498 research outputs found
The Rise and Fall of Judicial Self-Restraint, 100 California Law Review: Translated from the Journal California Law Review 519 (2012)Richard A. Posner, The Rise and Fall of Judicial Self-Restraint, 100
No full textThe following translation is completed according to the publication: Richard A. Posner, “The Rise and Fall of Judicial Self-Restraint”, 100California Law Review 519 (2012).Richard A. Posner is one of the most influential scholars who served as a federal appellate judge on the U.S Court of Appeals for the 7th Circuit. This article discusses the origins and characteristics of the doctrine of Judicial Self-Restraint. The author reviews James Bradley Thayer’s constitutional doctrine which argues that judges should overturn a legislative act only when there is no reasonable doubt that it is unconstitutional. According to Posner, Thayer’s doctrine was approved and utilized by great American jurists including Oliver Wendell Holmes, Louis Brandeis, Felix Frankfurter and Alexander Bickel in their judicial and academic writings.
The paper suggests that one of the major reasons for declining the prominence of Judicial SelfRestraint was the development of modern Constitutional Theories (like originalism, textualism, moral interpretations, etc.) stimulated by the conservative backlash against the Warren Court’s Judicial Activism. Subsequently, Judge Posner makes the case for Judicial Pragmatism which emphasizes the significance of consequences over doctrine by offering the eight principles of legal pragmatism. And the author argues that the most highly regarded jurists in American legal history have always been pragmatists.The following translation is completed according to the publication: Richard A. Posner, “The Rise and Fall of Judicial Self-Restraint”, 100California Law Review 519 (2012).Richard A. Posner is one of the most influential scholars who served as a federal appellate judge on the U.S Court of Appeals for the 7th Circuit. This article discusses the origins and characteristics of the doctrine of Judicial Self-Restraint. The author reviews James Bradley Thayer’s constitutional doctrine which argues that judges should overturn a legislative act only when there is no reasonable doubt that it is unconstitutional. According to Posner, Thayer’s doctrine was approved and utilized by great American jurists including Oliver Wendell Holmes, Louis Brandeis, Felix Frankfurter and Alexander Bickel in their judicial and academic writings.
The paper suggests that one of the major reasons for declining the prominence of Judicial SelfRestraint was the development of modern Constitutional Theories (like originalism, textualism, moral interpretations, etc.) stimulated by the conservative backlash against the Warren Court’s Judicial Activism. Subsequently, Judge Posner makes the case for Judicial Pragmatism which emphasizes the significance of consequences over doctrine by offering the eight principles of legal pragmatism. And the author argues that the most highly regarded jurists in American legal history have always been pragmatists
Stephen E. Posner Maccabiah Games 1989
No full textA photograph of Steve Posner and the Maccabiah gymnasts at the 1989 Maccabiah Games. In the photograph there are seven gymnasts, and Steve Posner and another coach are standing on the outside of the gymnasts. The photograph was taken outside.In 1989, Steve Posner coached the USA men's gymnastics team to a second place finish at the 13th Maccabiah Games. The Maccabi World Union is the largest and longest running Jewish sports organization spanning over five continents, more than 60 countries, 450 clubs, and 400,000 members. The Maccabiah is the world’s largest Jewish athletic competition in the tradition and values of Maccabi, emphasizing the centrality of the State of Israel in the life of the Jewish people. The Maccabiah takes place every four years in Israel
Richard Posner summarizes: Legal realism as the response to the challenges of today
No full textRichard Posner, law professor at the University of Chicago and an American federal judge, one of the founders of economic analysis of law is among the greatest living representatives of contemporary American jurisprudence. This paper begins with the analysis of the influences of Posner's life on his theoretical orientation. Further on, the author shines a light on Posner's pragmatic, anti-formalistic approach and tendency to use economic analysis to explain judicial behavior. For that purpose, Posner uses ideas developed by American legal realism. Nevertheless, Posner distances himself from classical American legal realism, striving to create compromise between formalism and realism. Therefore, Posner takes centrist position, the position of 'balanced' realism. Though Posner tries to follow the middle way between extremes, in the light of contemporary challenges, most of all technological, he perceives the future in the realistic approach. The author claims that the Posner's pragmatic spirit, formed in his family and developed by his education and profession (his experience), had prevailing influence on his choice of legal realism in his late years. Particularly today, when life is much 'faster' than law, the judges are those who have to adapt the law to life (not only in common law countries). Therefore it seems that really 'the path forward is the path of realism'
The Christian Right and US Foreign Policy in the Twenty-first Century
Get PDFThe thesis discusses the role of the Christian Right in the US foreign policy decision making process. The research revealed that the Christian Right has long been fascinated with some international issues in general and US foreign policy in particular. The Christian Right’s interest in international issues increased markedly during years of the George W. Bush presidency. It successfully widened its activities from domestic social conservative issues to foreign policy issues by participating in, articulating and lobbying for its religious version of American foreign policy. In assessing the role of the Christian Right in US foreign policy making, this dissertation examines three aspects of US foreign policy, namely Israel, international religious freedom and global humanitarianism. Based on these aspects, the Christian Right is seen as skilled in framing and defining issues. The Christian Right seems effective in selecting and prioritizing international issues that have a reasonable chance of being selected by foreign policy decision makers, especially in Congress. Moreover, the Christian Right has shown its maturity in seeking engagement and cooperation with other organizations, secular and religious, in order to advance its international goals. Finally, in pursuing and conveying its international agenda, the Christian Right has adopted a more moderate and less overtly religious approach. Instead of using its traditional religious rhetoric, the Christian Right has successfully projected its foreign policy preferences into the conventional realist discourse of American foreign policy that is largely based on the objective of national interest and national security. Nevertheless, this study does not, in any way, conclude that the Christian Right was able to influence or determine the direction of US foreign policy and its outcomes; however, it does suggest that the Christian Right did contribute and have an impact on the formulation of some US foreign policy. As such, the research contends that the role of the Christian Right is similar to other interest group lobbies and that its perceived influence on US foreign policy should not be exaggerated. Finally, the research suggests that the emergence of the Christian Right as an actor in asserting its global agenda through US foreign policy can possibly provide an example of how religious beliefs and values can become a potential source of “soft power”. Together with the “climate of opinion” of the American public during the Bush administration, the “soft power” at domestic level could serve as a valuable new explanatory variable in understanding how the US foreign policy was formulated in the early 21st century
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Law and Social Norms /
No full textWhat is the role of law in a society in which order is maintained mostly through social norms, trust, and nonlegal sanctions? Eric Posner argues that social norms are sometimes desirable yet sometimes odious, and that the law is critical to enhancing good social norms and undermining bad ones. But he also argues that the proper regulation of social norms is a delicate and complex task, and that current understanding of social norms is inadequate for guiding judges and lawmakers. What is needed, and what this book offers, is a model of the relationship between law and social norms. The model shows that people's concern with establishing cooperative relationships leads them to engage in certain kinds of imitative behavior. The resulting behavioral patterns are called social norms. Posner applies the model to several areas of law that involve the regulation of social norms, including laws governing gift-giving and nonprofit organizations; family law; criminal law; laws governing speech, voting, and discrimination; and contract law. Among the engaging questions posed are: Would the legalization of gay marriage harm traditional married couples? Is it beneficial to shame criminals? Why should the law reward those who make charitable contributions? Would people vote more if non-voters were penalized? The author approaches these questions using the tools of game theory, but his arguments are simply stated and make no technical demands on the reader
Shifting attention in viewer- and object-based reference frames after unilateral brain injury
Get PDFThe aims of the present study were to investigate the respective roles that object- and viewer-based reference frames play in reorienting visual attention, and to assess their influence after unilateral brain injury. To do so, we studied 16 right hemisphere injured (RHI) and 13 left hemisphere injured (LHI) patients. We used a cueing design that manipulates the location of cues and targets relative to a display comprised of two rectangles (i.e., objects). Unlike previous studies with patients, we presented all cues at midline rather than in the left or right visual fields. Thus, in the critical conditions in which targets were presented laterally, reorienting of attention was always from a midline cue. Performance was measured for lateralized target detection as a function of viewer-based (contra- and ipsilesional sides) and object-based (requiring reorienting within or between objects) reference frames. As expected, contralesional detection was slower than ipsilesional detection for the patients. More importantly, objects influenced target detection differently in the contralesional and ipsilesional fields. Contralesionally, reorienting to a target within the cued object took longer than reorienting to a target in the same location but in the uncued object. This finding is consistent with object-based neglect. Ipsilesionally, the means were in the opposite direction. Furthermore, no significant difference was found in object-based influences between the patient groups (RHI vs. LHI). These findings are discussed in the context of reference frames used in reorienting attention for target detection
Jewish Children's Literature Around the World: A Survey
Get PDFThe First International Symposium on Jew ish Children's Literature, which met for a full day on July 4, 1990, during the First International Conference of Judaica and Israeli Librarians (July 2–6, 1990), was the culmination of a year-long study on the state of children's literature with Jewish content in all countries with a Jewish population -- except for Israel and the United States, which were not included because this information is readily available. An article on children's literature in Israel, "Leading Israeli Children's Authors," by Dr. Jaqueline Shachter Weiss, appeared in Judaica Librarianship (Weiss, 1985), and a second article, ""Forty Years of Children's Literature in Israel: Genres, Trends, and Heroes," by Dr. Shlomo Harel, appears in this issue
Alte Drucke in Israel digitalisiert
No full textDie israelische Nationalbibliothek hat fast nur hebräische Drucke für ihr Projekt ausgewählt (alle Bücher im DjVu-Format), es gibt aber auch schon zwei Drucke von 1499 und 1555 auf Latein, wobei die "Hypnerotomachia Poliphili" (1499) bereits mindestens dreimal im Netz präsent ist: bei der Posner Collection der CMU, in Sevilla und in Delft/MIT Press (Linknachweise)
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