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Judge Robert H. Bork will deliver the Barbara Frum Historical Lecture at the University of Toronto in March 2002. This annual lecture “on a subject of contemporary history in historical perspective” was established in memory of Barbara Frum and will be broadcast on the CBC Radio program Ideas. In Coercing Virtue, former US solicitor general Robert H. Bork examines judicial activism and the practice of many courts as they consider and decide matters that are not committed to their authority. In his opinion, this practice infringes on the legitimate domains of the executive and legislative branches of government and constitutes a judicialization of politics and morals. Should courts be used as a vehicle of social change even if the majority view weighs against the court’s ruling? And if we allow courts to make law, especially in a country like Canada where our Supreme Court judges aren’t even elected, then what does this mean for democratic government? “The nations of the West have long been afraid of catching the “American disease” — the seizure by judges of authority properly belonging to the people and their elected representatives. Those nations are learning, perhaps too late, that this imperialism is not an American disease; it is a judicial disease, one that knows no boundaries.” — Robert H. Bork, from Coercing Virtue
In June 1973, Judge Robert Bork was plucked from a quiet life of academia at Yale University and planted in the tumultuous soil of constitutional crisis by a Nixon administration barreling toward collapse. From the ousting of Vice President Spiro Agnew to the discharge of the Watergate special prosecutor, an event known as the Saturday Night Massacre, Saving Justice offers a firsthand, insider account of the whirlwind of events that engulfed the administration during the last half of 1973 and the first few months of 1974. This important volume provides a revelatory look into the inner workings of the Justice Department during some of the most consequential months of the Nixon administration.
Bentham's law -- The possibility and probability of noncoercive law -- In search of the puzzled man -- Do people obey the law? -- Are officials above the law? -- Coercing obedience -- Of carrots and sticks -- Coercion's arsenal -- Awash in a sea of norms -- The differentiation of law
In this New York Times bestselling book, Robert H. Bork, our country's most distinguished conservative scholar, offers a prophetic and unprecedented view of a culture in decline, a nation in such serious moral trouble that its very foundation is crumbling: a nation that slouches not towards the Bethlehem envisioned by the poet Yeats in 1919, but towards Gomorrah. Slouching Towards Gomorrah is a penetrating, devastatingly insightful exposé of a country in crisis at the end of the millennium, where the rise of modern liberalism, which stresses the dual forces of radical egalitarianism (the equality of outcomes rather than opportunities) and radical individualism (the drastic reduction of limits to personal gratification), has undermined our culture, our intellect, and our morality. In a new Afterword, the author highlights recent disturbing trends in our laws and society, with special attention to matters of sex and censorship, race relations, and the relentless erosion of American moral values. The alarm he sounds is more sobering than ever: we can accept our fate and try to insulate ourselves from the effects of a degenerating culture, or we can choose to halt the beast, to oppose modern liberalism in every arena. The will to resist, he warns, remains our only hope.
When it comes to understanding and treating madness, distortions of research are not rare, misinterpretation of data is not isolated, and bogus claims of success are not voiced by isolated researchers seeking aggrandizement. This book's detailed analyses of coercion and community treatment, diagnosis, and psychopharmacology reveals that these characteristics of bad science are endemic, institutional, and protected in psychiatry. This is mad science. Mad Science argues that the fundamental claims of modern American psychiatry are not based on convincing research, but on misconceived, flawed, and distorted science. The authors address multiple paradoxes in American mental health, including the remaking of coercion into scientific psychiatric treatment in the community, the adoption of an unscientific diagnostic system that now controls the distribution of services, and how drug treatments have failed to improve the mental health outcome. This book provides an engaging and readable scientific and social critique of current mental health practices. The authors are scholars, researchers, and clinicians who have written extensively about community care, diagnosis, and psychoactive drugs. Mad Science is a must read for all specialists in the field as well as for the informed public.
A renowned Harvard professor's brilliant, sweeping, inspiring account of the role of justice in our society--and of the moral dilemmas we face as citizens What are our obligations to others as people in a free society? Should government tax the rich to help the poor? Is the free market fair? Is it sometimes wrong to tell the truth? Is killing sometimes morally required? Is it possible, or desirable, to legislate morality? Do individual rights and the common good conflict? Michael J. Sandel's "Justice" course is one of the most popular and influential at Harvard. Up to a thousand students pack the campus theater to hear Sandel relate the big questions of political philosophy to the most vexing issues of the day, and this fall, public television will air a series based on the course. Justice offers readers the same exhilarating journey that captivates Harvard students. This book is a searching, lyrical exploration of the meaning of justice, one that invites readers of all political persuasions to consider familiar controversies in fresh and illuminating ways. Affirmative action, same-sex marriage, physician-assisted suicide, abortion, national service, patriotism and dissent, the moral limits of markets—Sandel dramatizes the challenge of thinking through these con?icts, and shows how a surer grasp of philosophy can help us make sense of politics, morality, and our own convictions as well. Justice is lively, thought-provoking, and wise—an essential new addition to the small shelf of books that speak convincingly to the hard questions of our civic life.
Society's drug problem will persist, and debates over how to solve it will continue, getting nowhere, until we define our terms. This book is an effort to do just that—to parse the legal, moral, and philosophical underpinnings for any discussion of drug policy. Does liberal political theory, with its commitment to individual freedom, offer any guidance in the matter of drugs, particularly regarding their legal status? Do the commitments that citizens of liberal democracies make—commitments to ideals such as rationality, equality, justice, and democratic forms of decision-making—have implications for drug policy? These are the questions addressed in this volume, which explores the possibilities and limitations of philosophical reflection on this pressing, practical social issue.The authors, distinguished political and legal philosophers, search out the justification of policies that manage problems of drug consumption and social disintegration, but do so in keeping with the moral and political commitments of a liberal democratic society. Their subjects range from the rationality or irrationality of drug consumption to the scope of liberty; from the proper aims of legislation to the rhetoric of the war on drugs, particularly as deployed by former "Drug Czar" William Bennett.
This book sets out a new understanding of the penal law of a liberal legal order. The prevalent view today is that the penal law is best understood from the standpoint of a moral theory concerning when it is fair to blame and censure an individual character for engaging in proscribed conduct. By contrast, this book argues that the penal law is best understood by a political and constitutional theory about when it is permissible for the state to restrain and confine a free agent. The book's thesis is that penal action by public officials is permissible force rather than wrongful violence only if it could be accepted by the agent as being consistent with its freedom. There are, however, different conceptions of freedom, and each informs a theoretical paradigm of penal justice generating distinctive constraints on state coercion. Although this plurality of paradigms creates an appearance of fragmentation and contradiction in the law, the author argues that the penal law forms a complex whole uniting the constraints on punishment flowing from each paradigm.
"Demonstrates the unsound overvaluation of moderation that has made contemporary morality a hollow convention and points out the true significance of the Christian virtues that can and should make morality a dynamic way of life."--Publisher
The sharks have devoured justice. Lawyers and judges are rewriting all the rules--for their own benefit. Every citizen needs to know what's wrong with the U.S. legal system and how it can be fixed. (Social Issues)