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Full-Text Articles in Law
Discerning A Dignitary Offense: The Concept Of Equal 'Public Rights' During Reconstruction, Rebecca J. Scott
Discerning A Dignitary Offense: The Concept Of Equal 'Public Rights' During Reconstruction, Rebecca J. Scott
Articles
The mountain of modern interpretation to which the language of the Fourteenth Amendment of the United States Constitution has been subjected tends to overshadow the multiple concepts of antidiscrimination that were actually circulating at the time of its drafting. Moreover, as authors on race and law have pointed out, Congress itself lacked any African American representatives during the 1866–68 moment of transitional justice. The subsequent development of a “state action doctrine” limiting the reach of federal civil rights enforcement, in turn, eclipsed important contemporary understandings of the harms that Reconstruction-era initiatives sought to combat. In contrast to the oblique language …
Dignity And Civility, Reconsidered, Leah Litman
Dignity And Civility, Reconsidered, Leah Litman
Articles
People often talk about the Chief Justice, Justice Kagan, and Justice Breyer as the institutionalists on the modern Supreme Court. And that’s true, they are. Those Justices care about the Court as an institution and the Court’s reputation. They do not want people to look at the Court as a set of politicians in robes; and they do not want people to see judges as having ideological or partisan agendas. That is how they think of themselves, and they are willing to make compromises to maintain that image of the Court, and to set aside their personal beliefs in order …
Dignité/Dignidade: Organizing Against Threats To Dignity In Societies After Slavery, Rebecca J. Scott
Dignité/Dignidade: Organizing Against Threats To Dignity In Societies After Slavery, Rebecca J. Scott
Book Chapters
This chapter is not an attempt to join the fractious debate over philosophical first principles or juridical first usages of the term 'dignity'. Instead, it explores the tight connection between the institution of slavery and the giving of specific meanings to the concept of dignity, in particular times and particular places. To explore the dynamics of the intertwined process of creating and drawing upon meaning for the terms 'dignity' and 'slavery', I examine two historical movements that emerged after formal abolition.
Dignity As Perception: Recognition Of The Human Individual And The Individual Animal In Legal Thought, Joseph Vining
Dignity As Perception: Recognition Of The Human Individual And The Individual Animal In Legal Thought, Joseph Vining
Book Chapters
'To their murderers these wretched people were not individuals at all. They came in wholesale lots and were treated worse than animals.' This was Telford Taylor, beginning the presentation of the 'Medical Case' at the Nuremberg Trials after the Second World War. The 'Medical Case' was not about genocide or war or the conduct of war. It was about experimentation on human beings; and it was this trial that produced the 'Nuremberg Code', the first control of such treatment of human beings by one another. The word 'individual' came naturally to Taylor the lawyer as a starting point, and with …