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Getting Over Equality - A Critical Diagnosis of Religious Freedom in America (Hardcover): Steven D. Smith Getting Over Equality - A Critical Diagnosis of Religious Freedom in America (Hardcover)
Steven D. Smith
R1,964 Discovery Miles 19 640 Shipped within 7 - 11 working days

"Ambitious in scope, yet full of detailed and incisive criticisms of specific cases and theological principles, "Getting Over Equality" is an uncommon work of truly interdisciplinary scholarship. The provocative legal and theological theses make it a welcome addition to contemporary scholarship in both fields and a recommended text from any course that considers law and religion in the American context."--"The Journal of Religion"

Questions of religious freedom continue to excite passionate public debate. Proposals involving school prayer and the posting of the Ten Commandments in schools and courtrooms perennially spur controversy. But there is also a sense that the prevailing discourse is exhausted, that no one seems to know how to think about religious freedom in a way that moves beyond our stale, counterproductive thinking on this issue.

In Getting over Equality, Steven D. Smith, one of the most important voices now writing about religious liberty, provocatively contends that we must get over our presumptionmistakenly believed to be rooted in the Constitutionthat all religions are equally true and virtuous and "authentically American." Smith puts forth an alternative view, that the courts should promote an ideal of tolerance rather than equality and neutrality. Examining such controversial examples as the animal sacrifice case, the peyote case, and the problem of aid to parochial schools, Smith delineates a way for us to tolerate and respect contrary creeds without sacrificing or diluting our own beliefsand without pretending to believe in a spurious "equality" among the variety of diverse faiths.

The Disenchantment of Secular Discourse (Hardcover): Steven D. Smith The Disenchantment of Secular Discourse (Hardcover)
Steven D. Smith
R629 Discovery Miles 6 290 Shipped within 20 - 25 working days

Prominent observers complain that public discourse in America is shallow and unedifying. This debased condition is often attributed to, among other things, the resurgence of religion in public life. Steven Smith argues that this diagnosis has the matter backwards: it is not primarily religion but rather the strictures of secular rationalism that have drained our modern discourse of force and authenticity.

Thus, Rawlsian public reason filters appeals to religion or other comprehensive doctrines out of public deliberation. But these restrictions have the effect of excluding our deepest normative commitments, virtually assuring that the discourse will be shallow. Furthermore, because we cannot defend our normative positions without resorting to convictions that secular discourse deems inadmissible, we are frequently forced to smuggle in those convictions under the guise of benign notions such as freedom or equality.

Smith suggests that this sort of smuggling is pervasive in modern secular discourse. He shows this by considering a series of controversial, contemporary issues, including the Supreme Court s assisted-suicide decisions, the harm principle, separation of church and state, and freedom of conscience. He concludes by suggesting that it is possible and desirable to free public discourse of the constraints associated with secularism and public reason.

Progress in Silicones and Silicone-Modified Materials (Hardcover): Stephen J. Clarson, Michael J. Owen, Steven D. Smith, Mark... Progress in Silicones and Silicone-Modified Materials (Hardcover)
Stephen J. Clarson, Michael J. Owen, Steven D. Smith, Mark Van Dyke, Michael Brook, …
R2,174 Discovery Miles 21 740 Shipped within 20 - 25 working days

Silicon, silica and silicones each have important but separate technological roles to play for mankind in this millennium. All three have the element silicon (Si) in common but they have unique and distinctive chemistries, properties and applications. This book describes recent advances in silicones and the advanced materials which are based on the siloxane bond (Si-O). We have seen tremendous developments in silicon-based materials over the past century and yet clearly there is still much potential for new advanced materials based on the siloaxne bond. With the high abundance of silicon and oxygen on Earth, we are probably working with the most sustainable and "green" materials if we adopt the correct materials chemistry, materials processing, materials recovery and materials reuse strategies.

Man and Animal in Severan Rome - The Literary Imagination of Claudius Aelianus (Hardcover): Steven D. Smith Man and Animal in Severan Rome - The Literary Imagination of Claudius Aelianus (Hardcover)
Steven D. Smith
R1,741 R1,613 Discovery Miles 16 130 Save R128 (7%) Shipped within 20 - 25 working days

The Roman sophist Claudius Aelianus, born in Praeneste in the late second century CE, spent his career cultivating a Greek literary persona. Aelian was a highly regarded writer during his own lifetime, and his literary compilations would be influential for a thousand years and more in the Roman world. This book argues that the De natura animalium, a miscellaneous treasury of animal lore and Aelian's greatest work, is a sophisticated literary critique of Severan Rome. Aelian's fascination with animals reflects the cultural issues of his day: philosophy, religion, the exoticism of Egypt and India, sex, gender, and imperial politics. This study also considers how Aelian's interests in the De natura animalium are echoed in his other works, the Rustic Letters and the Varia Historia. Himself a prominent figure of mainstream Roman Hellenism, Aelian refined his literary aesthetic to produce a reading of nature that is both moral and provocative.

Pagans and Christians in the City - Culture Wars from the Tiber to the Potomac (Hardcover): Steven D. Smith Pagans and Christians in the City - Culture Wars from the Tiber to the Potomac (Hardcover)
Steven D. Smith
R932 R674 Discovery Miles 6 740 Save R258 (28%) Shipped within 20 - 25 working days

Traditionalist Christians who oppose same-sex marriage and other cultural developments in the US wonder why they are being forced to bracket their beliefs in order to participate in public life. This situation is not new, says Steven D. Smith: Christians two thousand years ago in the Roman Empire faced similar challenges and questions. Starting with T. S. Eliot's claim that the future of the West would be determined by a contest between Christianity and "modern paganism," Smith argues in Pagans and Christians in the City that today's culture wars can be seen as a contemporary reprise of the basic antagonism that pitted pagans against Christians in the late Roman Empire. He looks at that historical conflict and explores how the same competing orientations continue to clash today. Readers on both sides of the culture wars, Smith shows, have much to learn from seeing how patterns from ancient history are reemerging in today's most controversial issues.

Greek Epigram and Byzantine Culture - Gender, Desire, and Denial in the Age of Justinian (Hardcover): Steven D. Smith Greek Epigram and Byzantine Culture - Gender, Desire, and Denial in the Age of Justinian (Hardcover)
Steven D. Smith
R1,801 Discovery Miles 18 010 Shipped within 7 - 11 working days

Sexy, scintillating, and sometimes scandalous, Greek epigrams from the age of the Emperor Justinian commemorate the survival of the sensual in a world transformed by Christianity. Around 567 CE, the poet and historian Agathias of Myrina published his Cycle, an anthology of epigrams by contemporary poets who wrote about what mattered to elite men in sixth-century Constantinople: harlots and dancing girls, chariot races in the hippodrome, and the luxuries of the Roman bath. But amid this banquet of worldly delights, ascetic Christianity - pervasive in early Byzantine thought - made sensual pleasure both more complicated and more compelling. In this book, Steven D. Smith explores how this miniature classical genre gave expression to lurid fantasies of domination and submission, constraint and release, and the relationship between masculine and feminine. The volume will appeal to literary scholars and historians interested in Greek poetry, Late Antiquity, Byzantine studies, early Christianity, gender, and sexuality.

Partisans, Guerillas, and Irregulars - Historical Archaeology of Asymmetric Warfare (Hardcover): Steven D. Smith Partisans, Guerillas, and Irregulars - Historical Archaeology of Asymmetric Warfare (Hardcover)
Steven D. Smith; Contributions by Steven D. Smith; Edited by Clarence R. Geier; Contributions by Clarence R. Geier, Wade P Catts, …
R1,019 Discovery Miles 10 190 Shipped within 7 - 11 working days

Essays that explore the growing field of conflict archaeology. Within the last twenty years, the archaeology of conflict has emerged as a valuable sub-discipline within anthropology, contributing greatly to our knowledge and understanding of human conflict on a global scale. Although archaeologists have clearly demonstrated their utility in the study of large-scale battles and sites of conventional warfare, such as camps and forts, conflicts involving asymmetric, guerilla, or irregular warfare are largely missing from the historical record. Partisans, Guerillas, and Irregulars: Historical Archaeology of Asymmetric Warfare presents recent examples of how historical archaeology can contribute to a better understanding of asymmetric warfare. The volume introduces readers to this growing study and to its historic importance. Contributors illustrate how the wide range of traditional and new methods and techniques of historiography and archaeology can be applied to expose critical actions, sacrifices, and accomplishments of competing groups representing opposing philosophies and ways of life, which are otherwise lost in time. The case studies offered cover significant events in American and world history, including the French and Indian War, the American Revolution, Indian wars in the Southeast and Southwest, the Civil War, Reconstruction, Prohibition, and World War II. All such examples used here took place at a local or regional level, and several were singular events within a much larger and more complex historic movement. While retained in local memory or tradition, and despite their potential importance, they are poorly, and incompletely addressed in the historic record. Furthermore, these conflicts took place between groups of significantly different cultural and military traditions and capabilities, most taking on a ""David vs. Goliath"" character, further shaping the definition of asymmetric warfare.

The Rise and Decline of American Religious Freedom (Hardcover): Steven D. Smith The Rise and Decline of American Religious Freedom (Hardcover)
Steven D. Smith
R904 R827 Discovery Miles 8 270 Save R77 (9%) Shipped within 7 - 11 working days

Familiar accounts of religious freedom in the United States often tell a story of visionary founders who broke from the centuries-old patterns of Christendom to establish a political arrangement committed to secular and religiously neutral government. These novel commitments were supposedly embodied in the religion clauses of the First Amendment. But this story is largely a fairytale, Steven Smith says in this incisive examination of a much-mythologized subject. He makes the case that the American achievement was not a rejection of Christian commitments but a retrieval of classic Christian ideals of freedom of the church and freedom of conscience. Smith maintains that the distinctive American contribution to religious freedom was not in the First Amendment, which was intended merely to preserve the political status quo in matters of religion. What was important was the commitment to open contestation between secularist and providentialist understandings of the nation which evolved over the nineteenth century. In the twentieth century, far from vindicating constitutional principles, as conventional wisdom suggests, the Supreme Court imposed secular neutrality, which effectively repudiated this commitment to open contestation. Rather than upholding what was distinctively American and constitutional, these decisions subverted it. The negative consequences are visible today in the incoherence of religion clause jurisprudence and the intense culture wars in American politics.

Judicial Activism - An Interdisciplinary Approach to the American and European Experiences (Hardcover, 2015 ed.): Luis Pereira... Judicial Activism - An Interdisciplinary Approach to the American and European Experiences (Hardcover, 2015 ed.)
Luis Pereira Coutinho, Massimo La Torre, Steven D. Smith
R2,813 R2,353 Discovery Miles 23 530 Save R460 (16%) Shipped within 20 - 25 working days

This volume offers different perspectives on judicial practice in the European and American contexts, both arguably characterized in the last decades by the emergence of novel normative and even policy arguments by judges. The central question deserving the attention of the contributors concerns the degree in which judicial exercises in practical reasoning may amount to forms of judicial usurpation of the legislative function by courts. Since different views as to the nature and scope of legal reasoning lead to different degrees of tolerance regarding what should be admissible to courts, that same nature and scope is thoroughly debated. The main disciplinary approach is that of general jurisprudence, but the contributions take stock of other disciplines in which judicial activism has been addressed, namely positive theories of judicial behavior. Accordingly, the book also explores the development of interdisciplinary dialogue about the theme.

The Life of Francis Marion (Paperback): William Gilmore Simms The Life of Francis Marion (Paperback)
William Gilmore Simms; Introduction by Steven D. Smith
R818 Discovery Miles 8 180 Shipped within 7 - 11 working days

In partnership with the University of South Carolina Press, the Simms Initiatives at the University of South Carolina Libraries reissue authoritative editions of out of print works by William Gilmore Simms, antebellum South Carolina's preeminent man of letters. Each volume also includes a new scholarly introduction. This is a facsimile of the 1844 edition, with critical introduction by Steven D. Smith and biographical overview by David Moltke-Hansen.

White Mountain Guide - Amc's Comprehensive Guide to Hiking Trails in the White Mountain National Forest (Paperback, 30th... White Mountain Guide - Amc's Comprehensive Guide to Hiking Trails in the White Mountain National Forest (Paperback, 30th Edition)
Steven D. Smith
R485 R385 Discovery Miles 3 850 Save R100 (21%) Shipped within 7 - 11 working days
Southern New Hampshire Trail Guide - Amc's Comprehensive Guide to Hiking Trails, Featuring Monadnock, Cardigan, Kearsarge,... Southern New Hampshire Trail Guide - Amc's Comprehensive Guide to Hiking Trails, Featuring Monadnock, Cardigan, Kearsarge, Lakes Region (Paperback, 4th Edition)
Steven D. Smith
R450 R355 Discovery Miles 3 550 Save R95 (21%) Shipped within 7 - 11 working days
Man and Animal in Severan Rome - The Literary Imagination of Claudius Aelianus (Paperback): Steven D. Smith Man and Animal in Severan Rome - The Literary Imagination of Claudius Aelianus (Paperback)
Steven D. Smith
R680 Discovery Miles 6 800 Shipped within 7 - 11 working days

The Roman sophist Claudius Aelianus, born in Praeneste in the late second century CE, spent his career cultivating a Greek literary persona. Aelian was a highly regarded writer during his own lifetime, and his literary compilations would be influential for a thousand years and more in the Roman world. This book argues that the De natura animalium, a miscellaneous treasury of animal lore and Aelian's greatest work, is a sophisticated literary critique of Severan Rome. Aelian's fascination with animals reflects the cultural issues of his day: philosophy, religion, the exoticism of Egypt and India, sex, gender, and imperial politics. This study also considers how Aelian's interests in the De natura animalium are echoed in his other works, the Rustic Letters and the Varia Historia. Himself a prominent figure of mainstream Roman Hellenism, Aelian refined his literary aesthetic to produce a reading of nature that is both moral and provocative.

Ponds and Lakes of the White Mountains - A Four-Season Guide for Hikers and Anglers (Paperback, Second Edition): Steven D. Smith Ponds and Lakes of the White Mountains - A Four-Season Guide for Hikers and Anglers (Paperback, Second Edition)
Steven D. Smith
R437 R371 Discovery Miles 3 710 Save R66 (15%) Shipped within 7 - 11 working days

The second revised edition of this companion to the ponds and lakes of New Hampshire's White mountains celebrates their rich diversity: You can hike, ski, snowshoe, swim, paddle a canoe, watch birds or moose, or simply linger by a sunny shore. Expanded fishing information tells you where to cast a line for small-mouth bass, perch, native speckled trout, and more. The ponds that Smith describes range from a tree-lined roadside beauty perfect for a spontaneous swim to an isolated mountain tarn reached only after a day of serious hiking or snowshoeing. He weaves into the text anecdotes and quotations culled from old guidebooks and local history. Additional information includes a bibliography and the author's lists of everything from the best ponds for a family hike to the best rocks to sit on. Each of the 68 descriptions include: * A trail description * Directions to road or trailhead access, with a topographical map * A summary of hiking facts, pond and lake statistics, activities, and fishing opportunities * Descriptions of nearby overlooks that offer bird's-eye views * Notes on visiting in winter

Foreordained Failure - The Quest for a Constitutional Principle of Religious Freedom (Paperback, Revised): Steven D. Smith Foreordained Failure - The Quest for a Constitutional Principle of Religious Freedom (Paperback, Revised)
Steven D. Smith
R1,481 Discovery Miles 14 810 Shipped within 7 - 11 working days

Ever since the Supreme Court began enforcing the First Amendment's religion clauses in the 1940s, courts and scholars have tried to distil the meaning of those clauses into a usable principle of religious freedom. In this highly original work, intersecting the fields of politics, law, and religion, Smith criticizes the main positions in the debate and explains their misconception.

The Constitution and the Pride of Reason (Hardcover): Steven D. Smith The Constitution and the Pride of Reason (Hardcover)
Steven D. Smith
R3,167 Discovery Miles 31 670 Shipped within 7 - 11 working days

Attempting to realize Plato's vision of a republic governed by "reason," American constitutionalists, according to Steven D. Smith's bold new critical study, have instead reenacted the Tower of Babel myth, producing a constitutional discourse marked by rampant confusion, elaborate sophistry, and thinly veiled authoritarian bullying. How is it that the pursuit of such lofty aims by yesterday's framers and today's scholars has left us mired in a constitutional morass?
This timely book ponders that question with the intellectual vigor it deserves. Observing that standard accounts of constitutional law--both the "conservative" and "liberal" varieties--have lost their power to illuminate, The Constitution and the Pride of Reason explores how constitutional law hangs together (and how it falls apart) by investigating the perennial claim that the Constitution and its interpretation somehow embody a commitment to governance by "reason." What does this claim mean, and is it valid? In confronting these queries, Smith offers revealing and iconoclastic assessments of constitutionalists ranging from Madison and Jefferson to Dworkin and Bork. Also detailed in these pages is a provocative overview of the whole constitutional project, from its noble aspirations to its tragic failures.
A truly visionary work that investigates the scholarship, the design, and the history of the quintessential American legal document, this volume also sensibly reflects on the meaning and possibility of the ethical commitment to the "life of reason." It will appeal not only to students of constitutional law but also to those interested in political science, philosophy, and American history.

Law's Quandary (Paperback): Steven D. Smith Law's Quandary (Paperback)
Steven D. Smith
R820 Discovery Miles 8 200 Shipped within 7 - 11 working days

This lively book reassesses a century of jurisprudential thought from a fresh perspective, and points to a malaise that currently afflicts not only legal theory but law in general. Steven Smith argues that our legal vocabulary and methods of reasoning presuppose classical ontological commitments that were explicitly articulated by thinkers from Aquinas to Coke to Blackstone, and even by Joseph Story. But these commitments are out of sync with the world view that prevails today in academic and professional thinking. So our law-talk thus degenerates into "just words"--or a kind of nonsense.

The diagnosis is similar to that offered by Holmes, the Legal Realists, and other critics over the past century, except that these critics assumed that the older ontological commitments were dead, or at least on their way to extinction; so their aim was to purge legal discourse of what they saw as an archaic and fading metaphysics. Smith's argument starts with essentially the same metaphysical predicament but moves in the opposite direction. Instead of avoiding or marginalizing the "ultimate questions," he argues that we need to face up to them and consider their implications for law.

Archaeology, History and Predictive Modeling - Thirty Years of Research at Fort Polk (Paperback, 2nd ed.): David G. Anderson,... Archaeology, History and Predictive Modeling - Thirty Years of Research at Fort Polk (Paperback, 2nd ed.)
David G. Anderson, Steven D. Smith
R877 Discovery Miles 8 770 Out of stock

Fort Polk Military Reservation encompasses approximately 139,000 acres in western Louisiana 40 miles southwest of Alexandria. As a result of federal mandates for cultural resource investigation, more archaeological work has been undertaken there, beginning in the 1970s, than has occurred at any other comparably sized area in Louisiana or at most other localities in the southeastern United States. The extensive program of survey, excavation, testing, and large-scale data and artifact recovery, as well as historic and archival research, has yielded a massive amount of information. While superbly curated by the U.S. Army, the material has been difficult to examine and comprehend in its totality.

With this volume, Anderson and Smith collate and synthesize all the information into a comprehensive whole. Included are previous investigations, an overview of local environmental conditions, base military history and architecture, and the prehistoric and historic cultural sequence. An analysis of location, environmental, and assemblage data employing a sample of more than 2,800 sites and isolated finds was used to develop a predictive model that identifies areas where significant cultural resources are likely to occur. Developed in 1995, this model has already proven to be highly accurate and easy to use.

"Archaeology, History, and Predictive Modeling" will allow scholars to more easily examine the record of human activity over the past 13,000 or more years in this part of western Louisiana and adjacent portions of east Texas. It will be useful to southeastern archaeologists and anthropologists, both professional and amateur.

David G. Anderson is an archaeologist with the National Park Service's Southeast Archeological Center in Tallahassee, Florida, and coeditor of "The Woodland Southeast."Steven D. Smith is with SCIAA in Columbia, South Carolina. J.W. Joseph and Mary Beth Reed are with New South Associates in Stone Mountain, Georgia.

Various Artists - Bad Girls (CD): Giorgio Moroder, Pete Bellotte, Steven D. Smith, Ted Jensen, Jurgen Koppers, Harold... Various Artists - Bad Girls (CD)
Giorgio Moroder, Pete Bellotte, Steven D. Smith, Ted Jensen, Jurgen Koppers, …
R264 Discovery Miles 2 640 Out of stock
Greek Identity and the Athenian Past in Chariton (Hardcover): Steven D. Smith Greek Identity and the Athenian Past in Chariton (Hardcover)
Steven D. Smith
R2,539 Discovery Miles 25 390 Out of stock

I, Chariton of Aphrodisias, secretary of the rhetor Athenagorus, shall relate a love story that took place in Syracuse. Thus begins the earliest of the canonical Greek romances, the 1st century CE historical novel known as Callirhoe. Chariton's erotic tale is about the constancy of love in a world where virtue is always in danger of being corrupted. Chaereas and Callirhoe fall in love, but then are tragically separated after the heroine, believed dead, is buried alive. Each is eventually sold into slavery in the East, and Callirhoe herself contemplates the abortion of her unborn child when she is forced to marry a man she does not love. Hero and heroine are finally reunited in the foreign city of Babylon, only to be plunged into a war between Persia and Egypt.Classical Athenian historiography, philosophy, oratory, myth and drama were all integral in shaping this timely work of fiction set in the years following Athens' doomed Sicilian Expedition (415-413 BC). Chariton's novel is more, though, than just a romanticized representation of a famous episode from Greek history. The novel is clearly meant to be read for pleasure, but it also has a political edge. By imaginatively redeploying Athenian literature and political discourse in the construction of his fictional world, Chariton gives voice to contemporary concerns about freedom, tyranny, the ever-expanding meaning of Greek identity, and the role of Greek culture in a world dominated by Rome. This is a book that will be of value to anyone interested in Greek literature, the classical tradition, and the complex relationship between art and empire.

Silicones and Silicone-Modified Materials (Hardcover): Stephen J. Clarson, John J Fitzgerald, Michael J. Owen, Steven D. Smith Silicones and Silicone-Modified Materials (Hardcover)
Stephen J. Clarson, John J Fitzgerald, Michael J. Owen, Steven D. Smith
R3,771 Discovery Miles 37 710 Out of stock

Commercial silicone-based products range from those entirely composed of silicones, to products where silicone is a small, but key component. Silicones are widely used in the polymer industtry as elastomers, pressure sensitive adhesives, in water-borne systems, biomedical products surface and interfacial agents, personal care products, processing aids, electronics encapsulents, and other applications. Silicones and Silicone-Modified Materials examines recent academic and technological developments of this growing industry.

Synthesis and Properties of Silicones and Silicone-Modified Materials (Hardcover): Stephen J. Clarson, John J Fitzgerald,... Synthesis and Properties of Silicones and Silicone-Modified Materials (Hardcover)
Stephen J. Clarson, John J Fitzgerald, Michael J. Owen, Steven D. Smith, Mark E. Van Dyke
R5,157 Discovery Miles 51 570 Out of stock

Synthesis and Properties of Silicones and Silicone-Modified Materials includes sections on synthesis, characterization, elastomers and reinforcement, surfaces and interfaces, copolymers, and reinforcing fillers. Synthesis and Properties of Silicones and Silicone-Modified Materials reviews recent academic and technological developments behind silicones and silicone-modified materials. Synthesis and Properties of Silicones and Silicone-Modified Materials includes sections on synthesis, characterization, elastomers and reinforcement, surfaces and interfaces, copolymers, and reinforcing fillers. Synthesis and Properties of Silicones and Silicone-Modified Materials reviews recent academic and technological developments behind silicones and silicone-modified materials.

Against the Law (Hardcover, New): Paul F. Campos, Pierre Schlag, Steven D. Smith Against the Law (Hardcover, New)
Paul F. Campos, Pierre Schlag, Steven D. Smith
R1,856 Discovery Miles 18 560 Out of stock

A fundamental critique of American law and legal thought, Against the Law consists of a series of essays written from three different perspectives that coalesce into a deep criticism of contemporary legal culture. Paul F. Campos, Pierre Schlag, and Steven D. Smith challenge the conventional representations of the legal system that are articulated and defended by American legal scholars. Unorthodox, irreverent, and provocative, Against the Law demonstrates that for many in the legal community, law has become a kind of substitute religion-an essentially idolatrous practice composed of systematic self-misrepresentation and self-deception. Linked by a persistent inquiry into the nature and identity of "the law," these essays are informed by the conviction that the conventional representations of law, both in law schools and the courts, cannot be taken at face value-that the law, as commonly conceived, makes no sense. The authors argue that the relentlessly normative prescriptions of American legal thinkers are frequently futile and, indeed, often pernicious. They also argue that the failure to recognize the role that authorship must play in the production of legal thought plagues both the teaching and the practice of American law. Ranging from the institutional to the psychological and metaphysical deficiencies of the American legal system, the depth of criticism offered by Against the Law is unprecedented. In a departure from the nearly universal legitimating and reformist tendencies of American legal thought, this book will be of interest not only to the legal academics under attack in the book, but also to sociologists, historians, and social theorists. More particularly, it will engage all the American lawyers who suspect that there is something very wrong with the nature and direction of their profession, law students who anticipate becoming part of that profession, and those readers concerned with the status of the American legal system.

Against the Law (Paperback, New): Paul F. Campos, Pierre Schlag, Steven D. Smith Against the Law (Paperback, New)
Paul F. Campos, Pierre Schlag, Steven D. Smith
R515 R480 Discovery Miles 4 800 Save R35 (7%) Out of stock

A fundamental critique of American law and legal thought, Against the Law consists of a series of essays written from three different perspectives that coalesce into a deep criticism of contemporary legal culture. Paul F. Campos, Pierre Schlag, and Steven D. Smith challenge the conventional representations of the legal system that are articulated and defended by American legal scholars. Unorthodox, irreverent, and provocative, Against the Law demonstrates that for many in the legal community, law has become a kind of substitute religion-an essentially idolatrous practice composed of systematic self-misrepresentation and self-deception. Linked by a persistent inquiry into the nature and identity of "the law," these essays are informed by the conviction that the conventional representations of law, both in law schools and the courts, cannot be taken at face value-that the law, as commonly conceived, makes no sense. The authors argue that the relentlessly normative prescriptions of American legal thinkers are frequently futile and, indeed, often pernicious. They also argue that the failure to recognize the role that authorship must play in the production of legal thought plagues both the teaching and the practice of American law. Ranging from the institutional to the psychological and metaphysical deficiencies of the American legal system, the depth of criticism offered by Against the Law is unprecedented. In a departure from the nearly universal legitimating and reformist tendencies of American legal thought, this book will be of interest not only to the legal academics under attack in the book, but also to sociologists, historians, and social theorists. More particularly, it will engage all the American lawyers who suspect that there is something very wrong with the nature and direction of their profession, law students who anticipate becoming part of that profession, and those readers concerned with the status of the American legal system.

Judicial Activism - An Interdisciplinary Approach to the American and European Experiences (Paperback, Softcover reprint of the... Judicial Activism - An Interdisciplinary Approach to the American and European Experiences (Paperback, Softcover reprint of the original 1st ed. 2015)
Luis Pereira Coutinho, Steven D. Smith
R2,177 Discovery Miles 21 770 Out of stock

This volume offers different perspectives on judicial practice in the European and American contexts, both arguably characterized in the last decades by the emergence of novel normative and even policy arguments by judges. The central question deserving the attention of the contributors concerns the degree in which judicial exercises in practical reasoning may amount to forms of judicial usurpation of the legislative function by courts. Since different views as to the nature and scope of legal reasoning lead to different degrees of tolerance regarding what should be admissible to courts, that same nature and scope is thoroughly debated. The main disciplinary approach is that of general jurisprudence, but the contributions take stock of other disciplines in which judicial activism has been addressed, namely positive theories of judicial behavior. Accordingly, the book also explores the development of interdisciplinary dialogue about the theme.

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