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A Matter of Principle (Paperback)
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A Matter of Principle (Paperback)
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Total price: R1,574
Discovery Miles: 15 740
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This is a book about the interplay of urgent political issues and
hotly debated questions of moral philosophy. The controversies it
joins are old; but history has given them fresh shape. For example,
whether judges should and do make law is now of more practical
importance than ever before, as recent presidents have appointed
enough justices to the Supreme Court to set its character for a
generation. With forceful style, Ronald Dworkin addresses questions
about the Anglo-American legal system as protector of individual
rights and as machinery for furthering the common good. He
discusses whether judges should make political decisions in hard
cases; the balancing of individual rights versus the good of the
community; whether a person has the right to do what society views
as wrong; and the meaning of equality in any framework of social
justice. Dworkin strongly opposes the idea that judges should aim
at maximizing social wealth. It is his conviction that the area of
discretion for judges is severely limited, that in a mature legal
system one can always find in existing law a "right answer" for
hard cases. Dworkin helps us thread our way through many timely
issues such as the rights and privileges of the press under the
First Amendment. He reviews the Bakke case, which tested
affirmative action programs. These essays also examine civil
disobedience, especially in nuclear protests, and bring new
perspective to the debate over support of the arts. Above all, this
is a book about the interplay between two levels of our political
consciousness: practical problems and philosophical theory, matters
of urgency and matters of principle. The concluding essay on press
freedom expands the discussion of conflict between principle and
policy into a warning. Though some defenders of the press blend the
two in order to expand freedom of speech, the confusion they create
does disservice to their aim and jeopardizes the genuine and
fragile right of free speech. We stand in greater danger of
compromising that right than of losing the most obvious policy
benefits of powerful investigative reporting and should therefore
beware the danger to liberty of confusing the two. The caution is
general. If we care so little for principle that we dress policy in
its colors when this suits our purpose, we cheapen principle and
diminish its authority.
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