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Milner S. Ball

Bio: Milner S. Ball is an academic researcher from University of Georgia. The author has contributed to research in topics: Constitution & Practice of law. The author has an hindex of 7, co-authored 22 publications receiving 247 citations. Previous affiliations of Milner S. Ball include Washington and Lee University & Yale University.

Papers
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Journal ArticleDOI
TL;DR: This article explored the bearing of American constitutional law upon Native American tribes and showed that these claims are irreconcilable and that resolving the contradiction is at the expense of the tribes and the loss to non-Indians of the Indians' gift of their dexterity.
Abstract: We claim that the “constitution, and the laws of the United States which shall be made in pursuance thereof… shall be the supreme law of the land.” But we also claim to recognize the sovereignty of Native American nations, the original occupants of the land. These claims—one to jurisdictional monopoly, the other to jurisdictional multiplicity— are irreconcilable. Two hundred years have produced no resolution of the contradiction except at the expense of the tribes and the loss to non-Indians of the Indians' gift of their diflerence. This article explores the bearing of American constitutional law upon Native American tribes.

28 citations

Book
15 Dec 1985
TL;DR: Law is understood, interpreted, and practiced by metaphor as mentioned in this paper, and the presently dominant, conceptual metaphor for law is that law is the bulwark of freedom, which is a static, defensive posture that is all divisions and boundaries a contradiction to the meaning and purpose of law as well as destructive of human community.
Abstract: Law is understood, interpreted, and practiced by metaphor. The presently dominant, conceptual metaphor for law is that law is the bulwark of freedom. Milner S. Ball, in this experimental statement, invites the reader to consider an alternate metaphor: law is a medium of human solidarity. A more humane metaphor for law, Ball s alternative connotes an open-ended conductor allowing for exchange and flow rather than the defensive wall or barrier associated with bulwark. To discover how this alternate metaphor may take concrete form, Ball explores the law of the sea and coast while basing his discussion in broad theological terms. This provocative analysis of jurisprudence will interest academic and practicing lawyers, theologians, philosophers, and political scientists concerned with legal studies. Law as bulwark suggests a static, defensive posture that is all divisions and boundaries a contradiction to the meaning and purpose of law as well as destructive of human community. Law as medium, illuminated by Ball s analysis of international, federal, and state marine law, releases these barriers and promotes a flow of dialogue. When viewed in this way, law serves the dynamics of a transfigured society. The metaphorical context of law as bulwark, depicted by Ball, is Fortress America; the metaphorical context of law as medium is the Peaceable Kingdom. Ball examines the possibilities and practice of law as the medium of the Peaceable Kingdom through a theological perspective based on a nonreligious, political theology of the natural. The author also draws imaginatively upon ecology, physics, art, literature, ethics, and rhetoric to persuade the reader to join him in his hope for a jurisprudence more authentically human and less inherently victimizing than that of the legal system today."

25 citations


Cited by
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Journal ArticleDOI
TL;DR: The Journal of Legal Pluralism and Unofficial Law: Vol. 13, No. 19, pp. 1-47 as mentioned in this paper, is a collection of articles from 1981.
Abstract: (1981). Justice in many Rooms: Courts, Private Ordering, and Indigenous Law. The Journal of Legal Pluralism and Unofficial Law: Vol. 13, No. 19, pp. 1-47.

528 citations

Book
20 Nov 2008
TL;DR: In this article, the authors present an overview of the modern mixed regime with respect to the sense of powerlessness and symbols of depoliticization, and the preference for judgement.
Abstract: Preface Introduction Part I. Overseeing Democracy: 1. Vigilance, denunciation, evaluation 2. The overseers 3. The thread of history 4. Legitimacy conflicts Part II. The Sovereignty of Prevention: 5. From the right of resistance to complex sovereignty 6. Self-critical democracies 7. Negative politics Part III. The People as Judge: 8. Historical references 9. Almost legislators 10. The preference for judgement Part IV. Unpolitical Democracy: 11. The sense of powerlessness and symbols of depoliticization 12. The populist temptation 13. Lessons of unpolitical economy 14. Conclusion: the modern mixed regime.

454 citations

Journal Article
TL;DR: Increasingly, partnerships are being recommended by national bodies and pursued by funding agencies for achieving a wide range of significant outcomes, including service-learning, community-based participatory research and broad-based coalitions.
Abstract: Partnerships between communities and higher educational institutions as a strategy for change are gaining recognition and momentum. Service-learning, community-based participatory research and broad-based coalitions are among the methods these partnerships pursue to accomplish their goals. In the last decade alone, funding agencies have invested over a billion dollars in such partnerships, including more than a dozen multi-site initiatives that employ communitycampus partnerships as a change strategy. Increasingly, partnerships are being recommended by national bodies and pursued by funding agencies for achieving a wide range of significant outcomes, including:

171 citations

MonographDOI
TL;DR: In this paper, the Kantian aftermath of modern German philosophy is discussed, including the need for necessary conditions for the possibility of what is not: Heidegger on failed meaning, negative ethics, and the unavailability of the ordinary.
Abstract: 1. Introduction: 'bourgeois philosophy' and the problem of the subject Part I: 2. The Kantian aftermath: reaction and revolution in modern German philosophy Part II: 3. Necessary conditions for the possibility of what isn't: Heidegger on failed meaning 4. Gadamer's Hegel: subjectivity and reflection 5. Negative ethics: Adorno on the falseness of bourgeois life 6. The unavailability of the ordinary: Strauss on the philosophical fate of modernity 7. Hannah Arendt and the bourgeois origins of totalitarian evil 8. On not being a neo-structuralist: remarks on Manfred Frank and romantic subjectivity 9. Leaving nature behind: or, two cheers for subjectivism: on John McDowell Part III: 10. The ethical status of civility 11. Medical practice and Social authority in modernity Part IV. Expression: 12. The force of felt necessity: literature, ethical knowledge, and the law 13. What was abstract art? (from the point of view of Hegel) 14. On becoming who one is: Proust's problematic selves.

166 citations

Book
Carsten Stahn1
06 Dec 2018
TL;DR: A Critical Introduction to International Criminal Law as discussed by the authors explores these critiques through five main themes at the heart of contemporary dilemmas: the shifting contours of criminality and international crimesThe tension between individual and collective responsibilityThe challenges of domestic, international, hybrid and regional justice institutionsThe foundations of justice proceduresApproaches towards punishment and reparationSuitable for students, academics and professionals from multiple fields wishing to understand contemporary theories, practices and critiques of international criminal law.
Abstract: International criminal law has witnessed a rapid rise after the end of the Cold War. The United Nations refers to the birth of a new 'age of accountability', but certain historical objections, such as selectivity or victor's justice, have never fully gone away, and many of the justice dimensions of international criminal law remain unexplored. Various critiques have emerged in socio-legal scholarship or globalization discourse, revealing that there is a stark discrepancy between reality and expectation. Linking discussion of legal theories, case-law and practice to scholarship and opinion, A Critical Introduction to International Criminal Law explores these critiques through five main themes at the heart of contemporary dilemmas:The shifting contours of criminality and international crimesThe tension between individual and collective responsibilityThe challenges of domestic, international, hybrid and regional justice institutionsThe foundations of justice proceduresApproaches towards punishment and reparationSuitable for students, academics and professionals from multiple fields wishing to understand contemporary theories, practices and critiques of international criminal law. This title is also available as Open Access on Cambridge Core.

123 citations