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Darkness Now Visible - Patriarchy's Resurgence and Feminist Resistance (Paperback): Carol Gilligan, David A. J Richards Darkness Now Visible - Patriarchy's Resurgence and Feminist Resistance (Paperback)
Carol Gilligan, David A. J Richards
R400 R323 Discovery Miles 3 230 Save R77 (19%) Ships in 7 - 11 working days

In the fall of 2016 those promoting patriarchal ideals saw their champion Donald Trump elected president of the United States and showed us how powerful patriarchy still is in American society and culture. Darkness Now Visible: Patriarchy's Resurgence and Feminist Resistance explains how patriarchy and its embrace of misogyny, racism, xenophobia, homophobia, and violence are starkly visible and must be recognized and resisted. Carol Gilligan and David A. J. Richards offer a bold and original thesis: that gender is the linchpin that holds in place the structures of unjust oppression through the codes of masculinity and femininity that subvert the capacity to resist injustice. Feminism is not an issue of women only, or a battle of women versus men - it is the key ethical movement of our age.

Darkness Now Visible - Patriarchy's Resurgence and Feminist Resistance (Hardcover): Carol Gilligan, David A. J Richards Darkness Now Visible - Patriarchy's Resurgence and Feminist Resistance (Hardcover)
Carol Gilligan, David A. J Richards
R602 R478 Discovery Miles 4 780 Save R124 (21%) Ships in 7 - 11 working days

In the fall of 2016 those promoting patriarchal ideals saw their champion Donald Trump elected president of the United States and showed us how powerful patriarchy still is in American society and culture. Darkness Now Visible: Patriarchy's Resurgence and Feminist Resistance explains how patriarchy and its embrace of misogyny, racism, xenophobia, homophobia, and violence are starkly visible and must be recognized and resisted. Carol Gilligan and David A. J. Richards offer a bold and original thesis: that gender is the linchpin that holds in place the structures of unjust oppression through the codes of masculinity and femininity that subvert the capacity to resist injustice. Feminism is not an issue of women only, or a battle of women versus men - it is the key ethical movement of our age.

Italian American - The Racializing of an Ethnic Identity (Hardcover): David A. J Richards Italian American - The Racializing of an Ethnic Identity (Hardcover)
David A. J Richards
R2,105 Discovery Miles 21 050 Ships in 7 - 11 working days

When southern Italians began emigrating to the U.S. in large numbers in the 1870s-part of the "new immigration" from southern and eastern rather than northern Europe-they were seen as racially inferior, what David A. J. Richards terms "nonvisibly" black.

The first study of its kind, Italian American explores the acculturation process of Italian immigrants in terms of then-current patterns of European and American racism. Delving into the political and legal context of flawed liberal nationalism both in Italy (the Risorgimento) and the United States (Reconstruction Amendments), Richards examines why Italian Americans were so reluctant to influence depictions of themselves and their own collective identity. He argues that American racism could not have had the durability or political power it has had either in the popular understanding or in the corruption of constitutional ideals unless many new immigrants, themselves often regarded as racially inferior, had been drawn into accepting and supporting many of the terms of American racism.

With its unprecedented focus on Italian American identity and an interdisciplinary approach to comparative culture and law, this timely study sheds important light on the history and contemporary importance of identity and multicultural politics in American political and constitutional debate.

Tragic Manhood and Democracy - Verdi's Voice and the Powers of Musical Art (Hardcover): David A. J Richards Tragic Manhood and Democracy - Verdi's Voice and the Powers of Musical Art (Hardcover)
David A. J Richards
R1,144 R902 Discovery Miles 9 020 Save R242 (21%) Ships in 10 - 15 working days

What is tragedy? This work argues that it is, at once, art and science -- an absorbing art and precisely observed empirical inquiry into human psychology, whose subject matter is the dilemma of manhood under democracy. The author expands discussion of the idea of the tragic to include music drama in general and the operas of Verdi in particular, and explores the indispensable contribution of tragedy to an understanding of personal and political psychology through discussion of: the political theory of structural injustice resting on the suppression of voice (underlying evils like racism, sexism, and homophobia), a developmental psychology of gender (drawing on the work of Carol Gilligan -- the Harvard Project on Women's Psychology, Boy's Development and the Culture of Manhood), and an interpretation of tragic art (including the expressive role of music in it). Exploration of the tragic impact of patriarchy on democratic voice is at the heart of the power and appeal of Verdi's innovations in musical voice. At its core is a complex psychic geography of patriarchal practices imposed on personal and political relationships (parents to children, siblings to one another, and adult men and women). Such practices -- fundamental to the family, politics, and religion -- enforce demands by forms of physical and psychological violence directed by men and women at anyone who deviates from its demands. Verdi's tragic musical drama speaks of an emotional loss that literally cannot under patriarchy be spoken, namely, what the author calls the tragedy of patriarchy -- a divided psychology that lives in the tension between patriarchal practices and democratic principles, and between the psychological demands of patriarchy and democratic manhood.

Identity and the Case for Gay Rights - Race, Gender, Religion as Analogies (Paperback, 2nd ed.): David A. J Richards Identity and the Case for Gay Rights - Race, Gender, Religion as Analogies (Paperback, 2nd ed.)
David A. J Richards
R655 Discovery Miles 6 550 Ships in 10 - 15 working days

How should we chart a course toward legal recognition of gay rights as basic human rights? In this enlightening study, legal scholar David Richards explores the connections between gay rights and three successful civil rights movements--black civil rights, feminism, and religious toleration--to determine how these might serve as analogies for the gay rights movement.
Richards argues that racial and gender struggles are informative but partial models. As in these movements, achieving gay rights requires eliminating unjust stereotypes and allowing one's identity to develop free from intolerant views. Richards stresses, however, that gay identity is an ethical choice based on gender equality. Thus the right to religious freedom offers the most compelling analogy for a gay rights movement because gay identity should be protected legally as an ethical decision of conscience.
A thoughtful and highly original voice in the struggle for gay rights, David Richards is the first to argue that discrimination is like religious intolerance-denial of full humanity to individuals because of their identity and moral commitments to gender equality.

Tragic Manhood and Democracy - Verdi's Voice and the Powers of Musical Art (Paperback, New): David A. J Richards Tragic Manhood and Democracy - Verdi's Voice and the Powers of Musical Art (Paperback, New)
David A. J Richards
R442 R377 Discovery Miles 3 770 Save R65 (15%) Ships in 10 - 15 working days

What is tragedy? This work argues that it is, at once, art and science -- an absorbing art and precisely observed empirical inquiry into human psychology, whose subject matter is the dilemma of manhood under democracy. drama in general and the operas of Verdi in particular, and explores the indispensable contribution of tragedy to an understanding of personal and political psychology through discussion of: the political theory of structural injustice resting on the suppression of voice (underlying evils like racism, sexism, and homophobia), a developmental psychology of gender (drawing on the work of Carol Gilligan the Harvard Project on Women's Psychology, Boy's Development and the Culture of Manhood]), and an interpretation of tragic art (including the expressive role of music in it). Exploration of the tragic impact of patriarchy on democratic voice is at the heart of the power and appeal of Verdi's innovations in musical voice. on personal and political relationships (parents to children, siblings to one another, and adult men and women). Such practices -- fundamental to the family, politics, and religion -- enforce demands by forms of physical and psychological violence directed by men and women at anyone who deviates from its demands. Verdi's tragic musical drama speaks of an emotional loss that literally cannot under patriarchy be spoken, namely, what the author calls the tragedy of patriarchy -- a divided psychology that lives in the tension between patriarchal practices and democratic principles, and between the psychological demands of patriarchy and democratic manhood. analytics of traumatised voice under patriarchy; Tragic art: patriarchy in ancient Athens and Verdi's Italy; Music as the memory of suppressed voice in Verdi's mature operas; Verdi and Italian nationalism; Parents and children; Siblings; Lovers; Tragedy as the dilemma of democratic manhood; Between Patriarchal and Democratic Manhood.

The Deepening Darkness - Patriarchy, Resistance, and Democracy's Future (Hardcover): Carol Gilligan, David A. J Richards The Deepening Darkness - Patriarchy, Resistance, and Democracy's Future (Hardcover)
Carol Gilligan, David A. J Richards
R668 R632 Discovery Miles 6 320 Save R36 (5%) Ships in 10 - 15 working days

Why is America again unjustly at war? Why is its politics distorted by wedge issues like abortion and gay marriage? Why is anti-Semitism still so powerfully resurgent? Such contradictions within democracies arise from a patriarchal psychology still alive in our personal and political lives in tension with the equal voice that is the basis of democracy. The book joins a psychological approach with a political-theoretical one that traces both this psychology (based on loss in intimate life) and resistance to it (based on the love of equals) to the Roman Republic and Empire and to three Latin masterpieces: Virgil s Aeneid, Apuleius s The Golden Ass, and Augustine s Confessions. Democratic resistance in religion, psychology, the arts, and politics rests on free voices challenging patriarchal restrictions on the love of equals. In addition to examining why we are at war, this book explains many other aspects of our present situation including why movements of ethical resistance are often accompanied by a freeing of sexuality and why we are witnessing an aggressive fundamentalism at home and abroad.

Conscience and the Constitution - History, Theory, and Law of the Reconstruction Amendments (Hardcover): David A. J Richards Conscience and the Constitution - History, Theory, and Law of the Reconstruction Amendments (Hardcover)
David A. J Richards
R2,265 R1,678 Discovery Miles 16 780 Save R587 (26%) Ships in 10 - 15 working days

At stage center of the American drama, maintains David A. J. Richards, is the attempt to understand the implications of the Reconstruction Amendments--Amendments Thirteen, Fourteen, and Fifteen to the United States Constitution. Richards evaluates previous efforts to interpret the amendments and then proposes his own view: together the amendments embodied a self-conscious rebirth of America's revolutionary, rights-based constitutionalism. Building on an approach to constitutional law developed in his Toleration and the Constitution and Foundations of American Constitutionalism, Richards links history, law, and political theory. In Conscience and the Constitution, this method leads from an analysis of the Reconstruction Amendments to a broad discussion of the American constitutional system as a whole. Richards's interpretation focuses on the abolitionists and their radical commitment to the "dissenting conscience." In his view, the Reconstruction Amendments expressed not only the constitutional arguments of a particular historical period but also a general political theory developed by the abolitionists, who restructured the American political community in terms of respect for universal human rights. He argues further that the amendments make a claim on our generation to keep faith with the vision of the "founders of 1865." In specific terms he points out what such allegiance would mean in the context of present-day constitutional issues. Originally published in 1993. The Princeton Legacy Library uses the latest print-on-demand technology to again make available previously out-of-print books from the distinguished backlist of Princeton University Press. These editions preserve the original texts of these important books while presenting them in durable paperback and hardcover editions. The goal of the Princeton Legacy Library is to vastly increase access to the rich scholarly heritage found in the thousands of books published by Princeton University Press since its founding in 1905.

Conscience and the Constitution - History, Theory, and Law of the Reconstruction Amendments (Paperback): David A. J Richards Conscience and the Constitution - History, Theory, and Law of the Reconstruction Amendments (Paperback)
David A. J Richards
R919 R710 Discovery Miles 7 100 Save R209 (23%) Ships in 10 - 15 working days

At stage center of the American drama, maintains David A. J. Richards, is the attempt to understand the implications of the Reconstruction Amendments--Amendments Thirteen, Fourteen, and Fifteen to the United States Constitution. Richards evaluates previous efforts to interpret the amendments and then proposes his own view: together the amendments embodied a self-conscious rebirth of America's revolutionary, rights-based constitutionalism. Building on an approach to constitutional law developed in his "Toleration and the Constitution" and "Foundations of American Constitutionalism," Richards links history, law, and political theory. In "Conscience and the Constitution," this method leads from an analysis of the Reconstruction Amendments to a broad discussion of the American constitutional system as a whole.

Richards's interpretation focuses on the abolitionists and their radical commitment to the "dissenting conscience." In his view, the Reconstruction Amendments expressed not only the constitutional arguments of a particular historical period but also a general political theory developed by the abolitionists, who restructured the American political community in terms of respect for universal human rights. He argues further that the amendments make a claim on our generation to keep faith with the vision of the "founders of 1865." In specific terms he points out what such allegiance would mean in the context of present-day constitutional issues.

Originally published in 1993.

The Princeton Legacy Library uses the latest print-on-demand technology to again make available previously out-of-print books from the distinguished backlist of Princeton University Press. These paperback editions preserve the original texts of these important books while presenting them in durable paperback editions. The goal of the Princeton Legacy Library is to vastly increase access to the rich scholarly heritage found in the thousands of books published by Princeton University Press since its founding in 1905.

Boys' Secrets and Men's Loves - A Memoir (Paperback): David A. J Richards Boys' Secrets and Men's Loves - A Memoir (Paperback)
David A. J Richards
R547 Discovery Miles 5 470 Ships in 7 - 11 working days
Women, Gays, and the Constitution - The Grounds for Feminism and Gay Rights in Culture and Law (Paperback, New): David A. J... Women, Gays, and the Constitution - The Grounds for Feminism and Gay Rights in Culture and Law (Paperback, New)
David A. J Richards
R800 Discovery Miles 8 000 Ships in 10 - 15 working days

This study combines an interpretive history of culture and law, political philosophy and constitutional analysis to explain the background, development and growing impact of two challenging human rights movements: feminism and gay rights. The text argues that both movements are extensions of rights-based dissent, rooted in antebellum abolitionist feminism which condemns both American racism and sexism. It examines the role of dissident African Americans, Jews, women and homosexuals in forging alternative visions of rights-based democracy. The book draws attention to Walt Whitman's visionary poetry, exploring Whitman's impact on pro-gay advocates such as Havelock Ellis, Oscar Wilde and Andre Gide. It also discusses writers and reformers such as Margaret Sanger, Franz Boas, Elizabeth Stanton and Adrienne Rich. The study addresses recent controversies such as the exclusion of homosexuals from the military and from the right of marriage, and concludes with a defence of the struggle for such constitutional rights.

Why Love Leads to Justice - Love across the Boundaries (Hardcover): David A. J Richards Why Love Leads to Justice - Love across the Boundaries (Hardcover)
David A. J Richards
R1,778 Discovery Miles 17 780 Ships in 7 - 11 working days

This book tells the stories of notable historical figures who, by resisting patriarchal laws condemning adultery, gay and lesbian sex, and sex across the boundaries of religion and race, brought about lasting social and political change. Constitutional scholar David A. J. Richards investigates the lives of leading transgressive artists, social critics, and activists including George Eliot, Benjamin Britten, Christopher Isherwood, Bayard Rustin, James Baldwin, Eleanor Roosevelt, and Margaret Mead. Richards shows how ethical empowerment, motivated by love, allowed these figures to resist the injustices of anti-Semitism, racism, sexism, and homophobia, leading to the constitutional condemnation of these political evils in the United States, Britain, and beyond. Love and law thus grow together, and this book shows how and why. Drawing from developmental psychology (including studies of trauma), political theory, the history of social movements, literature, biography, and law, this book will be a thought-provoking tool for anyone interested in civil rights.

Why Love Leads to Justice - Love across the Boundaries (Paperback): David A. J Richards Why Love Leads to Justice - Love across the Boundaries (Paperback)
David A. J Richards
R582 R463 Discovery Miles 4 630 Save R119 (20%) Ships in 7 - 11 working days

This book tells the stories of notable historical figures who, by resisting patriarchal laws condemning adultery, gay and lesbian sex, and sex across the boundaries of religion and race, brought about lasting social and political change. Constitutional scholar David A. J. Richards investigates the lives of leading transgressive artists, social critics, and activists including George Eliot, Benjamin Britten, Christopher Isherwood, Bayard Rustin, James Baldwin, Eleanor Roosevelt, and Margaret Mead. Richards shows how ethical empowerment, motivated by love, allowed these figures to resist the injustices of anti-Semitism, racism, sexism, and homophobia, leading to the constitutional condemnation of these political evils in the United States, Britain, and beyond. Love and law thus grow together, and this book shows how and why. Drawing from developmental psychology (including studies of trauma), political theory, the history of social movements, literature, biography, and law, this book will be a thought-provoking tool for anyone interested in civil rights.

The Deepening Darkness - Patriarchy, Resistance, and Democracy's Future (Paperback): Carol Gilligan, David A. J Richards The Deepening Darkness - Patriarchy, Resistance, and Democracy's Future (Paperback)
Carol Gilligan, David A. J Richards
R651 R515 Discovery Miles 5 150 Save R136 (21%) Ships in 7 - 11 working days

Why is America again unjustly at war? Why is its politics distorted by wedge issues like abortion and gay marriage? Why is anti-Semitism still so powerfully resurgent? Such contradictions within democracies arise from a patriarchal psychology still alive in our personal and political lives in tension with the equal voice that is the basis of democracy. The book joins a psychological approach with a political-theoretical one that traces both this psychology (based on loss in intimate life) and resistance to it (based on the love of equals) to the Roman Republic and Empire and to three Latin masterpieces: Virgil s Aeneid, Apuleius s The Golden Ass, and Augustine s Confessions. Democratic resistance in religion, psychology, the arts, and politics rests on free voices challenging patriarchal restrictions on the love of equals. In addition to examining why we are at war, this book explains many other aspects of our present situation including why movements of ethical resistance are often accompanied by a freeing of sexuality and why we are witnessing an aggressive fundamentalism at home and abroad."

Fundamentalism in American Religion and Law - Obama's Challenge to Patriarchy's Threat to Democracy (Paperback):... Fundamentalism in American Religion and Law - Obama's Challenge to Patriarchy's Threat to Democracy (Paperback)
David A. J Richards
R883 Discovery Miles 8 830 Ships in 7 - 11 working days

Why, from Reagan to George Bush, have fundamentalists in religion and in law (originalists) exercised such political power and influence in the United States? Why has the Republican Party forged an ideology of judicial appointments (originalism) hostile to abortion and gay rights? Why and how did Barack Obama distinguish himself among Democratic candidates not only by his opposition to the Iraq war but by his opposition to originalism? This book argues that fundamentalism in both religion and law threatens democratic values and draws its appeal from a patriarchal psychology still alive in our personal and political lives and at threat from the constitutional developments since the 1960s. The argument analyzes this psychology (based on traumatic loss in intimate life) and resistance to it (based on the love of equals). Obama's resistance to originalism arises from his developmental history as a democratic, as opposed to patriarchal, man who resists the patriarchal demands on men and women that originalism enforces - in particular, the patriarchal love laws that tell people who and how and how much they may love.

The Rise of Gay Rights and the Fall of the British Empire - Liberal Resistance and the Bloomsbury Group (Paperback, New): David... The Rise of Gay Rights and the Fall of the British Empire - Liberal Resistance and the Bloomsbury Group (Paperback, New)
David A. J Richards
R801 Discovery Miles 8 010 Ships in 7 - 11 working days

This book argues that there is an important connection between ethical resistance to British imperialism and the ethical discovery of gay rights. By closely examining the roots of liberal resistance in Britain and resistance to patriarchy in the United States, this book shows that fighting the demands of patriarchal manhood and womanhood plays an important role in countering imperialism. Advocates of feminism and gay rights (in particular, the Bloomsbury Group in Britain) play an important public function in the criticism of imperialism because they resist the gender binary's role in rationalizing sexism and homophobia in both public and private life. The connection between the rise of gay rights and the fall of empire illuminates larger questions of the meaning of democracy and of universal human rights as shared human values that have appeared since World War II. The book also casts doubt on the thesis that arguments for gay rights must be extrinsic to democracy, and that they must reflect Western, as opposed to African or Asian, values. To the contrary, gay rights arise from within liberal democracy, and its critics polemically use such opposition to cover and rationalize their own failures of democracy."

Fundamentalism in American Religion and Law - Obama's Challenge to Patriarchy's Threat to Democracy (Hardcover):... Fundamentalism in American Religion and Law - Obama's Challenge to Patriarchy's Threat to Democracy (Hardcover)
David A. J Richards
R1,825 R1,723 Discovery Miles 17 230 Save R102 (6%) Ships in 10 - 15 working days

Why, from Reagan to George Bush, have fundamentalists in religion and in law (originalists) exercised such political power and influence in the United States? Why has the Republican Party forged an ideology of judicial appointments (originalism) hostile to abortion and gay rights? Why and how did Barack Obama distinguish himself among Democratic candidates not only by his opposition to the Iraq war but by his opposition to originalism? This book argues that fundamentalism in both religion and law threatens democratic values and draws its appeal from a patriarchal psychology still alive in our personal and political lives and at threat from the constitutional developments since the 1960s. The argument analyzes this psychology (based on traumatic loss in intimate life) and resistance to it (based on the love of equals). Obama's resistance to originalism arises from his developmental history as a democratic, as opposed to patriarchal, man who resists the patriarchal demands on men and women that originalism enforces - in particular, the patriarchal love laws that tell people who and how and how much they may love.

Patriarchal Religion, Sexuality, and Gender - A Critique of New Natural Law (Hardcover): Nicholas Bamforth, David A. J Richards Patriarchal Religion, Sexuality, and Gender - A Critique of New Natural Law (Hardcover)
Nicholas Bamforth, David A. J Richards
R2,184 Discovery Miles 21 840 Ships in 7 - 11 working days

Legal theorists are familiar with John Finnis's book Natural Law and Natural Rights, but usually overlook his interventions in US constitutional debates and his membership of a group of conservative Catholic thinkers, the 'new natural lawyers', led by theologian Germain Grisez. In fact, Finnis has repeatedly advocated conservative positions concerning lesbian and gay rights, contraception and abortion, and his substantive moral theory (as he himself acknowledges) derives from Grisez. Bamforth and Richards provide a detailed explanation of the work of the new natural lawyers within and outside the Catholic Church - the first truly comprehensive explanation available to legal theorists - and criticize Grisez's and Finnis's arguments concerning sexuality and gender. New natural law is, they argue, a theology rather than a secular theory, and one which is unappealing in a modern constitutional democracy. This book will be of interest to legal and political theorists, ethicists, theologians and scholars of religious history.

The Case for Gay Rights - From Bowers to Lawrence and Beyond (Hardcover): David A. J Richards The Case for Gay Rights - From Bowers to Lawrence and Beyond (Hardcover)
David A. J Richards
R850 R751 Discovery Miles 7 510 Save R99 (12%) Ships in 10 - 15 working days

As Americans wrestle with red-versus-blue debates over traditional values, defense of marriage, and gay rights, reason often seems to take a back seat to emotion. In response, David Richards, a widely respected legal scholar and long-time champion of gay rights, reflects upon the constitutional and democratic principles-relating to privacy, intimate life, free speech, tolerance, and conscience-that underpin these often heated debates.

The distillation of Richards's thirty-year advocacy for the rights of gays and lesbians, his book provides a reflective treatise on basic human rights that touch all of our lives. Drawing upon his own experiences as a gay man, Richards interweaves personal observations with philosophical, political, judicial, and psychological insights to make a compelling case that gays should be entitled to the same rights and protections that every American enjoys. Indeed, the call for gay rights can trace its lineage back to the powerful protest movements of the 1960s and 1970s, which demanded racial and sexual equality and ultimately overthrew the bigoted status quo.

Richards focuses particularly on two key Supreme Court cases: the 1986 decision in Bowers v. Hardwick upholding Georgia's anti-sodomy laws and the 2003 decision in Lawrence v. Texas striking down Texas anti-sodomy laws and overturning Bowers. He shows how Bowers arose in a period of constitutional crisis over the right to privacy and examines the opinions in light of the Court's division in Roe v. Wade. He then shows that Lawrence must be understood in the context of later cases, notably Casey and Romer, which required that Bowers be reconsidered and overruled. Along the way, he examines current debates over gays in the military and same-sex marriage, assesses the Massachusetts Supreme Court's decision to permit gay marriage, and critiques the 1996 Defense of Marriage Act.

Eloquent and impassioned, Richards's work crystallizes the essence of the argument for a much more expansive and tolerant view of gay rights in America. It also offers a touching account of one gay man's very personal struggle to find the voice he needed to speak truth to the powerful forces of discrimination.


Boys' Secrets and Men's Loves - : A Memoir (Hardcover): David A. J Richards Boys' Secrets and Men's Loves - : A Memoir (Hardcover)
David A. J Richards
R773 Discovery Miles 7 730 Ships in 7 - 11 working days
Patriarchal Religion, Sexuality, and Gender - A Critique of New Natural Law (Paperback): Nicholas Bamforth, David A. J Richards Patriarchal Religion, Sexuality, and Gender - A Critique of New Natural Law (Paperback)
Nicholas Bamforth, David A. J Richards
R1,032 Discovery Miles 10 320 Ships in 7 - 11 working days

Legal theorists are familiar with John Finnis's book Natural Law and Natural Rights, but usually overlook his interventions in US constitutional debates and his membership of a group of conservative Catholic thinkers, the 'new natural lawyers', led by theologian Germain Grisez. In fact, Finnis has repeatedly advocated conservative positions concerning lesbian and gay rights, contraception and abortion, and his substantive moral theory (as he himself acknowledges) derives from Grisez. Bamforth and Richards provide a detailed explanation of the work of the new natural lawyers within and outside the Catholic Church - the first truly comprehensive explanation available to legal theorists - and criticize Grisez's and Finnis's arguments concerning sexuality and gender. New natural law is, they argue, a theology rather than a secular theory, and one which is unappealing in a modern constitutional democracy. This book will be of interest to legal and political theorists, ethicists, theologians and scholars of religious history.

Foundations of American Constitutionalism (Hardcover): David A. J Richards Foundations of American Constitutionalism (Hardcover)
David A. J Richards
R3,729 Discovery Miles 37 290 Ships in 7 - 11 working days

David Richards here argues the position that understanding the intent of the Founders is essential to the legal interpretation of the United States Constitution. To this extent he makes common cause with conservative constitutional theorists, but he arrives at conclusions that differ radically from theirs. Indeed, his stated project here is to `reclaim' the Founders intent on behalf of the liberal humanist tradition they embodied. Richards examines the role of the Founders' understanding of history, philosophy, political theory, and political science in the evolution of their constitutional design. In his reconstruction, the Constitution emerges as a brilliant expression of European humanist and critical thought, shaped by such influences as the political ideas of Machiavelli, Harrington, Montesquieu, and Hume, the Lockean theory of legitimate government, and the common law model of interpretive practice. Armed with this new understanding of the Founders' intent, Richards is able to fully develop the methodology of constitutional interpretation sketched in his earlier book, TOLERATION AND THE CONSTITUTION (OUP 1986), and uses it effectively to defend a liberal reading of constitutional guarantees of individual rights.

Toleration and the Constitution (Paperback, New ed): David A. J Richards Toleration and the Constitution (Paperback, New ed)
David A. J Richards
R1,831 Discovery Miles 18 310 Ships in 7 - 11 working days

Why have the issues of religious liberty, free speech and constitutional privacy come to figure so prominently in our society? What are the origins of the basic principles of our constitutional law? This work develops a general theory of constitutional interpretation based on an original synthesis of political theory, history, law, and a larger approach to the interpretation of culture. Presenting both historical and theoretical arguments in support of a theory that affirms the moral sovereignty of the people, Richards maintains that toleration, or respect for conscience and individual freedom, is the central constitutional ideal. He discusses such current topics of constitutional controversy as church-state relations, the scope of free speech, and the application of the constitutional right to privacy, to abortion, and consensual adult sexual relations.

Sex, Drugs, Death, and the Law - An Essay on Human Rights and Overcriminalization (Paperback): David A. J Richards Sex, Drugs, Death, and the Law - An Essay on Human Rights and Overcriminalization (Paperback)
David A. J Richards
R839 Discovery Miles 8 390 Out of stock

Among the most commonly argued legal questions are those involving "victimless" crimes consensual adult sexual relations (including homosexuality and prostitution), the use of drugs, and the right to die. How can they be distinguished from proper crimes, and how can we, as citizens, judge the complex moral and legal issues that such questions entail? David Richards, a teacher of law in the areas of constitutional and criminal law, and a moral and legal philosopher concerned with the investigation of legal concepts, applies an interdisciplinary approach to the question of overcriminalization, he draws on legal and philosophical arguments and links the subject to history, psychology, social science, and literature. To demonstrate how gross and unjust overcriminalization has developed, Professor Richards explores basic assumptions that often underlie the common American sense of proper criminalization.

Resisting Injustice and the Feminist Ethics of Care in the Age of Obama - "Suddenly,...All the Truth Was Coming Out"... Resisting Injustice and the Feminist Ethics of Care in the Age of Obama - "Suddenly,...All the Truth Was Coming Out" (Paperback)
David A. J Richards
R1,266 Discovery Miles 12 660 Ships in 7 - 11 working days

David A. J. Richards's Resisting Injustice and The Feminist Ethics of Care in The Age of Obama: "Suddenly,...All The Truth Was Coming Out" builds on his and Carol Gilligan's The Deepening Darkness to examine the roots of the resistance movements of the 1960s, the political psychology behind contemporary conservatism, and President Obama's present-day appeal as well as the reasons for the reactionary politics against him. Richards begins by laying out the basics of the ethics of care and proposing an alternative basis for ethics: relationality, which is based in convergent findings in infant research, neuroscience, and evolutionary psychology. He critically analyzes patriarchal politics and states that they are rooted in a reactionary psychology that attacks human relationality and ethics. From there, the book examines the 1960s resistance movements and argues that they were fundamentally oriented around challenging patriarchy. Richards asserts that the reactionary politics in America from the 1960s to the present are in service of an American patriarchy threatened by the resistance movements ranging from the 1960s civil rights movements to the present gay rights movement. Reactionary politics intend to marginalize and even reverse the ethical achievements accomplished by resistance movements-creating, in effect, a system of patriarchy hiding in democracy. Richards consequently argues that Obama's appeal is connected to his challenge to this system of patriarchy and will examine both Obama's appeal and the reactions against him in light of the 2012 presidential election. This book positions recent American political development in a broad analysis of the role of patriarchy in human oppression throughout history, and argues that a feminist-based ethics of care is necessary to form a more humane and inclusive democratic politics.

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