Opinions of the Warren Court
by the late Bernard SchwartzAn important contribution to constitutional literature, this collection of ten unpublished decisions by the Warren Court puts the decision making process of the Supreme Court in a new light. By following the major changes that occur in each case from the circulation of tentative majority opinions to the final issuance of opinion, the book portrays how the justices communicate with each other and how they are influenced by each other's arguments. Interpretations and commentaries by the author illuminate the significance of each case and provide insight into the different judicial philosophies and personal styles of the justices. This book will be of substantial value to law schools, law libraries, bar associations, and lawyers practicing in the field of constitutional law.
The Unpublished Opinions of the Rehnquist Court
by the late Bernard SchwartzIn the last twenty years, the veil of secrecy surrounding the workings of the United States Supreme Court has been lifted. Justice Thurgood Marshall's controversial decision to make his papers available to the public ushered in a new era of openness about the operation of the Court--but not without criticism from Chief Justice William H. Rehnquist. The Unpublished Opinions of the Rehnquist Court provides a behind-the- scenes look at the Supreme Court, showing how changes between the drafts and the Justices' final opinions have created substantial differences in the outcome of the Court's decisions. As with his two previous works The Unpublished Opinions of the Warren Court and the Unpublished Opinions of the Burger Court, author Bernard Schwartz uses private court papers to follow these decisions and explore the key role and responsibility of the Chief Justice. Among the ten cases examined by Schwartz are key abortion cases Hodgson v. Minnesota and Webster v. Reproductive Health Services-- the original draft of which would have virtually overruled Roe v. Wade--as well as a civil rights case, Patterson v. McLean Credit Union. Schwartz considers the draft opinions and explains why the drafts were not issued as the final opinions and dissents in these cases. In particular, he shows what would have happened if the draft opinions had come down as the final opinions. The Unpublished Opinions of the Rehnquist Court serves to clarify and explore the actual operation of the judicial decision-making process. It will be fascinating and informative reading for attorneys, judges, law students, politicians and anyone interested in the mechanics of the nation's highest Court.
The Unpublished Opinions of the Burger Court
by the late Bernard SchwartzA companion to Oxford's The Unpublished Opinions of the Warren Court, this book contains the draft opinions that were prepared by the Justices in the cases included, as well as a short historical preface of each case and an analysis of the legal events occurring after the drafts were sent to the Justices.
Unpublished Fragments from the Period of Thus Spoke Zarathustra: Volume 15 (The Complete Works of Friedrich Nietzsche)
by Friedrich NietzscheThis volume provides the first English translation of Nietzsche's unpublished notes from the spring of 1884 through the winter of 1884–85, the period in which he was composing the fourth and final part of his favorite work, Thus Spoke Zarathustra. These notebooks therefore provide special insight into Nietzsche's philosophical concept of superior humans,as well as important clues to the identities of the famous nineteenth-century European figures who inspired Nietzsche's invention of fictional characters such as "the prophet," "the sorcerer," and "the ugliest human."In these notebooks, Nietzsche also further explores ideas that were introduced in the first three parts of Thus Spoke Zarathustra: Zarathustra's teaching about the death of God; his proclamation that it is time for humankind to overcome itself and create the superhumans; his discovery that the secret of life is the will to power; and his most profound thought—that the entire cosmos will eternally return. Readers will encounter here a wealth of material that Nietzsche would include in his next book, Beyond Good and Evil, as he engages the ideas of Kant and Schopenhauer, challenges cultural icons like Richard Wagner, and mercilessly exposes the foibles of his contemporaries, especially of his fellow Germans. Readers will also discover an extensive collection of Nietzsche's poetry. Richly annotated and accompanied by a detailed translators' afterword, this volume showcases the cosmopolitanism at work in Nietzsche's multifaceted and critical exploration of aesthetic and cultural influences that transcend national (and nationalist) notions of literature, music, and culture.
Unpublished Fragments from the Period of Human, All Too Human I: Volume 12 (The Complete Works of Friedrich Nietzsche)
by Friedrich NietzscheThis volume in The Complete Works presents the first English translations of Nietzsche's unpublished notebooks from Winter 1874/1875 through 1878, the period in which he developed the mixed aphoristic-essayistic mode that continued across the rest of his career. These notebooks comprise a range of different materials, including early drafts and near-final versions of aphorisms that would appear in both volumes of Human, All Too Human. Additionally, there are extensive notes for a never-completed Unfashionable Observation that was to be titled "We Philologists," early drafts for the final sections of "Richard Wagner in Bayreuth," plans for other possible publications, and detailed reading notes on philologists, philosophers, and historians of his era, including Friedrich August Wolf, Eugen Dühring, and Jacob Burckhardt. Through this volume, readers gain insight into Nietzsche's emerging sense of himself as a composer of complexly orchestrated, stylistically innovative philosophical meditations—influenced by, but moving well beyond, the modes used by aphoristic precursors such as Goethe, La Rochefoucauld, Vauvenargues, and Schopenhauer. Further, these notebooks allow readers to trace more closely Nietzsche's development of ideas that remain central to his mature philosophy, such as the contrast between free and constrained spirits, the interplay of national, supra-national, and personal identities, and the cultural centrality of the process of Bildung as formation, education, and cultivation. With this latest book in the series, Stanford continues its English-language publication of the famed Colli-Montinari edition of Nietzsche's complete works, which include the philosopher's notebooks and early unpublished writings. Scrupulously edited so as to establish a new standard for the field, each volume includes an Afterword that presents and contextualizes the material it contains.
Unpublished Fragments from the Period of Dawn: Volume 13 (The Complete Works of Friedrich Nietzsche)
by Friedrich NietzscheThis volume provides the first English translation of Nietzsche's unpublished notes from late 1879 to early 1881, the period in which he authored Dawn, the second book in the trilogy that began with Human, All Too Human and concluded with The Joyful Science. In these fragments, we see Nietzsche developing the conceptual triad of morals, customs, and ethics, which undergirds his critique of morality as the reification into law or dogma of conceptions of good and evil. Here, Nietzsche assesses Christianity's role in the determination of moral values as the highest values and of redemption as the representation of humanity's highest aspirations. These notes show the resulting tension between Nietzsche's contrasting thoughts on modernity, which he critiques as an unrecognized aftereffect of the Christian worldview, but also views as the springboard to "the dawn" of a transformed humanity and culture. The fragments further allow readers insight into Nietzsche's continuous internal debate with exemplary figures in his own life and culture—Napoleon, Schopenhauer, and Wagner—who represented challenges to hitherto existing morals and culture—challenges that remained exemplary for Nietzsche precisely in their failure. Presented in Nietzsche's aphoristic style, Dawn is a book that must be read between the lines, and these fragments are an essential aid to students and scholars seeking to probe this work and its partners.
Unpublished Fragments from the Period of Dawn: Volume 13 (The Complete Works of Friedrich Nietzsche)
by Friedrich NietzscheThis volume provides the first English translation of Nietzsche's unpublished notes from late 1879 to early 1881, the period in which he authored Dawn, the second book in the trilogy that began with Human, All Too Human and concluded with The Joyful Science. In these fragments, we see Nietzsche developing the conceptual triad of morals, customs, and ethics, which undergirds his critique of morality as the reification into law or dogma of conceptions of good and evil. Here, Nietzsche assesses Christianity's role in the determination of moral values as the highest values and of redemption as the representation of humanity's highest aspirations. These notes show the resulting tension between Nietzsche's contrasting thoughts on modernity, which he critiques as an unrecognized aftereffect of the Christian worldview, but also views as the springboard to "the dawn" of a transformed humanity and culture. The fragments further allow readers insight into Nietzsche's continuous internal debate with exemplary figures in his own life and culture—Napoleon, Schopenhauer, and Wagner—who represented challenges to hitherto existing morals and culture—challenges that remained exemplary for Nietzsche precisely in their failure. Presented in Nietzsche's aphoristic style, Dawn is a book that must be read between the lines, and these fragments are an essential aid to students and scholars seeking to probe this work and its partners.
Unprincipled Virtue: An Inquiry Into Moral Agency
by Nomy ArpalyNomy Arpaly rejects the model of rationality used by most ethicists and action theorists. Both observation and psychology indicate that people act rationally without deliberation, and act irrationally with deliberation. By questioning the notion that our own minds are comprehensible to us--and therefore questioning much of the current work of action theorists and ethicists--Arpaly attempts to develop a more realistic conception of moral agency.
Unprincipled Virtue: An Inquiry Into Moral Agency
by Nomy ArpalyNomy Arpaly rejects the model of rationality used by most ethicists and action theorists. Both observation and psychology indicate that people act rationally without deliberation, and act irrationally with deliberation. By questioning the notion that our own minds are comprehensible to us--and therefore questioning much of the current work of action theorists and ethicists--Arpaly attempts to develop a more realistic conception of moral agency.
Unprecedented: The Constitutional Challenge to Obamacare
by Josh BlackmanForeword by Randy E. BarnettIn 2012, the United States Supreme Court became the center of the political world. In a dramatic and unexpected 5-4 decision, Chief Justice John Roberts voted on narrow grounds to save the Affordable Care Act, commonly known as Obamacare. Unprecedented tells the inside story of how the challenge to Obamacare raced across all three branches of government, and narrowly avoided a constitutional collision between the Supreme Court and President Obama. On November 13, 2009, a group of Federalist Society lawyers met in the Mayflower Hotel in Washington, D.C., to devise a legal challenge to the constitutionality of President Obama's "legacy”-his healthcare reform. It seemed a very long shot, and was dismissed peremptorily by the White House, much of Congress, most legal scholars, and all of the media. Two years later the fight to overturn the Affordable Care Act became a political and legal firestorm. When, finally, the Supreme Court announced its ruling, the judgment was so surprising that two cable news channels misreported it and announced that the Act had been declared unconstitutional.Unprecedented offers unrivaled inside access to how key decisions were made in Washington, based on interviews with over one hundred of the people who lived this journey-including the academics who began the challenge, the attorneys who litigated the case at all levels, and Obama administration attorneys who successfully defended the law. It reads like a political thriller, provides the definitive account of how the Supreme Court almost struck down President Obama's "unprecedented” law, and explains what this decision means for the future of the Constitution, the limits on federal power, and the Supreme Court.
Unprecedented: The Constitutional Challenge to Obamacare
by Josh BlackmanForeword by Randy E. Barnett In 2012, the United States Supreme Court became the center of the political world. In a dramatic and unexpected 5-4 decision, Chief Justice John Roberts voted on narrow grounds to save the Affordable Care Act, commonly known as Obamacare. Unprecedented tells the inside story of how the challenge to Obamacare raced across all three branches of government, and narrowly avoided a constitutional collision between the Supreme Court and President Obama. On November 13, 2009, a group of Federalist Society lawyers met in the Mayflower Hotel in Washington, D.C., to devise a legal challenge to the constitutionality of President Obama's "legacy" -- his healthcare reform. It seemed a very long shot, and was dismissed peremptorily by the White House, much of Congress, most legal scholars, and all of the media. Two years later the fight to overturn the Affordable Care Act became a political and legal firestorm. When, finally, the Supreme Court announced its ruling, the judgment was so surprising that two cable news channels misreported it and announced that the Act had been declared unconstitutional.Unprecedented offers unrivaled inside access to how key decisions were made in Washington, based on interviews with over one hundred of the people who lived this journey -- including the academics who began the challenge, the attorneys who litigated the case at all levels, and Obama administration attorneys who successfully defended the law. It reads like a political thriller, provides the definitive account of how the Supreme Court almost struck down President Obama's "unprecedented" law, and explains what this decision means for the future of the Constitution, the limits on federal power, and the Supreme Court.
Unpopular Essays
by Bertrand RussellA classic collection of Bertrand Russell’s more controversial works, reaffirming his staunch liberal values, Unpopular Essays is one of Russell’s most characteristic and self-revealing books. Written to "combat… the growth in Dogmatism", on first publication in 1950 it met with critical acclaim and a wide readership and has since become one of his most accessible and popular books.
Unpopular Essays
by Bertrand RussellA classic collection of Bertrand Russell’s more controversial works, reaffirming his staunch liberal values, Unpopular Essays is one of Russell’s most characteristic and self-revealing books. Written to "combat… the growth in Dogmatism", on first publication in 1950 it met with critical acclaim and a wide readership and has since become one of his most accessible and popular books.
Unpacking the Death Penalty in ASEAN
by Sriprapha Petcharamesree Mark P. Capaldi Alan CollinsThis book contributes conceptually, theoretically and morally to a deeper understanding of the distinctive Asian perceptions of punishment, justice and human rights. Researched and prepared by scholars who have not only been conducting studies on the death penalty in the region but have also been advocating for legal reforms, this edited book touches upon the different justifications for the use of capital punishment in the ASEAN region, exposing the secrecy, sensitivities and dilemmas that mask violations of international human rights laws. The chapters bring in numerous new perspectives which have been overlooked in the traditional discourse surrounding the use of the death penalty, such as that around crimes that do not meet the threshold of “most serious”; the dignity of death row inmates and their families; contradictions within religion and capital punishment; and the way in which growing authoritarianism and the media are adversely influencing the public’s perception and support for capital punishment in the region. In examining how public opinion shapes state policies towards the death penalty and how it varies according to different offences and different states, the authors critically analyse how the international human rights mechanisms have specifically called for ASEAN member states to refrain from extending the application of the death penalty and to limit it to the “most serious crimes.” Relevant to socio-legal scholars focused on crime and punishment in Southeast Asia, and in the Global South more broadly, this is a landmark collection in criminology and human rights scholarship. Chapter "ASEAN and the Death Penalty: Theoretical and Legal Views and a Pathway to Abolition" is available open access under a Creative Commons Attribution 4.0 International License via link.springer.com.
Unpacking Normativity: Conceptual, Normative, and Descriptive Issues
by Kenneth Einar Himma Miodrag Jovanovic Bojan SpaicThis book provides a new and wide-ranging study of law's normativity, examining conceptual, descriptive and empirical dimensions of this perennial philosophical issue. It also contains essays concerned with, among other issues, normativity from a psychoanalytic point of view; the relationship between semantic and legal normativity; the treatment of normativity from a sociological point of view; and normativity as it pertains to transnational law. The contributors come not only from the usual Anglo-American and Western European community of legal theorists, but also from Latin American and Eastern European communities, representing a diversity of perspectives and points of view – including essays from both analytic and continental methodologies. Given the various topics addressed in the proposed volume, it will appeal to scholars in transnational law, legal sociology, normative legal philosophy concerned with problems of state legitimacy and practical rationality, as well of those working in general jurisprudence. It promises a highly important contribution to the study of law's normativity.
Unpacking Normativity: Conceptual, Normative, and Descriptive Issues
by Kenneth Einar Himma Miodrag Jovanovic Bojan SpaicThis book provides a new and wide-ranging study of law's normativity, examining conceptual, descriptive and empirical dimensions of this perennial philosophical issue. It also contains essays concerned with, among other issues, the relationship between semantic and legal normativity; methodological concerns pertaining to understanding normativity; normativity and legal interpretation; and normativity as it pertains to transnational law. The contributors come not only from the usual Anglo-American and Western European community of legal theorists, but also from Latin American and Eastern European communities, representing a diversity of perspectives and points of view – including essays from both analytic and continental methodologies. With this range of topics, the book will appeal to scholars in transnational law, legal sociology, normative legal philosophy concerned with problems of state legitimacy and practical rationality, as well as those working in general jurisprudence. It comprises a highly important contribution to the study of law's normativity.
Unofficial and Deniable
by John Gordon DavisThe sins of the past come home to roost in the New South Africa in the action-packed new novel from a master of the international thriller.