Tara Smith

How should courts interpret the law? While all agree that courts must be objective, people differ sharply over what this demands in practice: fidelity to the text? To the will of the people? To certain moral ideals? In Judicial Review in an Objective Legal System, Tara Smith breaks through the false dichotomies inherent in dominant theories - various forms of originalism, living constitutionalism, and minimalism - to present a new approach to judicial review. She contends that we cannot assess judicial review in isolation from the larger enterprise of which it is a part. By providing careful clarification of both the function of the legal system as well as of objectivity itself, she produces a compelling, firmly grounded account of genuinely objective judicial review. Smith's innovative approach marks a welcome advance for anyone interested in legal objectivity and individual rights.

Ayn Rand is well known for advocating egoism, but the substance of that instruction is rarely understood. Far from representing the rejection of morality, selfishness, in Rand's view, actually demands the practice of a systematic code of ethics. This book explains the fundamental virtues that Rand considers vital for a person to achieve their objective well-being: rationality, honesty, independence, justice, integrity, productiveness, and pride. Tracing Rand's account of the value and harmony of human beings' rational interests, Smith examines what each of these virtues consists of, why it is a virtue, and what it demands of people in practice. Along the way she addresses the status of several conventional virtues within Rand's theory, considering traits such as kindness, charity, generosity, temperance, courage, forgiveness, and humility. Ayn Rand's Normative Ethics thus offers an in-depth exploration of several specific virtues and an illuminating integration of these with the broader theory of egoism

Ayn Rand is well known for advocating egoism, but the substance of that instruction is rarely understood. Far from representing the rejection of morality, selfishness, in Rand's view, actually demands the practice of a systematic code of ethics. This book explains the fundamental virtues that Rand considers vital for a person to achieve his objective well-being: rationality, honesty, independence, justice, integrity, productiveness, and pride. Tracing Rand's account of the harmony of human beings' rational interests, Smith examines what each of these virtues consists of, why it is a virtue, and what it demands of a person in practice. Along the way she addresses the status of several conventional virtues within Rand's theory, considering traits such as kindness, charity, generosity, temperance, courage, forgiveness, and humility. Ayn Rand's Normative Ethics thus offers an in-depth exploration of several specific virtues and an illuminating integration of these with the broader theory of egoism.

In the debate over proper judicial interpretation of the law, the doctrine of Originalism has been subjected to numerous, seemingly fatal criticisms. Despite the exposure of flaws that would normally bury a theory, however, Originalism continues to attract tremendous support, seeming to many to be the most sensible theory on offer. This paper examines its resilient appeal (with a particular focus on Scalia's Textualism).By surveying and identifying the fundamental weaknesses of three of the leading alternatives to Originalism (Popular Will theory, Dworkin's value theory, and Minimalism), the paper demonstrates that the heart of Originalism's appeal rests in its promise of objectivity. The paper also establishes, however, that Originalism suffers from a misguided conception of what objectivity is. All camps in this debate, in fact, suffer from serious misunderstandings of the nature of objectivity.