Dissent and the Supreme Court

Dissent and the Supreme Court

Author: Melvin I. Urofsky

Publisher: Vintage

Published: 2017-01-10

Total Pages: 546

ISBN-13: 030774132X

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“Highly illuminating ... for anyone interested in the Constitution, the Supreme Court, and the American democracy, lawyer and layperson alike." —The Los Angeles Review of Books In his major work, acclaimed historian and judicial authority Melvin Urofsky examines the great dissents throughout the Court’s long history. Constitutional dialogue is one of the ways in which we as a people reinvent and reinvigorate our democratic society. The Supreme Court has interpreted the meaning of the Constitution, acknowledged that the Court’s majority opinions have not always been right, and initiated a critical discourse about what a particular decision should mean before fashioning subsequent decisions—largely through the power of dissent. Urofsky shows how the practice grew slowly but steadily, beginning with the infamous and now overturned case of Dred Scott v. Sandford (1857) during which Chief Justice Roger Taney’s opinion upheld slavery and ending with the present age of incivility, in which reasoned dialogue seems less and less possible. Dissent on the court and off, Urofsky argues in this major work, has been a crucial ingredient in keeping the Constitution alive and must continue to be so.


Book Synopsis Dissent and the Supreme Court by : Melvin I. Urofsky

Download or read book Dissent and the Supreme Court written by Melvin I. Urofsky and published by Vintage. This book was released on 2017-01-10 with total page 546 pages. Available in PDF, EPUB and Kindle. Book excerpt: “Highly illuminating ... for anyone interested in the Constitution, the Supreme Court, and the American democracy, lawyer and layperson alike." —The Los Angeles Review of Books In his major work, acclaimed historian and judicial authority Melvin Urofsky examines the great dissents throughout the Court’s long history. Constitutional dialogue is one of the ways in which we as a people reinvent and reinvigorate our democratic society. The Supreme Court has interpreted the meaning of the Constitution, acknowledged that the Court’s majority opinions have not always been right, and initiated a critical discourse about what a particular decision should mean before fashioning subsequent decisions—largely through the power of dissent. Urofsky shows how the practice grew slowly but steadily, beginning with the infamous and now overturned case of Dred Scott v. Sandford (1857) during which Chief Justice Roger Taney’s opinion upheld slavery and ending with the present age of incivility, in which reasoned dialogue seems less and less possible. Dissent on the court and off, Urofsky argues in this major work, has been a crucial ingredient in keeping the Constitution alive and must continue to be so.

Dissent and Consensus

Dissent and Consensus

Author: Basudeb Chattopadhyay

Publisher:

Published: 1989

Total Pages: 318

ISBN-13:

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In Most Of The Recent Studies On Protest In Historical Perspective, It Is Often Forgotten That Protect Has Many Faces. The Historians Contributing To This Volume Are: Basudeb Chattopadhyay, Arun Bandopadhyay, Parimal Ghosh, Rajat Kanta Ray, Sekhar Bandopadhyay, Hari S. Vasudevan, Suranjan Das And Bhaskar, Chakraborty. Without Dust Jacket.


Book Synopsis Dissent and Consensus by : Basudeb Chattopadhyay

Download or read book Dissent and Consensus written by Basudeb Chattopadhyay and published by . This book was released on 1989 with total page 318 pages. Available in PDF, EPUB and Kindle. Book excerpt: In Most Of The Recent Studies On Protest In Historical Perspective, It Is Often Forgotten That Protect Has Many Faces. The Historians Contributing To This Volume Are: Basudeb Chattopadhyay, Arun Bandopadhyay, Parimal Ghosh, Rajat Kanta Ray, Sekhar Bandopadhyay, Hari S. Vasudevan, Suranjan Das And Bhaskar, Chakraborty. Without Dust Jacket.

Tyranny of Consensus

Tyranny of Consensus

Author: Janne E. Nolan

Publisher:

Published:

Total Pages: 0

ISBN-13: 9780870785351

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Book Synopsis Tyranny of Consensus by : Janne E. Nolan

Download or read book Tyranny of Consensus written by Janne E. Nolan and published by . This book was released on with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt:

In Defense of Troublemakers

In Defense of Troublemakers

Author: Charlan Nemeth

Publisher: Basic Books

Published: 2018-03-20

Total Pages: 272

ISBN-13: 0465096301

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An eminent psychologist explains why dissent should be cherished, not feared We've decided by consensus that consensus is good. In In Defense of Troublemakers, psychologist Charlan Nemeth argues that this principle is completely wrong: left unchallenged, the majority opinion is often biased, unoriginal, or false. It leads planes and markets to crash, causes juries to convict innocent people, and can quite literally make people think blue is green. In the name of comity, we embrace stupidity. We can make better decisions by embracing dissent. Dissent forces us to question the status quo, consider more information, and engage in creative decision-making. From Twelve Angry Men to Edward Snowden, lone objectors who make people question their assumptions bring groups far closer to truth--regardless of whether they are right or wrong. Essential reading for anyone who works in groups, In Defense of Troublemakers will radically change the way you think, listen, and make decisions.


Book Synopsis In Defense of Troublemakers by : Charlan Nemeth

Download or read book In Defense of Troublemakers written by Charlan Nemeth and published by Basic Books. This book was released on 2018-03-20 with total page 272 pages. Available in PDF, EPUB and Kindle. Book excerpt: An eminent psychologist explains why dissent should be cherished, not feared We've decided by consensus that consensus is good. In In Defense of Troublemakers, psychologist Charlan Nemeth argues that this principle is completely wrong: left unchallenged, the majority opinion is often biased, unoriginal, or false. It leads planes and markets to crash, causes juries to convict innocent people, and can quite literally make people think blue is green. In the name of comity, we embrace stupidity. We can make better decisions by embracing dissent. Dissent forces us to question the status quo, consider more information, and engage in creative decision-making. From Twelve Angry Men to Edward Snowden, lone objectors who make people question their assumptions bring groups far closer to truth--regardless of whether they are right or wrong. Essential reading for anyone who works in groups, In Defense of Troublemakers will radically change the way you think, listen, and make decisions.

Wars, Internal Conflicts, and Political Order

Wars, Internal Conflicts, and Political Order

Author: Gad Barzilai

Publisher: SUNY Press

Published: 1996-07-03

Total Pages: 316

ISBN-13: 9780791429440

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This is the first comprehensive research study to analyze and explain the influence the prolonged Arab-Israeli conflict has had on Israel. It focuses on the manner in which all of the Israeli-Arab wars since 1949, including the Intifada and the Gulf War, have affected state and society in Israel. In addition, it examines the influences of other, more limited Israeli military operations. These subjects are investigated within a broad theoretical framework based on a critical analysis of the literature. The author suggests an analytic qualitative model for understanding wars and internal political order and makes significant corrections to paradigms that deal with political order and wars, from the Marxist paradigm to the liberal paradigm.


Book Synopsis Wars, Internal Conflicts, and Political Order by : Gad Barzilai

Download or read book Wars, Internal Conflicts, and Political Order written by Gad Barzilai and published by SUNY Press. This book was released on 1996-07-03 with total page 316 pages. Available in PDF, EPUB and Kindle. Book excerpt: This is the first comprehensive research study to analyze and explain the influence the prolonged Arab-Israeli conflict has had on Israel. It focuses on the manner in which all of the Israeli-Arab wars since 1949, including the Intifada and the Gulf War, have affected state and society in Israel. In addition, it examines the influences of other, more limited Israeli military operations. These subjects are investigated within a broad theoretical framework based on a critical analysis of the literature. The author suggests an analytic qualitative model for understanding wars and internal political order and makes significant corrections to paradigms that deal with political order and wars, from the Marxist paradigm to the liberal paradigm.

Consensus and Dissent

Consensus and Dissent

Author: Anne Storch

Publisher: John Benjamins Publishing Company

Published: 2017-03-10

Total Pages: 262

ISBN-13: 9027265925

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This book is the result of intensive and continued discussions about the social role of language and its conceptualisations in societies other than Northern (European-American) ones. Language as a means of expressing as well as evoking both interiority and community has been in the focus of these discussions, led among linguists, anthropologists, and Egyptologists, and leading to a collection of essays that provide studies that transcend previously considered approaches. Its contributions are in particular interested in understanding how the attitude of the individual towards societal processes and strategies of norming is negotiated emotionally, and how individual interests and attitudes can be articulated. Discourses on public spaces are in the focus, in order to analyse those strategies that are employed to articulate dissent (for example, in the sense of face-threatening acts). This raises a number of questions on the spatial and public situatedness of emotions and language: How is the public space dealt with and reflected in language as property, heritage, and as a part of ascribed identities? Which role do emotions play in this space? How is emotion employed there as part of place making in relation to identity constructions? What is the connection between emotion, performance and emblematic spaces and places? Which opportunities of the violation of norms and transgression do such public spaces offer to actors and speakers? These questions intend to address the communicative representation of core cultural processes and concepts.


Book Synopsis Consensus and Dissent by : Anne Storch

Download or read book Consensus and Dissent written by Anne Storch and published by John Benjamins Publishing Company. This book was released on 2017-03-10 with total page 262 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book is the result of intensive and continued discussions about the social role of language and its conceptualisations in societies other than Northern (European-American) ones. Language as a means of expressing as well as evoking both interiority and community has been in the focus of these discussions, led among linguists, anthropologists, and Egyptologists, and leading to a collection of essays that provide studies that transcend previously considered approaches. Its contributions are in particular interested in understanding how the attitude of the individual towards societal processes and strategies of norming is negotiated emotionally, and how individual interests and attitudes can be articulated. Discourses on public spaces are in the focus, in order to analyse those strategies that are employed to articulate dissent (for example, in the sense of face-threatening acts). This raises a number of questions on the spatial and public situatedness of emotions and language: How is the public space dealt with and reflected in language as property, heritage, and as a part of ascribed identities? Which role do emotions play in this space? How is emotion employed there as part of place making in relation to identity constructions? What is the connection between emotion, performance and emblematic spaces and places? Which opportunities of the violation of norms and transgression do such public spaces offer to actors and speakers? These questions intend to address the communicative representation of core cultural processes and concepts.

Worlds of Dissent

Worlds of Dissent

Author: Jonathan Bolton

Publisher: Harvard University Press

Published: 2012-04-13

Total Pages: 360

ISBN-13: 0674064836

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Worlds of Dissent analyzes the myths of Central European resistance popularized by Western journalists and historians, and replaces them with a picture of the struggle against state repression as the dissidents themselves understood, debated, and lived it. In the late 1970s, when Czech intellectuals, writers, and artists drafted Charter 77 and called on their government to respect human rights, they hesitated to name themselves "dissidents." Their personal and political experiences--diverse, uncertain, nameless--have been obscured by victory narratives that portray them as larger-than-life heroes who defeated Communism in Czechoslovakia. Jonathan Bolton draws on diaries, letters, personal essays, and other first-person texts to analyze Czech dissent less as a political philosophy than as an everyday experience. Bolton considers not only Václav Havel but also a range of men and women writers who have received less attention in the West--including Ludvík Vaculík, whose 1980 diary The Czech Dream Book is a compelling portrait of dissident life. Bolton recovers the stories that dissidents told about themselves, and brings their dilemmas and decisions to life for contemporary readers. Dissidents often debated, and even doubted, their own influence as they confronted incommensurable choices and the messiness of real life. Portraying dissent as a human, imperfect phenomenon, Bolton frees the dissidents from the suffocating confines of moral absolutes. Worlds of Dissent offers a rare opportunity tounderstand the texture of dissent in a closed society.


Book Synopsis Worlds of Dissent by : Jonathan Bolton

Download or read book Worlds of Dissent written by Jonathan Bolton and published by Harvard University Press. This book was released on 2012-04-13 with total page 360 pages. Available in PDF, EPUB and Kindle. Book excerpt: Worlds of Dissent analyzes the myths of Central European resistance popularized by Western journalists and historians, and replaces them with a picture of the struggle against state repression as the dissidents themselves understood, debated, and lived it. In the late 1970s, when Czech intellectuals, writers, and artists drafted Charter 77 and called on their government to respect human rights, they hesitated to name themselves "dissidents." Their personal and political experiences--diverse, uncertain, nameless--have been obscured by victory narratives that portray them as larger-than-life heroes who defeated Communism in Czechoslovakia. Jonathan Bolton draws on diaries, letters, personal essays, and other first-person texts to analyze Czech dissent less as a political philosophy than as an everyday experience. Bolton considers not only Václav Havel but also a range of men and women writers who have received less attention in the West--including Ludvík Vaculík, whose 1980 diary The Czech Dream Book is a compelling portrait of dissident life. Bolton recovers the stories that dissidents told about themselves, and brings their dilemmas and decisions to life for contemporary readers. Dissidents often debated, and even doubted, their own influence as they confronted incommensurable choices and the messiness of real life. Portraying dissent as a human, imperfect phenomenon, Bolton frees the dissidents from the suffocating confines of moral absolutes. Worlds of Dissent offers a rare opportunity tounderstand the texture of dissent in a closed society.

The Puzzle of Unanimity

The Puzzle of Unanimity

Author: Pamela C. Corley

Publisher: Stanford University Press

Published: 2013-05-15

Total Pages: 216

ISBN-13: 0804786321

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The U.S. Supreme Court typically rules on cases that present complex legal questions. Given the challenging nature of its cases and the popular view that the Court is divided along ideological lines, it's commonly assumed that the Court routinely hands down equally-divided decisions. Yet the justices actually issue unanimous decisions in approximately one third of the cases they decide. Drawing on data from the U.S. Supreme Court database, internal court documents, and the justices' private papers, The Puzzle of Unanimity provides the first comprehensive account of how the Court reaches consensus. Pamela Corley, Amy Steigerwalt, and Artemus Ward propose and empirically test a theory of consensus; they find consensus is a function of multiple, concurrently-operating forces that cannot be fully accounted for by ideological attitudes. In this thorough investigation, the authors conclude that consensus is a function of the level of legal certainty and its ability to constrain justices' ideological preferences.


Book Synopsis The Puzzle of Unanimity by : Pamela C. Corley

Download or read book The Puzzle of Unanimity written by Pamela C. Corley and published by Stanford University Press. This book was released on 2013-05-15 with total page 216 pages. Available in PDF, EPUB and Kindle. Book excerpt: The U.S. Supreme Court typically rules on cases that present complex legal questions. Given the challenging nature of its cases and the popular view that the Court is divided along ideological lines, it's commonly assumed that the Court routinely hands down equally-divided decisions. Yet the justices actually issue unanimous decisions in approximately one third of the cases they decide. Drawing on data from the U.S. Supreme Court database, internal court documents, and the justices' private papers, The Puzzle of Unanimity provides the first comprehensive account of how the Court reaches consensus. Pamela Corley, Amy Steigerwalt, and Artemus Ward propose and empirically test a theory of consensus; they find consensus is a function of multiple, concurrently-operating forces that cannot be fully accounted for by ideological attitudes. In this thorough investigation, the authors conclude that consensus is a function of the level of legal certainty and its ability to constrain justices' ideological preferences.

Deconstructing Habermas

Deconstructing Habermas

Author: Lasse Thomassen

Publisher: Routledge

Published: 2012-08-21

Total Pages: 202

ISBN-13: 1134236913

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This book is the first book-length deconstructive study of the political philosophy of Jürgen Habermas. Inspired by the work of Jacques Derrida, the book applies deconstruction to key issues in Habermas’s work: rational discourse and rational consensus, constitutional democracy, tolerance and civil disobedience. The war in Iraq brought Habermas and Derrida together in defense of international law and in favor of a bigger role for a united Europe in international affairs. Yet, despite the rapprochement between Habermas and Derrida in the years prior to Derrida’s death, important differences remain between Habermas’s critical theory and Derrida’s deconstruction. These differences reflect differences between post-structuralism and critical theory and between postmodernists and the defenders of modernity.


Book Synopsis Deconstructing Habermas by : Lasse Thomassen

Download or read book Deconstructing Habermas written by Lasse Thomassen and published by Routledge. This book was released on 2012-08-21 with total page 202 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book is the first book-length deconstructive study of the political philosophy of Jürgen Habermas. Inspired by the work of Jacques Derrida, the book applies deconstruction to key issues in Habermas’s work: rational discourse and rational consensus, constitutional democracy, tolerance and civil disobedience. The war in Iraq brought Habermas and Derrida together in defense of international law and in favor of a bigger role for a united Europe in international affairs. Yet, despite the rapprochement between Habermas and Derrida in the years prior to Derrida’s death, important differences remain between Habermas’s critical theory and Derrida’s deconstruction. These differences reflect differences between post-structuralism and critical theory and between postmodernists and the defenders of modernity.

Why Societies Need Dissent

Why Societies Need Dissent

Author: Cass R. Sunstein

Publisher: Harvard University Press

Published: 2005-04-30

Total Pages: 262

ISBN-13: 9780674017689

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Dissenters are often portrayed as selfish and disloyal, but Sunstein shows that those who reject pressures imposed by others perform valuable social functions, often at their own expense.


Book Synopsis Why Societies Need Dissent by : Cass R. Sunstein

Download or read book Why Societies Need Dissent written by Cass R. Sunstein and published by Harvard University Press. This book was released on 2005-04-30 with total page 262 pages. Available in PDF, EPUB and Kindle. Book excerpt: Dissenters are often portrayed as selfish and disloyal, but Sunstein shows that those who reject pressures imposed by others perform valuable social functions, often at their own expense.