Reveals how Supreme Court justices' personalities, particularly conscientiousness, influence the Law, the High Court, and the Constitution.

What would you do if you were drafted to fight in a war? As a conscientious objector opposed to all wars, Wayne R. Ferren Jr. had to answer that question during the Vietnam War. He called on his religious and scientific backgrounds as well as his environmental activism to argue that he should be excluded from fighting in, or supporting this war. Following a successful defense of his claim, Wayne served two years of alternative civilian service, which influenced his professional and personal life for the next fifty years. Decades after his service, he was shocked to find his name on the Vietnam War Memorial, which turned out to be that of another young man with a similar name born the same year Wayne was born. That man died in 1968 when his plane was hit by artillery fire and crash landed at Khe Sanh Marine Combat Base. He will forever remain a teenage father killed in a senseless war. To this day, the duality haunts the author, and in this multifaceted memoir, he looks back at a lifetime and how his background, scientific training, and transcendentalism have guided him on a path of conscientious objection, service, and conservation, believing all things are sacred.

Explores the multifaceted debate on the interconnection between conscientious objections, religious liberty, and the equality of women and sexual minorities.

The book shows that civil disobedience is generally more defensible than private conscientious objection. Part I explores the morality of conviction and conscience. Each of these concepts informs a distinct argument for civil disobedience. The conviction argument begins with the communicative principle of conscientiousness (CPC). According to the CPC, having a conscientious moral conviction means not just acting consistently with our beliefs and judging ourselves and others by a common moral standard. It also means not seeking to evade the consequences of our beliefs and being willing to communicate them to others. The conviction argument shows that, as a constrained, communicative practice, civil disobedience has a better claim than private objection does to the protections that liberal societies give to conscientious dissent. This view reverses the standard liberal picture which sees private 'conscientious' objection as a modest act of personal belief and civil disobedience as a strategic, undemocratic act whose costs are only sometimes worth bearing. The conscience argument is narrower and shows that genuinely morally responsive civil disobedience honours the best of our moral responsibilities and is protected by a duty-based moral right of conscience. Part II translates the conviction argument and conscience argument into two legal defences. The first is a demands-of-conviction defence. The second is a necessity defence. Both of these defences apply more readily to civil disobedience than to private disobedience. Part II also examines lawful punishment, showing that, even when punishment is justifiable, civil disobedients have a moral right not to be punished. Oxford Legal Philosophy publishes the best new work in philosophically-oriented legal theory. It commissions and solicits monographs in all branches of the subject, including works on philosophical issues in all areas of public and private law, and in the national, transnational, and international realms; studies of the nature of law, legal institutions, and legal reasoning; treatments of problems in political morality as they bear on law; and explorations in the nature and development of legal philosophy itself. The series represents diverse traditions of thought but always with an emphasis on rigour and originality. It sets the standard in contemporary jurisprudence.

While many recent observers have accused American judges—especially Supreme Court justices—of being too driven by politics and ideology, others have argued that judges are justified in using their positions to advance personal views. Advocating a different approach—one that eschews ideology but still values personal perspective—H. Jefferson Powell makes a compelling case for the centrality of individual conscience in constitutional decision making. Powell argues that almost every controversial decision has more than one constitutionally defensible resolution. In such cases, he goes on to contend, the language and ideals of the Constitution require judges to decide in good faith, exercising what Powell calls the constitutional virtues: candor, intellectual honesty, humility about the limits of constitutional adjudication, and willingness to admit that they do not have all the answers. Constitutional Conscience concludes that the need for these qualities in judges—as well as lawyers and citizens—is implicit in our constitutional practices, and that without them judicial review would forfeit both its own integrity and the credibility of the courts themselves.

INSTANT NEW YORK TIMES BESTSELLER “Meltzer has earned the right to belly up to the bar with John Grisham, Scott Turow, and David Baldacci.” – People "A madcap mix of intrigue, romance and legal trivia.” – New York Times The young attorneys who clerk for Supreme Court justices wield extraordinary power—privy to sensitive material that could prove disastrous in unscrupulous hands, making decisions that could change lives… or destroy them. They are… THE TENTH JUSTICE Landing a prestigious position as a Supreme Court clerk fresh out of Yale Law, Ben Addison is on the ultrafast track to success—until he inadvertently shares a classified secret with the wrong listener. And now the anonymous blackmailer who made a killing with Ben’s information is demanding more. Guilty of a criminal act, his golden future suddenly in jeopardy, Ben turns for help to his roommates—three close friends from childhood, each strategically placed near the seats of Washington power—and to his beautiful, whip-smart fellow clerk, Lisa Schulman. But trust is a dangerous commodity in the nation’s capital. And when lives, careers, and power are at stake, loyalties can shatter like glass… and betrayals can be lethal.

John Rawls is widely regarded as one of the most influential philosophers of the twentieth century, and his work has permanently shaped the nature and terms of moral and political philosophy, deploying a robust and specialized vocabulary that reaches beyond philosophy to political science, economics, sociology, and law. This volume is a complete and accessible guide to Rawls' vocabulary, with over 200 alphabetical encyclopaedic entries written by the world's leading Rawls scholars. From 'basic structure' to 'burdened society', from 'Sidgwick' to 'strains of commitment', and from 'Nash point' to 'natural duties', the volume covers the entirety of Rawls' central ideas and terminology, with illuminating detail and careful cross-referencing. It will be an essential resource for students and scholars of Rawls, as well as for other readers in political philosophy, ethics, political science, sociology, international relations and law.