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As a judge, I do not have a political platform nor am I a political person.… I do not aspire to power. I do not seek to rule. I am aware of the chains that bind me as a judge. I have repeatedly emphasized the rule of the law and not the rule of the judge. I am aware of the importance of the other branches of government-the legislative and executive. I view my office as a mission. Judging is not a job. It is a way of life. Whenever I enter the courtroom, I do so with the deep sense that, as I sit at trial, I stand on trial
[Legislation and adjudication] [i]n substance, they are political processes, involving exercise of power and authority through reason as well as fiat.… Judges ought to accept their political role. They also ought to accept that choices they make, from case to case, have substantive implications for design and direction of social transformation….’
We are delighted to participate in this special festschrift in honour of Professor Upendra Baxi, whom we admire as a scholar and person of courage and principle. Having both explored, to varying degrees, the Indian Constitution, we appreciate the enormous contribution Baxi has made to the theory and practice of constitutional law, not only in India but also worldwide.
This volume focuses on the process, power, and problems of judicial review. The Indian judiciary is, of course, famous for its activist adjudication, or what Baxi refers to as ‘adjudicatory leadership’, which he believes is ‘a better notion than judicial activism’. Notable examples are the invention in the early 1970s of the ‘basic structure doctrine’ and the assertion of the power to conduct judicial review of constitutional amendments in order to safeguard the unamendable basic structure, or the democratization of access to justice through processes of social action litigation, which have promoted the disadvantaged and deprived classes—what Baxi termed ‘taking suffering seriously’. Baxi has eloquently described this activist story of the Indian judiciary and the court's role in social progress. This volume's focus on judicial power has led us to direct attention to another country—Israel—where the role of the Supreme Court in shaping the content of law and deciding political issues has greatly expanded in recent decades, a development largely attributable to the great activism exhibited by that court.
The ancient Sahara has often been treated as a periphery or barrier, but this agenda-setting book – the final volume of the Trans-Saharan Archaeology Series – demonstrates that it was teeming with technological innovations, knowledge transfer, and trade from long before the Islamic period. In each chapter, expert authors present important syntheses, and new evidence for technologies from oasis farming and irrigation, animal husbandry and textile weaving, to pottery, glass and metal making by groups inhabiting the Sahara and contiguous zones. Scientific analysis is brought together with anthropology and archaeology. The resultant picture of transformations in technologies between the third millennium BC and the second millennium AD is rich and detailed, including analysis of the relationship between the different materials and techniques discussed, and demonstrating the significance of the Sahara both in its own right and in telling the stories of neighbouring regions.
US Supreme Court Doctrine in the State High Courts challenges theoretical and empirical accounts about how state high courts use US Supreme Court doctrine and precedent. Michael Fix and Benjamin Kassow argue that theories that do not account for the full range of ways in which state high courts can act are, by definition, incomplete. Examining three important precedents – Atkins v. Virginia, Lemon v. Kurtzman, and DC v. Heller/McDonald v. Chicago – Fix and Kassow find that state high courts commonly ignore Supreme Court precedent for reasons of political ideology, path dependence, and fact patterns in cases that may be of varying similarity to those found in relevant US Supreme Court doctrine. This work, which provides an important addition to the scholarly literature on the impact of Supreme Court decisions, should be read by anyone interested in law and politics or traditional approaches to the study of legal decision-making.
Since Aristotle, the concept of the magnanimous or great-souled man was employed by philosophers of antiquity to describe individuals who attained the highest degree of virtue. Greatness of soul (magnitudo animi or magnanimitas) was part of the language of Classical and Hellenistic virtue theory central to the education of Ambrose and Augustine. Yet as bishops they were conscious of fundamental differences between Christian and pagan visions of virtue. Greatness of soul could not be appropriated whole cloth. Instead, the great-souled man had to be baptized to conform with Christian understandings of righteousness, compassion, and humility. In this book, J. Warren Smith traces the development of the ideal of the great-souled man from Plato and Aristotle to latter adaptions by Cicero, Seneca, and Plutarch. He then examines how Ambrose's and Augustine's theological commitments influenced their different critiques, appropriations, and modifications of the language of magnanimity.
Designing engineering components that make optimal use of materials requires consideration of the nonlinear static and dynamic characteristics associated with both manufacturing and working environments. The modeling of these characteristics can only be done through numerical formulation and simulation, which requires an understanding of the theoretical background and associated computer solution techniques. By presenting nonlinear solid mechanics, dynamic conservation laws and principles, and the associated finite element techniques together, the authors provide a unified treatment of the dynamic simulation of nonlinear solids. Alongside numerous worked examples and exercises are user instructions, program descriptions, and examples for two MATLAB computer implementations with source code available online. While this book is designed to complement postgraduate courses, it is also relevant to industry professionals requiring an appreciation of the way their computer simulation programs work.
Unearthed in 1528 at Lyon, the Tabula Lugdunensis preserves the longest speech of a Roman emperor to survive in epigraphic form. In AD 48 Claudius addressed the senate to press a petition by elites of north-western Gaul to hold senatorial rank and office. In support he demonstrated Rome's history of constitutional innovation, particularly in integrating outsiders, and asserted a commitment to recruiting worthy provincial senators such as he claims the Gauls to be. The speech offers important evidence for the history and rhetoric of Roman political integration, unparalleled Etruscan testimony about Regal Rome, and insight into the Latin language and oratory of the early Principate. Uniquely, the Tabula can be set beside Tacitus' version of Claudius' speech in Annals 11 to provide a case-study of ancient historiographical practice. This edition contains a newly-edited text of the Tabula, an English translation, and a comprehensive introduction and commentary.
What makes it so difficult to enact and sustain comprehensive social welfare policy that would aid the disadvantaged in the United States? Addressing the relationship between populism and social welfare, this book argues that two competing camps of populists divide American politics. Regressive populists motivated by racial resentment frequently clash with progressive populists, who embrace an expansion of social welfare benefits for the less affluent, regardless of race or ethnicity. Engstrom and Huckfeldt uncover the political forces driving this divided populism, its roots in the aftermath of the civil rights revolution of the mid-twentieth century, and its implications for modern American politics and social welfare policy. Relying on a detailed analysis of party coalitions in the US Congress and the electorate since the New Deal, the authors focus on the intersection between race, class, and oligarchy.
What do states gain by sending citizens into the streets? Ruling by Other Means investigates this question through the lens of State-Mobilized Movements (SMMs), an umbrella concept that includes a range of (often covertly organized) collective actions intended to advance state interests. The SMMs research agenda departs significantly from that of classic social movement and contentious politics theory, focused on threats to the state from seemingly autonomous societal actors. Existing theories assume that the goal of popular protest is to voice societal grievances, represent oppressed groups, and challenge state authorities and other powerholders. The chapters in this volume show, however, that states themselves organize citizens (sometimes surreptitiously and even transnationally) to act collectively to advance state goals. Drawn from different historical periods and diverse geographical regions, these case studies expand and improve our understanding of social movements, civil society and state-society relations under authoritarian regimes.
Following the landmark Paris agreement, policy makers are under pressure to adopt policies that rapidly deliver deep, society-wide decarbonisation. Deep decarbonisation requires more durable policies, but not enough is known about if and how they actually emerge. This book provides the first systematic analysis of the determinants of policy durability in three high-profile areas: biofuel production, car transport, and industrial emissions. It breaks new ground by exploring how key European Union climate policies have shaped their own durability and their ability to stimulate supportive political dynamics in society. It combines state-of-the-art policy theories with empirical accounts of landmark political events such as 'Dieselgate' and the campaign against 'dirty' biofuels, to offer a fresh understanding of how and why policy makers set about packaging together different elements of policy. By shining new light on an important area of contemporary policy making, it reveals a rich agenda for academic researchers and policy makers.
Local governments play a central role in American democracy, providing essential services such as policing, water, and sanitation. Moreover, Americans express great confidence in their municipal governments. But is this confidence warranted? Using big data and a representative sample of American communities, this book provides the first systematic examination of racial and class inequalities in local politics. We find that non-whites and less-affluent residents are consistent losers in local democracy. Residents of color and those with lower incomes receive less representation from local elected officials than do whites and the affluent. Additionally, they are much less likely than privileged community members to have their preferences reflected in local government policy. Contrary to the popular assumption that governments that are “closest” govern best, we find that inequalities in representation are most severe in suburbs and small towns. Typical reforms do not seem to improve the situation, and we recommend new approaches.
This book provides a theoretical and practical exploration of the constitutional bar against cruel and unusual punishments, excessive bail, and excessive fines. It explores the history of this prohibition, the current legal doctrine, and future applications of the Eighth Amendment. With contributions from the leading academics and experts on the Eighth Amendment and the wide range of punishments and criminal justice actors it touches, this volume addresses constitutional theory, legal history, federalism, constitutional values, the applicable legal doctrine, punishment theory, prison conditions, bail, fines, the death penalty, juvenile life without parole, execution methods, prosecutorial misconduct, race discrimination, and law & science.
Large-scale tree planting is advocated to provide additional atmospheric cooling and further reduce global warming. This raises a question about the present time: do trees cool or warm the atmosphere? This question does not have a simple yes or no answer. Examination of the greenhouse effect, global warming and the carbon cycle, and how trees and forests function provides the basis for understanding how forests might cool or warm the atmosphere. Results from research and models indicate that cooling or warming depends on where forests are located and the type and color of trees. Cooling generally prevails over warming, but this may change. This book will appeal to anyone interested in climate change, ecology and conservation.
Stroke is the second leading cause of death and a leading cause of disability worldwide. This invaluable reference provides clinicians caring for stroke patients with ready access to the optimal evidence for best practice in stroke prevention, acute stroke treatment, and stroke recovery. Now an edited volume, the editors and authors, many of whom are members of the Cochrane Stroke Review Group, describe all available medical, endovascular, and surgical treatments; the rationale for using them; and the strength of the evidence for their safety and effectiveness. New chapters cover key, rapidly advancing therapeutic topics, including prehospital stroke care and regionalized stroke systems, endovascular reperfusion therapy, and electrical and magnetic brain stimulation to enhance recovery. This is an essential resource for clinicians translating into practice the many dramatic advances that have been made in the treatment and prevention of stroke, and suggesting the most appropriate interventions.
Every fluid dynamicist will at some point need to use computation. Thinking about thephysics, constraints and the requirements early on will be rewarded with benefits intime, effort, accuracy and expense. How these benefits can be realised is illustrated inthis guide for would-be researchers and beginning graduate students to some of thestandard methods and common pitfalls of computational fluid mechanics. Based on alecture course that the author has developed over 20 years, the text is split into threeparts. The quick introduction enables students to solve numerically a basic nonlinearproblem by a simple method in just three hours. The follow-up part expands on all thekey essentials, including discretisation (finite differences, finite elements and spectralmethods), time-stepping and linear algebra. The final part is a selection of optionaladvanced topics, including hyperbolic equations, the representation of surfaces, theboundary integral method, the multigrid method, domain decomposition, the fastmultipole method, particle methods and wavelets.
As in its first edition, this book traces the contours of select US common law doctrinal developments concerning international commercial arbitration. This new edition supplements the foundational work contained in the first edition in order to produce a broader and deeper work. The author explores how the US common law may help bridge cross-cultural legal differences by focusing on the need to address these contrasting approaches through the nomenclature and goal of securing equality between party-autonomy and arbitrator discretion in international commercial arbitration. This book thus focuses on the common law development of arbitrator immunity, as well as the precepts of party-initiative and –autonomy forming part of the US common law discovery rubric that may contribute to promoting expediency, efficiency and transparency in international commercial arbitration proceedings. It does so by carefully analyzing, among other things, the International Bar Association (IBA) Rules on Evidence Gathering, the Prague Rules, and the role of 28 USC. §1782 in international arbitration.