We are all familiar with the image of the immensely clever judge who discerns the best rule of common law for the case at hand. According to U.S. Supreme Court Justice Antonin Scalia, a judge like this can maneuver through earlier cases to achieve the desired aim-"distinguishing one prior case on his left, straight-arming another one on his right, high-stepping away from another precedent about to tackle him from the rear, until (bravo!) he reaches the goal-good law." But is this common-law mindset, which is appropriate in its place, suitable also in statutory and constitutional interpretation? In a witty and trenchant essay, Justice Scalia answers this question with a resounding negative.
In exploring the neglected art of statutory interpretation, Scalia urges that judges resist the temptation to use legislative intention and legislative history. In his view, it is incompatible with democratic government to allow the meaning of a statute to be determined by what the judges think the lawgivers meant rather than by what the legislature actually promulgated. Eschewing the judicial lawmaking that is the essence of common law, judges should interpret statutes and regulations by focusing on the text itself. Scalia then extends this principle to constitutional law. He proposes that we abandon the notion of an everchanging Constitution and pay attention to the Constitution's original meaning. Although not subscribing to the "strict constructionism" that would prevent applying the Constitution to modern circumstances, Scalia emphatically rejects the idea that judges can properly "smuggle" in new rights or deny old rights by using the Due Process Clause, for instance. In fact, such judicial discretion might lead to the destruction of the Bill of Rights if a majority of the judges ever wished to reach that most undesirable of goals.
This essay is followed by four commentaries by Professors Gordon Wood, Laurence Tribe, Mary Ann Glendon, and Ronald Dworkin, who engage Justice Scalia's ideas about judicial interpretation from varying standpoints. In the spirit of debate, Justice Scalia responds to these critics.
Featuring a new foreword that discusses Scalia's impact, jurisprudence, and legacy, this witty and trenchant exchange illuminates the brilliance of one of the most influential legal minds of our time.
Examining those medieval texts which were extant for sixteenth-century use and reading, Professor Tuve attempts to discover how certain writers at a given time and for reasons we can trace read the allegorical books of the Middle Ages.
Originally published in 1966.
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.
Now available in paperback, this is the first academic book to study railway enthusiasts in Britain. Far from a trivial topic, the post-war train spotting craze swept most boys and some girls into a passion for railways, and for many, ignited a lifetime's interest.
British railway enthusiasm traces this post-war cohort, and those which followed, as they invigorated different sectors in the world of railway enthusiasm - train spotting, railway modelling, collecting railway relics - and then, in response to the demise of main line steam traction, Britain's now-huge preserved railway industry. Today this industry finds itself riven by tensions between preserving a loved past which ever fewer people can remember and earning money from tourist visitors.
The widespread and enduring significance of railway enthusiasm will ensure that this groundbreaking text remains a key work in transport studies, and will appeal to enthusiasts as much as to students and scholars of transport and cultural history.
A rich examination of the securitization of the everyday lives of the citizens of Cairo and how to build a more equitable urban order
Until the year 2000, Cairo had been a model megacity, relatively crime free, safe, and public facing. It featured a thriving public culture and vibrant street life. In recent decades, however, the Egyptian state has accelerated a wholesale dismantlement of public education and public sector jobs and reversed the modest land reforms of the Nasser era. As a result, the vast majority of Cairo's people have been forcibly deprived of their social rights, social goods, and educational capital.
Eschewing the traditional focus on top-down regime and state security, the contributors to this volume, who represent a wide array of academics, activists, artists, and journalists, explore how repressive policies affect the everyday lives of citizens. They show the ways in which urban security crises are politically fashioned and do not emanate from the urban social fabric on their own: city crime, violence, and fear are created by specific means of extraction, production, and control.
Another kind of city can live again. But how? By tackling a range of issues, including public health, transportation, labor safety, and housing and property distribution, Cairo Securitized unsettles simplistic binaries of thug and police, public versus private, and slum versus enclave, and proposes compelling new ways in which securitizing processes can be reversed, reengineered, and replaced with a participatory and equitable urban order.
Contributors:
Sara Soumaya Abed African Leadership Centre, Kings College London
Zeinab Abul-Magd Oberlin College, USA
Mohamed Ahmed Political Scientist and historian, Cairo Egypt
Rania Ahmed Independent Researcher, Cairo Egypt
Nicholas Simcik Arese University of Cambridge, UK
Ahmed Awadalla University of Strathclyde, Glasgow, UK
Ahmad Borham The American University in Cairo, Cairo Egypt
Miguel A. Fuentes Carreño University of California, Santa Barbara, USA
Roberta Duffield Scholar on urbanism, public space, Cairo Egypt
Momen El-Husseiny The American University in Cairo, Cairo Egypt
Mohamed Elmeshad SOAS, London UK
Ifdal Elsaket Netherlands-Flemish Institute, Cairo Egypt
Mohamed Elshahed Independent Writer and Curator, Mexico City
Amy Fallas University of California Santa Barbara, USA
Tina Guirguis University of California, Santa Barbara, USA
Elena Habersky The American University in Cairo, Cairo Egypt
Hanan Hammad Texas Christian University, USA
Hatem Hassan Impact Justice, Pittsburgh, USA
Amira Hetaba Federal Government of Lower Austria, Austria
Deena Khalil The American University in Cairo, Cairo Egypt
Omnia Khalil City University of New York, USA
Sabrina Lilleby University of Texas, Austin, USA
Paul Miranda Nonviolent Peaceforce, South Mosul, Iraq
Mostafa Mohie American University in Cairo, Cairo Egypt
Laura Monfleur University François-Rabelais, Tours, France
Aya Nassar Royal Holloway, University of London, UK
Nora Noralla human rights researcher, Berlin, Germany
Aly El Reggal Scuola Normale Superiore, Florence Italy
Afsaneh Rigot Harvard University, Cambridge USA
Yahia Saleh Malmö University, Sweden
Bassem al-Samragy political analyst at the International Criminal Court, The Hague, The Netherlands
Yahia Shawkat Technische Universität Berlin, Germany
Maïa Sinno Géographie Cités Lab, CNRS / Sorbonne University, Paris France
Mark Westmoreland Leiden University, The Netherlands
Jess arrives at Kirkshield Castle to spend the holiday as the estate's newest housekeeper. But when she meets the newly appointed earl and his family, it quickly becomes clear they don't want her there. Needing the money, she has no choice but to stick around, despite the earl's resistance. Though over the coming weeks, Jess and Sebastian find themselves drawn to each other and it's not long before feelings of animosity turn into something unexpectedly new and exciting...
Escape to the Scottish Highlands this Christmas with this festive and heartwarming romance novel! Perfect for fans of Sarah Morgan, Cathy Bramley and Jennifer Bohnet.
Shortlisted for The International Booker Prize 2024
'I heard our grandmother asking what we were doing.'"Say something!" she demanded, threatening to tear out our tongues. Little did she know that one of us was holding her tongue in her hand.'
Deep in Brazil's neglected Bahia hinterland, two sisters find an ancient knife beneath their grandmother's bed and, momentarily mystified by its power, decide to taste its metal. The shuddering violence that follows marks their lives and binds them together forever.
Heralded as a new masterpiece and the most important Brazilian novel of this century, this fascinating and gripping story about the lives of subsistence farmers in the Brazil's poorest region, three generations after the abolition of slavery in that country is at once fantastic and realist, covering themes of family, spirituality, slavery and its aftermath and political struggle.
On January 13, 1968, Johnny Cash (1932-2003) took the stage at Folsom Prison in California. The concert and the live album, At Folsom Prison, propelled him to worldwide superstardom. He reached new audiences, ignited tremendous growth in the country music industry, and connected with fans in a way no other artist has before or since.
Johnny Cash at Folsom Prison: The Making of a Masterpiece, Revised and Updated is a riveting account of that day, what led to it, and what followed. Michael Streissguth skillfully places the album and the concert in the larger context of Cash's artistic development, the era's popular music, and California's prison system, uncovering new angles and exploding a few myths along the way. Scrupulously researched, rich with the author's unprecedented archival access to Folsom Prison's and Columbia Records' archives, Johnny Cash at Folsom Prison shows how Cash forever became a champion of the downtrodden, as well as one of the more enduring forces in American music.
This revised edition includes new images and updates throughout the volume, including previously unpublished material.
This volume honors and examines the founders of the philosophy of logical empiricism. Historical and interpretive essays clarify the scientific philosophies of Carnap, Reichenbach, Hempel, Kant, and others, while exploring the main topics of logical empiricist philosophy of science.
;On February 5, 2006, the Pittsburgh Steelers joined the ranks of the elite teams in National Football League history, celebrating their fifth Super Bowl victory. From an unspectacular 7-5 start, to completing the greatest playoff run ever, to the fairy tale ending of Jerome Bettis's Hall of Fame career and the vindication of Bill Cowher's coaching tenure, the 2005 season was not only one for the thumb, but truly one for the ages. One for the Thumb is a collection of the best writing about the fabled franchise by local and national sportswriters, and former players. It covers the team's history from Art Rooney Sr.'s purchase of the NFL franchise in 1933 for $2,500 to their Super Bowl XL victory. From their frustrating early days as the Pirates, Steagles, and Card-Pitts, through their four Super Bowl wins in the 1970s, to the fateful day in 2004 when they selected Ben Roethlisberger as the eleventh overall pick in the draft, One for the Thumb captures the essence of the team whose identity is forever linked with the spirit of the hardworking, blue-collar city it represents.From immortals Bobby Layne, Ernie Stautner, and John Henry Johnson, to Chuck Noll, Terry Bradshaw, Mean Joe Greene, Rocky Bleier, and Neil O'Donnell, to current greats Troy Polamalu, Jerome Bettis, Ben Roethlisberger, and Bill Cowher, One for the Thumb is the definitive anthology of the Pittsburgh Steelers--a must-read for all fans of the team and the game of football.
;Examining the Berlin crises of 1948-49 and 1961, the Taiwan Strait crisis of 1958, and the Cuban crisis of 1962, the author elucidates various intermediate and highly politicized forms of international coercion.
Originally published in 1969.
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.
The first complete and annotated English translation of Maimon's influential and delightfully entertaining memoir
Solomon Maimon's autobiography has delighted readers for more than two hundred years, from Goethe, Schiller, and George Eliot to Walter Benjamin and Hannah Arendt. The American poet and critic Adam Kirsch has named it one of the most crucial Jewish books of modern times. Here is the first complete and annotated English edition of this enduring and lively work.
Born into a down-on-its-luck provincial Jewish family in 1753, Maimon quickly distinguished himself as a prodigy in learning. Even as a young child, he chafed at the constraints of his Talmudic education and rabbinical training. He recounts how he sought stimulation in the Hasidic community and among students of the Kabbalah--and offers rare and often wickedly funny accounts of both. After a series of picaresque misadventures, Maimon reached Berlin, where he became part of the city's famed Jewish Enlightenment and achieved the philosophical education he so desperately wanted, winning acclaim for being the "sharpest" of Kant's critics, as Kant himself described him.
This new edition restores text cut from the abridged 1888 translation by J. Clark Murray, which has long been the only available English edition. Paul Reitter's translation is brilliantly sensitive to the subtleties of Maimon's prose while providing a fluid rendering that contemporary readers will enjoy, and is accompanied by an introduction and notes by Yitzhak Melamed and Abraham Socher that give invaluable insights into Maimon and his extraordinary life. The book also features an afterword by Gideon Freudenthal that provides an authoritative overview of Maimon's contribution to modern philosophy.
Volume 18, covering part of the final session of the First Congress, shows Jefferson as Secretary of State continuing his effective collaboration with James Madison in seeking commercial reciprocity with Great Britain by threatening--and almost achieving--a retaliatory navigation bill. During these few weeks Jefferson produced a remarkable series of official reports on Gouverneur Morris' abortive mission to England, on the first case of British impressment of American seamen to be noticed officially, on the interrelated problems of Mediterranean trade and the American captives in Algiers, and on the French protest against the tonnage acts. All of these state papers reflected the consistency of Jefferson's aim to bolster the independence of the United States, to promote national unity, and even, as his report on the Algerine captives indicates, to lay the foundations for American maritime power.
This volume reveals Jefferson's continuing interest in a unified system of weights and measures, his effort to create a mint, and his concern over executive proceedings in the Northwest Territory. It contains also his suggestions for the President's annual message and his first encounter, at the hands of Noah Webster, with Federalist ridicule of his interest in science. Despite his heavy official duties and the confusion into which his household was thrown when 78 crates of books, wines, and furniture arrived from France, Jefferson never failed to write his promised weekly letter to his daughters and son-in-law under the alternating plan which obligated each of them to write only once every three weeks. The record of this time of extraordinary pressure shows that Jefferson retained his usual equanimity except when, after a full two months, he failed to receive any scrap of writing from the little family at Monticello.
Volume 19, covering the final critical weeks of the First Congress, reveals Washington and Jefferson in the closest and most confidential relationship that existed at any time during their official careers. It opens with the proclamation announcing the exact location of the Federal District, an unexplained choice made in the utmost secrecy by the President in consultation with the Secretary of State some weeks before Washington toured the upper Potomac in an ostensible journey to inspect rival sites and to encourage competition for the location of the national capital. It includes the politically related question of the chartering of the Bank of the United States, on which Jefferson delivered his famous opinion challenging its constitutionality.
But the conflict with Hamilton over the Bank, important as it was, did not bring the two men on the public stage as contestants. Instead, the first focusing of public attention on the breach in the administration occurred with the publication of Jefferson's report on the whale and cod fisheries. This widely disseminated report is here presented in a context showing that, after Hamilton declined to cooperate in reciprocating the favors France had granted to American trade, Jefferson deliberately and publicly challenged the Hamiltonian opposition. In unusually blunt language, his report called for commercial retaliation against Great Britain, thus causing a sensation both in the ... ministry.
This volume shows Jefferson's concern over the growing discontent in the South and West over fiscal and other policies of the national government, his resistance to interested promotion of consular appointments in business circles, his grappling with the political and constitutional questions concerning the admission of Kentucky and Vermont, his involvement in the political consequences of the death of Franklin that affected even the proceedings of the American Philosophical Society, his cautious relationship with Tench Coxe as a source of statistical information which the Secretary of the Treasury failed to supply, and his report to Washington on a judicial appointment that brought on both embarrassment and constitutional questions. Once Congress had dispersed, Jefferson was able to turn his attention to long-neglected private concerns and to the correspondence that gave him most satisfaction, that with the family at Monticello.
This volume documents exhaustively for the first time Edmond Charles Genet's dramatic challenges to American neutrality and Jefferson's diplomatic and political responses. After welcoming Genet's arrival as the harbinger of closer relations between the American and French republics, Jefferson becomes increasingly distressed by the French minister's defiance of the Washington administration's ban on the outfitting of French privateers in American ports, the enlistment of American citizens in French service, and the exercise of admiralty jurisdiction by French consuls in American ports. Although the Supreme Court declines to advise the executive branch on neutrality questions that Jefferson prepares with the President and the Cabinet, he helps to formulate a set of neutrality rules to meet Genet's challenge.Unable to convince the impetuous French envoy to adopt a more moderate course, Jefferson works in the Cabinet to bring about Genet's recall so as to preserve friendly relations with France and minimize political damage to the Republican party, in which he takes a more active role to prevent the Federalists from capitalizing on Genet's defiance of the President. Grappling with the threat of war with Spain, Jefferson involves himself equivocally in a diplomatically explosive plan by Genet to liberate Louisiana from Spanish rule. In this volume Jefferson also plays a decisive role in resolving a dispute over the design of the Capitol and plans agricultural improvements at Monticello in preparation for his retirement to private life.
;This volume deals with an unusually active, dramatic period during Thomas Jefferson's tenure as Secretary of State.
;This volume brings Jefferson into retirement after his tenure as Secretary of State and returns him to private life at Monticello. He professes his desire to be free of public responsibilities and live the life of a farmer, spending his time tending to his estates. Turning his attention to the improvement of his farms and finances, Jefferson surveys his fields, experiments with crop rotation, and establishes a nailery on Mulberry Row. He embarks upon an ambitious plan to renovate Monticello, a long-term task that will eventually transform his residence.
Although Jefferson is distant from Philadelphia, the seat of the federal government, he is not completely divorced from the politics of the day. His friends, especially James Madison, with whom he exchanges almost sixty letters in the period covered by this volume, keep him fully informed about the efforts of Republican county and town meetings, the Virginia General Assembly, Congress, and the press to counter Federalist policies. An emerging Republican opposition is taking shape in response to the Jay Treaty, and Jefferson is keenly interested in its progress. Although in June, 1795, he claims to have "proscribed newspapers" from Monticello, in fact he never entirely cuts himself off from the world. At the end of that year, he takes pains to ensure that he will have two full sets of Benjamin Franklin Bache's Aurora, the influential Republican newspaper, one set to be held in Philadelphia for binding and one to be sent directly to Monticello.
In the twenty-two months covered by this volume, Jefferson spent most of his time at Monticello, where in his short-lived retirement from office he turned in earnest to the renovation of his residence and described himself as a ''monstrous farmer.'' Yet he narrowly missed being elected George Washington's successor as president and took the oath of office as vice president in March 1797. In early summer he presided over the Senate after President John Adams summoned Congress to deal with the country's worsening relations with France. As the key figure in the growing ''Republican quarter,'' Jefferson collaborated with such allies as James Monroe and James Madison and drafted a petition to the Virginia House of Delegates upholding the right of representatives to communicate freely with their constituents.
The unauthorized publication of a letter to Philip Mazzei, in which Jefferson decried the former ''Samsons in the field and Solomons in the council'' who had been ''shorn by the harlot England,'' made the vice president the uncomfortable target of intense partisan attention. In addition, Luther Martin publicly challenged Jefferson's treatment, in Notes on Virginia, of the famous oration of Logan.
Jefferson became president of the American Philosophical Society and presented a paper describing the fossilized remains of the megalonyx, or ''great claw.'' At Monticello he evaluated the merits of threshing machines, corresponded with British agricultural authorities, sought new crops for his rotation schemes, manufactured nails, and entertained family members and visitors.
As this volume opens, partisan politics in the United States are building to a crescendo with the approach of the presidential election. Working for a Republican victory, Jefferson consults frequently with Madison, Monroe, and others to achieve favorable results in state elections. He corresponds with controversial journalist James T. Callender. Sifting information from published rumors and private letters, he follows events in Europe, including Bonaparte's unexpected rise to power in France, and sees the value of his tobacco crop plummet as U.S. legislation cuts off the French market. Jefferson grows concerned at Federalist promotion of English common law in American jurisprudence and at proceedings in the Senate against William Duane, printer of the Philadelphia Aurora. Drawing heavily on British legislative practice, however, as well as advice from Virginia, he begins in earnest to compile a manual of parliamentary procedures for the Senate.
As president of the American Philosophical Society, Jefferson calls for reform of the United States census. He publishes an appendix to Notes on the State of Virginia defending his account of the Mingo Indian Logan's legendary 1774 speech. And Jefferson consults Joseph Priestley and Pierre Samuel Du Pont de Nemours about the curriculum for a projected new university in Virginia. While continuing the reconstruction of Monticello, he mourns the death of the infant girl of his younger daughter, Mary Jefferson Eppes.
This volume opens on 13 November 1802, when Jefferson is in Washington, and closes on 3 March 1803, the final day of his second year as president. The central issue of these months is the closing of the right of deposit at New Orleans, an act that threatens the economic wellbeing of Westerners. Jefferson asks his old friend Pierre Samuel du Pont de Nemours to remind the French government of the strong friendship between the two nations. To disarm the political opposition, the president sends James Monroe, who is respected by the Federalists, to Europe as a special envoy to work with Robert Livingston in negotiating the dispute with France. Jefferson proposes a "bargain" that will result in the acquisition of the Louisiana Territory. In a confidential message to Congress, Jefferson seeks $2,500 to send a small party of men to explore the Missouri River. Congress concurs, and Jefferson's secretary Meriwether Lewis will lead the expedition. Settling the boundaries with Native American lands is a major theme of the volume. In reality, "settling" results in major cessions of Indian lands to the American government. During the months of this volume Jefferson never leaves the capital, even for a brief sojourn at Monticello. He does, however, enjoy a visit of six weeks from his daughters and two of his grandchildren. They participate in Washington society, capture the affection of Margaret Bayard Smith, and brighten Jefferson's days.
;The description for this book, The Papers of Thomas Jefferson, Volume 6: May 1781 to March 1784, will be forthcoming.
;The description for this book, The Papers of Thomas Jefferson, Volume 9: November 1785 to June 1786, will be forthcoming.
;The 618 documents in this volume span 1 September 1819 to 31 May 1820. Jefferson suffers from a "colic," recovery from which requires extensive rest and medication. He spends much time dealing with the immediate effects of the $20,000 addition to his debts resulting from his endorsement of notes for the bankrupt Wilson Cary Nicholas. Jefferson begins to correspond with his carpenter, the enslaved John Hemmings, as Hemmings undertakes maintenance and construction work at Poplar Forest. Jefferson and his allies in the state legislature obtain authorization for a $60,000 loan for the fledgling University of Virginia, the need for which becomes painfully clear when university workmen complain that they have not been paid during seven months of construction work. In the spring of 1820, following congressional discussion leading to the Missouri Compromise, Jefferson writes that the debate, "like a fire bell in the night, awakened and filled me with terror," and that with regard to slavery, Americans have "the wolf by the ear, and we can neither hold him, nor safely let him go."
;Modern presidents regularly appeal over the heads of Congress to the people at large to generate support for public policies. The Rhetorical Presidency makes the case that this development, born at the outset of the twentieth century, is the product of conscious political choices that fundamentally transformed the presidency and the meaning of American governance. Now with a new foreword by Russell Muirhead and a new afterword by the author, this landmark work probes political pathologies and analyzes the dilemmas of presidential statecraft. Extending a tradition of American political writing that begins with The Federalist and continues with Woodrow Wilson's Congressional Government, The Rhetorical Presidency remains a pivotal work in its field.
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