Political Science and Science Fiction

1958 ◽  
Vol 52 (4) ◽  
pp. 1026-1029 ◽  
Author(s):  
John P. Roche
Keyword(s):  
Science Fiction ◽  
Supreme Court ◽  
Political Science ◽  
Public Law ◽  
Frame Of Reference ◽  
Board Of Education ◽  
The Social ◽  
The Supreme Court ◽  
The World ◽  
The Right

I want to dissent initially from the rather constricting frame of reference that Schubert has established in his paper. He has every right in the world to set rhetorical snares, but I have no intention of walking into them. If I may summarize, Schubert asserts that he is a spokesman for a radical new direction in the study of public law, claiming that the old ways are moribund. He further urges that we should look with envy at the creative function of the social psychologists who supplied the Supreme Court with the banners it carried in Brown v. Board of Education while we were bumbling around with historical and philosophical trivia. He concludes that instead of wasting our time with talmudic disputations on whether the Supreme Court reached the “right” or the “wrong” decisions in specific cases, we should settle down to build a firm “scientific” foundation for our discipline.Not the least amusing aspect of this indictment is that I find myself billed as the defender of the ancien régime, as the de Maistre of public law. Therefore, for the benetfit of the young and impressionistic, let me break loose from Schubert's rhetorical trap: I too think that much of the research done in public law—and, for that matter, in political science generally—has been trivial.

Social Science in the Courtroom

2021 ◽  
pp. 240-243
Author(s):  
Michael J. Rosenfeld
Keyword(s):  
Social Science ◽  
Supreme Court ◽  
Social Science Research ◽  
Science Research ◽  
Board Of Education ◽  
White Children ◽  
Same Sex Couples ◽  
The Social ◽  
The Supreme Court ◽  
The Many

Chapter 18 describes social science research of the 1940s and 1950s that showed how segregation harmed both minority and majority populations and thereby played a role in the landmark Brown v. Board of Education decision of 1954. Between 1896, when the Supreme Court endorsed segregation in Plessy v. Ferguson to 1954, when the Supreme Court rejected segregation, social science had built a consensus about the many harms and costs that racial segregation imposed on Black and on White children. Like school desegregation, marriage equality’s victories in the courts were built on a social science consensus, specifically the social science consensus that children raised by same-sex couples have good outcomes.

scholarly journals The Right to Receive Information

2017 ◽  
Author(s):  
Susan Nevelow Mart
Keyword(s):  
Supreme Court ◽  
Board Of Education ◽  
Legal Evolution ◽  
The Supreme Court ◽  
The Right ◽  
To Receive

Ms. Mart examines the legal evolution of the right to receive information, particularly focusing on its application to libraries, beginning with the Supreme Court holding in Board of Education v. Pico, and followed by cases that have considered the meaning of Pico in a variety of library-related contexts.

International Humanitarian Law and the Israeli Supreme Court

2014 ◽  
Vol 47 (2) ◽  
pp. 181-189 ◽  
Author(s):  
Aharon Barak
Keyword(s):  
Supreme Court ◽  
The Political ◽  
International Humanitarian Law ◽  
Right Wing ◽  
Humanitarian Law ◽  
The Supreme Court ◽  
The World ◽  
Political Spectrum ◽  
Israeli Supreme Court ◽  
The Right

In contrast with most other municipal courts in the world, the Israeli Supreme Court routinely decides cases based on international humanitarian law (IHL). Since the Six Day War in 1967, both the state and the Supreme Court have agreed that the Court has jurisdiction to decide humanitarian issues that come before it from territory held under belligerent occupation. The Court has indeed done so in issues ranging from land seizures to targeted killings, ruling on the basis of the relevant IHL. The Court has been criticised for its judgments, both from the right wing of the political spectrum, who see it as interfering with military matters, and from the left, who see it as granting legitimacy to occupation. In this article, I briefly describe the development, both historical and legal, of IHL in the Israeli Supreme Court, the criticism of the way the law is applied by the Court, and finally the importance of the fundamental concepts of human dignity and proportionality to IHL decisions.

Under the Law

2018 ◽  
Vol 99 (5) ◽  
pp. 76-77
Author(s):  
Julie Underwood
Keyword(s):  
Human Rights ◽  
Supreme Court ◽  
International Law ◽  
Universal Declaration ◽  
Educational Rights ◽  
The Supreme Court ◽  
The World ◽  
The Law ◽  
The Right ◽  
The U.S

The right to an education is guaranteed by international law in the Universal Declaration of Human Rights. Similarly, UNESCO’s Constitution sets out the right to an education as necessary to “prepare the children of the world for the responsibilities of freedom.” No such right is mentioned in the U.S. Constitution, though. Perhaps Congress or the Supreme Court would be sympathetic, however, to an argument for educational rights based on the 14th Amendment’s guarantee of the rights of citizenship.

scholarly journals Order and Chaos in Young Adult Science Fiction: A Critical Stylistic Analysis

2019 ◽  
Author(s):  
Suroor Yaseen Mustafa ◽  
Huda Hadi Khalil
Keyword(s):  
Young Adults ◽  
Young Adult ◽  
Science Fiction ◽  
Social Power ◽  
Stylistic Analysis ◽  
Literary Genres ◽  
The Social ◽  
The World ◽  
The Right ◽  
Brighter Future

With the challenges and revolutionary changes in the world, it is essential that the sources of social power direct the communities towards the right path that leads to a brighter future, especially when it comes to young adults. Young adults represent a critical social group that needs special attention. Therefore, the present paper tackles one of the fascinating literary genres to young adults; young adult science fiction. The paper attempts to investigate how the social themes of order and chaos are delivered to young adults in young adult science fiction through conducting a critical stylistic analysis of certain extracts in selected young adult science fiction novels. The linguistic tool employed for the critical stylistic analysis is negation for its prevalent use in the discourse, in general, and for its textual effectiveness in rendering hidden ideologies, whether intended or unconscious.K

The law and practice of customary arbitration in Nigeria: Agu v. Ikewibe and applicable law issues revisited

1997 ◽  
Vol 41 (2) ◽  
pp. 201-214 ◽  
Author(s):  
Virtus Chitoo Igbokwe
Keyword(s):  
Supreme Court ◽  
Case Law ◽  
Applicable Law ◽  
Divergence Of Opinion ◽  
The Social ◽  
The Supreme Court ◽  
Open Debate ◽  
The Law ◽  
Enforcement Mechanisms ◽  
The Right

“Reservations about any concept do not automatically discredit it but allow for healthy and open debate to take place… the discussions that can arise from any such criticism, constructive or otherwise, can often lead to a greater awareness of the values of the system and ways in which it can be strengthened and made more effective in the interests of the general public.”This article critically examines the controversies surrounding the law and practice of customary arbitration in Nigeria against the background of the decision of the Nigerian Supreme Court in Agu v. Ikewibe. The case law on customary arbitration is briefly reviewed with a view to demonstrating that prior to the Agu case, there existed a divergence of opinion among judges on some fundamental principles of the law and practice of customary arbitration in Nigeria, particularly with respect to the right of the parties to withdraw at any stage of the arbitration proceedings or even after the award is rendered. The article disagrees with the views of some judges and learned scholars that theres no distinction between customary arbitration and other consensus-oriented dispute resolution methods such as negotiation and conciliation. In disagreeing with these views, it is argued that in distinguishing customary arbitration from negotiation or conciliaion, the nature of the decision-making process should be of paramount consideration. It will further be argued that the binding nature or enforcement of the decisions of a judicial or quasi-judicial body differs from society to society. These enforcement mechanisms should not be divorced from the social relationships existing in a particular society. In conclusion, the article endorces the decision of the Supreme Court in Agu v. Ikewibe as the correct restatement of the law and practice of customary arbitration in Nigeria.

Brown’s Half Light

2004 ◽  
Author(s):  
Derrick Bell
Keyword(s):  
Supreme Court ◽  
Black People ◽  
Board Of Education ◽  
New Era ◽  
Black Experience ◽  
Educational Rights ◽  
The Supreme Court ◽  
Black Residents ◽  
The Right ◽  
The City

The Evening Of May 17, 954, was a night for celebration. An office full of ecstatic NAACP workers in Manhattan, as well as black people throughout the country, were doing just that as they hailed the bright new era all assumed would arrive with the landmark decision in Brown v. Board of Education handed down by the Supreme Court earlier that day. The case was not easily won. It was the culmi­nation of two decades of planning and litigation. At the very least, a party was in order. The NAACP staff hailed the high court’s opinion with cheers, toasts, and impromptu dancing, but according to one report, Thurgood Marshall, one of the chief architects of the litigation wandered morosely through the happy throng frowning. “You fools go ahead and have your fun,” he said, “but we ain’t begun to work yet.” Marshall’s prediction was both prophetic and a highly accurate commentary on the black experience. Even so, the staff had reason to celebrate. The orga­nization was doing what its founders had intended. The National Association for the Advancement of Colored People (NAACP)was founded in 1909. Its founders, an interracial group of liberal lawyers and socialists, concerned with the nonenforcement of the Four­teenth and Fifteenth Amendments, saw the need for an organization that would effectively press for political, legal, and educational rights. They sought an end to segregation, the right to work, and the right to protec­tion from violence and intimidation. The need for the NAACP was clear. In the previous year, in addition to the several dozen blacks lynched each year, thousands of whites rioted in Springfield, Illinois. They killed six blacks, two by lynching, and burned and destroyed black homes and businesses. Two thousand blacks left the city but none of the alleged riot leaders were punished, although the city obtained indictments following the restoration of order. The white community launched a political and economic boycott to drive out the remaining black residents. After its founding, the NAACP established a legal redress com­mittee, and in the next decades several of its cases reached the Supreme Court.

scholarly journals La cobertura integral de prestaciones a las personas con discapacidad / The comprehensive coverage of benefits for people with disabilities

2018 ◽  
pp. 155-163
Author(s):  
Ángeles María Báez
Keyword(s):  
Social Work ◽  
Supreme Court ◽  
People With Disabilities ◽  
Right To Health ◽  
Persons With Disabilities ◽  
Court Of Justice ◽  
The Social ◽  
The Supreme Court ◽  
The Right ◽  
Court Of First Instance

El presente trabajo versará sobre el análisis de una polémica sentencia de la Corte Suprema de Justicia de la Nación en la que se decide a favor de la Obra Social del Poder Judicial de la Nación, la cual había impugnado la resolución que la condenaba a prestar cobertura íntegra a una persona con discapacidad. El fundamento de la Corte: la omisión por parte del Tribunal de Primera Instancia de la aplicación de la resolución OSPJ 822/13 que establece las condiciones de cobertura de la prestación de asistencia domiciliaria de las personas con discapacidad, que es compatible con la Ley 24.901. Sin duda alguna, un caso controvertido en el que se encuentra en juego el derecho a la salud, la protección de las personas con discapacidad y el alcance de la cobertura de las obras sociales.   The present work will deal with the analysis of a controversial sentence of the Supreme Court of Justice of the Nation in which it is decided in favor of the Social Work of the Judicial Power of the Nation, which had challenged the resolution that condemned it to provide coverage integrates a person with a disability. The basis of the Court: the omission by the Court of First Instance of the application of the resolution OSPJ 822/13 that establishes the conditions of coverage of the provision of domiciliary assistance for persons with disabilities, which is compatible with Law 24,901. Undoubtedly, a controversial case in which the right to health is at stake, the protection of people with disabilities and the scope of coverage of social works.

The Problem of the Non-justiciability of Religious Defamations

2015 ◽  
Vol 18 (1) ◽  
pp. 36-52
Author(s):  
Peter Smith
Keyword(s):  
Supreme Court ◽  
Common Law ◽  
Public Law ◽  
European Convention ◽  
Religious Doctrine ◽  
The Supreme Court ◽  
The Common ◽  
Uk Supreme Court ◽  
The Uk ◽  
The Right

English courts have historically been wary of deciding cases that rest on contested findings of fact about the practices and doctrines of religions. This is particularly true in defamation cases. However, the recent case of Shergill and others v Khaira and others [2014] UKSC 33 in the UK Supreme Court has narrowed the principle of non-justiciability on the grounds of subject matter. Defamation cases such as Blake v Associated Newspapers Limited [2003] EWHC 1960 (QB) have treated religious doctrine and practice as matters not justiciable per se, even if a determination is essential for the exercise of private or public law rights and obligations. The Supreme Court indicated in Khaira that it may be appropriate for courts to treat such disputes as justiciable. The common law, domestic statute and the European Convention on Human Rights protect the right to reputation, and Khaira indicates that it is time that defamation claims resting on disputes about religious doctrine and practice were entertained by the courts to a much greater extent than recent cases have allowed. However, the judgment has left open the possibility of some religious disputes still being non-justiciable.

The Right to Housing: Challenges Associated with the ‘Waiting List System’ Ekurhuleni Metropolitan Municipality V Various Occupiers, Eden Park Extension 5 2014 3 SA 23 (SCA)

2017 ◽  
Vol 30 (1) ◽  
pp. 112-121
Author(s):  
Shamier Ebrahim
Keyword(s):  
Supreme Court ◽  
Waiting Lists ◽  
The State ◽  
Waiting List ◽  
Allocation Process ◽  
The Supreme Court ◽  
The Right ◽  
The Impact ◽  
Court Of Appeal

The right to adequate housing is a constitutional imperative which is contained in section 26 of the Constitution. The state is tasked with the progressive realisation of this right. The allocation of housing has been plagued with challenges which impact negatively on the allocation process. This note analyses Ekurhuleni Metropolitan Municipality v Various Occupiers, Eden Park Extension 51 which dealt with a situation where one of the main reasons provided by the Supreme Court of Appeal for refusing the eviction order was because the appellants subjected the unlawful occupiers to defective waiting lists and failed to engage with the community regarding the compilation of the lists and the criteria used to identify beneficiaries. This case brings to the fore the importance of a coherent (reasonable) waiting list in eviction proceedings. This note further analyses the impact of the waiting list system in eviction proceedings and makes recommendations regarding what would constitute a coherent (reasonable) waiting list for the purpose of section 26(2) of the Constitution.

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