This original look at the French Reformation pits immovable object--the French appellate courts or parlements--against irresistible force--the most dynamic forms of the Protestant Reformation. Without the slightest hesitation, the high courts of Renaissance France opposed these religious innovators. By 1540, the French monarchy had largely removed the prosecution of heresy from ecclesiastical courts and handed it to the parlements. Heresy trials and executions escalated dramatically. But within twenty years, the irresistible force had overcome the immovable object: the prosecution of Protestant heresy, by then unworkable, was abandoned by French appellate courts.
Until now no one has investigated systematically the judicial history of the French Reformation. William Monter has examined the myriad encounters between Protestants and judges in French parlements, extracting information from abundant but unindexed registers of official criminal decisions both in Paris and in provincial capitals, and identifying more than 425 prisoners condemned to death for heresy by French courts between 1523 and 1560. He notes the ways in which Protestants resisted the French judicial system even before the religious wars, and sets their story within the context of heresy prosecutions elsewhere in Reformation Europe, and within the long-term history of French criminal justice.
This volume questions the motives of Supreme Court justices in a landmark case: The Supreme Court's intervention in the presidential election of 2000, and its subsequent decision in favor of George W. Bush, elicited immediate, heated, and widespread debate. Critics argued that the justices used weak legal arguments to overturn the Florida Supreme Court's ruling, ending a ballot recount and awarding the presidency to Bush. More fundamentally, they questioned the motives of conservative judges who arrived at a decision in favor of the candidate who reflected their political leanings.
Judging the Supreme Court examines this controversial case and the extensive attention it has received. To fully understand the case, Clarke Rountree argues, we must understand "judicial motives." These are comprised of more than each judge's personal opinions. Judges' motives, which Rountree calls "rhetorical performances," are as influential and publicly discussed as their decisions themselves. Before they are dissected in the media, judges' motives are carefully crafted by the decision- makers themselves, their critics, and their defenders. Justices consider not only the motives of the government, of military officials, of criminals, of public speakers, and of others, they also consider, construct, construe, spin, and deconstruct the motives of dissenters (whom they want to show are "misguided"), earlier courts, lower courts, and, especially, themselves.
Every judicial opinion is essentially a portrait of motives that says, "Here's what we did and here's why we did it." Well-constructed judicial motives reinforce the idea that we live under "the rule of law," while motives articulated less successfully raise questions about the legitimacy not just of individual judicial decisions but also of our political system and its foundation on an impartial judiciary. In Bush v. Gore, Rountree concludes, the judges of the majority opinion were not motivated by judicial concerns about law and justice, but rather by their own political and personal motives.
Is it more dangerous to call something evil or not to? This fundamental question deeply divides those who fear that the term oversimplifies grave problems and those who worry that, to effectively address such issues as terrorism and genocide, we must first acknowledge them as evil. Recognizing that the way we approach this dilemma can significantly affect both the harm we suffer and the suffering we inflict, a distinguished group of contributors engages in the debate with this series of timely and original essays.
Drawing on Western conceptions of evil from the Middle Ages to the present, these pieces demonstrate that, while it may not be possible to definitively settle moral questions, we are still able—and in fact are obligated—to make moral arguments and judgments. Using a wide variety of approaches, the authors raise tough questions: Why is so much evil perpetrated in the name of good? Could evil ever be eradicated? How can liberal democratic politics help us strike a balance between the need to pass judgment and the need to remain tolerant? Their insightful answers exemplify how the sometimes rarefied worlds of political theory, philosophy, theology, and history can illuminate pressing contemporary concerns.
In Reflections on Judging, Richard Posner distills the experience of his thirty-one years as a judge of the United States Court of Appeals for the Seventh Circuit. Surveying how the judiciary has changed since his 1981 appointment, he engages the issues at stake today, suggesting how lawyers should argue cases and judges decide them, how trials can be improved, and, most urgently, how to cope with the dizzying pace of technological advance that makes litigation ever more challenging to judges and lawyers.
For Posner, legal formalism presents one of the main obstacles to tackling these problems. Formalist judges--most notably Justice Antonin Scalia--needlessly complicate the legal process by advocating "canons of constructions" (principles for interpreting statutes and the Constitution) that are confusing and self-contradictory. Posner calls instead for a renewed commitment to legal realism, whereby a good judge gathers facts, carefully considers context, and comes to a sensible conclusion that avoids inflicting collateral damage on other areas of the law. This, Posner believes, was the approach of the jurists he most admires and seeks to emulate: Oliver Wendell Holmes, Louis Brandeis, Benjamin Cardozo, Learned Hand, Robert Jackson, and Henry Friendly, and it is an approach that can best resolve our twenty-first-century legal disputes.
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