Suchergebnisse

"Why We Vote is a bold and sometimes daring reconstruction of judicial doctrine giving expression to the democratic aspirations of the Constitution. It shifts the focus from equal protection to the freedom that democracy generates-the right of those who are ruled to choose their rulers. It explains why the protection of that right requires the extension of the franchise to all citizens. It provides the grounds for the rules that facilitate, as a purely practical matter, the exercise of the right to vote, ensure that the vote of one is equal to that of another, and guarantees feasible access to the ballot for independent candidates and new political parties"--

In Why We Vote, renowned legal scholar Owen Fiss offers a bold and daring reconstruction of judicial doctrine that underscores the US Constitution's commitment to the expansion of democracy. Each chapter points to landmark Supreme Court decisions that have either enhanced the citizens' enjoyment of the right to vote or guaranteed feasible access to the ballot for independent candidates and new political parties. Fiss also shifts the focus from equal protection of the laws to the freedom that democracy generates--the right of those who are ruled to choose their rulers.

Pillars of Justice explores the purpose and possibilities of life in the law through moving accounts of thirteen lawyers who shaped the legal world during the past half century. Some, such as Thurgood Marshall, were Supreme Court Justices. Others, like John Doar and Burke Marshall, set the civil rights policies of the federal government during the 1960s. Some, including Harry Kalven and Catharine MacKinnon, have taught at the greatest law schools of the nation and nourished the liberalism rooted in the civil rights era. Jurists from abroad--Aharon Barak, for example--were responsible for the rise of the human rights movement that today carries the burden of advancing liberal values. These lawyers came from diverse backgrounds and held various political views. What unites them is a deep, abiding commitment to Brown v. Board of Education as an exceptional moment in the life of the law--a willingness to move mountains, if need be, to ensure that we are living up to our best selves. In tracing how these lawyers over a period of fifty years used the Brown ruling and its spirit as a beacon to guide their endeavors, this history tells the epic story of the liberal tradition in the law. For Owen Fiss, one of the country's leading constitutional theorists, the people described were mentors, colleagues, and friends. In his portraits, Fiss tries to identify the unique qualities of mind and character that made these individuals so important to the institutions and legal principles they served--

Analyses the Carolingians' efforts to form a Christian Empire with the organizing principle of the sacrament of baptism. Owen M. Phelan argues that baptism provided the foundation for this society, and offered a medium for the communication and the popularization of beliefs and ideas, through which the Carolingian Renewal established the vision of an imperium christianum in Europe. He analyses how baptism unified people theologically, socially, and politically and helped Carolingian leaders order their approaches to public life. It enabled reformers to think in ways which were ideologically consistent, publically available, and socially useful.0Phelan also examines the influential court intellectual, Alcuin of York, who worked to implement a sacramental society through baptism. The book finally looks at the dissolution of Carolingian political aspirations for an imperium christianum and how, by the end of the ninth century, political frustrations concealed the deeper achievement of the Carolingian Renewal

Conversion therapy refers to a range of unscientific, discredited and harmful heterosexist practices that attempt to re-align an individual's sexual orientation, usually from non-heterosexual to heterosexual. In Australia, the state of Victoria recently joined Queensland and the Australian Capital Territory in criminalising conversion therapy. Although many other jurisdictions have also introduced legislation banning conversion therapy, it persists in over 60 countries. Children are particularly vulnerable to the harmful effects of conversion therapy, which can include coercion, rejection, isolation and blame. However, if new biotechnologies create safe and effective conversion therapies, the question posed here is whether it would ever be morally permissible to use them. In addressing this question, we need to closely examine the individual's circumstances and the prevailing social context in which conversion therapy is employed. I argue that, even in a sexually unjust world, conversion therapy may be morally permissible if it were the only safe and effective means of relieving intense anguish and dysphoria for the individual. The person providing the conversion therapy must be qualified, sufficiently independent from any religious organisation and must provide conversion therapy in a way that is positively affirming of the individual and their existing sexuality.

Fil: Fiss, Owen M. Universidad de Yale. Escuela de Derecho. Connecticut, Estados Unidos ; "Título original: The Democratic Mission of the University, traducción de María Luisa Piqué". -- Sterling Professor of Law Emeritus, Yale University. Este ensayo constituye la Conferencia de investidura como Doctor Honoris Causa y la primera Conferencia en Homenaje a Carlos Santiago Nino en la Universidad de Buenos Aires, que tuvo lugar el 6 de octubre de 2011 y se benefició mucho del trabajo de investigación y de los consejos de John Paredes y Ned Hirschfeld.