Common Good Constitutionalism

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Author :
Publisher : John Wiley & Sons
ISBN 13 : 1509548882
Total Pages : 171 pages
Book Rating : 4.5/5 (95 download)

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Book Synopsis Common Good Constitutionalism by : Adrian Vermeule

Download or read book Common Good Constitutionalism written by Adrian Vermeule and published by John Wiley & Sons. This book was released on 2022-02-08 with total page 171 pages. Available in PDF, EPUB and Kindle. Book excerpt: The way that Americans understand their Constitution and wider legal tradition has been dominated in recent decades by two exhausted approaches: the originalism of conservatives and the “living constitutionalism” of progressives. Is it time to look for an alternative? Adrian Vermeule argues that the alternative has been there, buried in the American legal tradition, all along. He shows that US law was, from the founding, subsumed within the broad framework of the classical legal tradition, which conceives law as “a reasoned ordering to the common good.” In this view, law’s purpose is to promote the goods a flourishing political community requires: justice, peace, prosperity, and morality. He shows how this legacy has been lost, despite still being implicit within American public law, and convincingly argues for its recovery in the form of “common good constitutionalism.” This erudite and brilliantly original book is a vital intervention in America’s most significant contemporary legal debate while also being an enduring account of the true nature of law that will resonate for decades with scholars and students.

A Constitution for the Common Good

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Author :
Publisher :
ISBN 13 : 9781910021095
Total Pages : 0 pages
Book Rating : 4.0/5 (21 download)

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Book Synopsis A Constitution for the Common Good by : W. Elliot Bulmer

Download or read book A Constitution for the Common Good written by W. Elliot Bulmer and published by . This book was released on 2014 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Elliot Bulmer argues that if we wish to enjoy a flourishing life in a free and socially just Scotland then we need a 'Constitution for everyone': a Constitution that is directed towards the common good, not the particular privileges of the powerful or of vested interests. Such a Constitution would facilitate all citizens to engage in an open and pluralist democratic process through which the common good - in all its plurality and variability, nuance and flexibility - can be identified and defended.

The Common Good

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Author :
Publisher : Vintage
ISBN 13 : 0525436375
Total Pages : 210 pages
Book Rating : 4.5/5 (254 download)

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Book Synopsis The Common Good by : Robert B. Reich

Download or read book The Common Good written by Robert B. Reich and published by Vintage. This book was released on 2019-01-15 with total page 210 pages. Available in PDF, EPUB and Kindle. Book excerpt: Robert B. Reich makes a powerful case for the expansion of America’s moral imagination. Rooting his argument in common sense and everyday reality, he demonstrates that a common good constitutes the very essence of any society or nation. Societies, he says, undergo virtuous cycles that reinforce the common good as well as vicious cycles that undermine it, one of which America has been experiencing for the past five decades. This process can and must be reversed. But first we need to weigh the moral obligations of citizenship and carefully consider how we relate to honor, shame, patriotism, truth, and the meaning of leadership. Powerful, urgent, and utterly vital, this is a heartfelt missive from one of our foremost political thinkers.

The State, Justice, and the Common Good

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Author :
Publisher :
ISBN 13 :
Total Pages : 264 pages
Book Rating : 4.3/5 (91 download)

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Book Synopsis The State, Justice, and the Common Good by : Bernard James Diggs

Download or read book The State, Justice, and the Common Good written by Bernard James Diggs and published by . This book was released on 1998 with total page 264 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Common Good Constitutionalism

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Author :
Publisher : Polity
ISBN 13 : 9781509548873
Total Pages : 270 pages
Book Rating : 4.5/5 (488 download)

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Book Synopsis Common Good Constitutionalism by : Adrian Vermeule

Download or read book Common Good Constitutionalism written by Adrian Vermeule and published by Polity. This book was released on 2022-02-07 with total page 270 pages. Available in PDF, EPUB and Kindle. Book excerpt: The way that Americans understand their Constitution and wider legal tradition has been dominated in recent decades by two exhausted approaches: the originalism of conservatives and the “living constitutionalism” of progressives. Is it time to look for an alternative? Adrian Vermeule argues that the alternative has been there, buried in the American legal tradition, all along. He shows that US law was, from the founding, subsumed within the broad framework of the classical legal tradition, which conceives law as “a reasoned ordering to the common good.” In this view, law’s purpose is to promote the goods a flourishing political community requires: justice, peace, prosperity, and morality. He shows how this legacy has been lost, despite still being implicit within American public law, and convincingly argues for its recovery in the form of “common good constitutionalism.” This erudite and brilliantly original book is a vital intervention in America’s most significant contemporary legal debate while also being an enduring account of the true nature of law that will resonate for decades with scholars and students.

Republicanism and the Future of Democracy

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Author :
Publisher : Cambridge University Press
ISBN 13 : 1316517551
Total Pages : 309 pages
Book Rating : 4.3/5 (165 download)

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Book Synopsis Republicanism and the Future of Democracy by : Geneviève Rousselière

Download or read book Republicanism and the Future of Democracy written by Geneviève Rousselière and published by Cambridge University Press. This book was released on 2019-04-25 with total page 309 pages. Available in PDF, EPUB and Kindle. Book excerpt: Explores how republican political thought can make a constructive and distinctive contribution to our understanding of democracy and the challenges it faces.

The Constitution of the People

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Author :
Publisher : Lawrence, Kan. : University Press of Kansas
ISBN 13 :
Total Pages : 196 pages
Book Rating : 4.3/5 (91 download)

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Book Synopsis The Constitution of the People by : Robert E. Calvert

Download or read book The Constitution of the People written by Robert E. Calvert and published by Lawrence, Kan. : University Press of Kansas. This book was released on 1991 with total page 196 pages. Available in PDF, EPUB and Kindle. Book excerpt: Lectures at a spring 1987 symposium held at DePauw University with the theme "the meaning of membership in a constitutional order requiring.

The Common Good of Constitutional Democracy

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Author :
Publisher : CUA Press
ISBN 13 : 0813220092
Total Pages : 577 pages
Book Rating : 4.8/5 (132 download)

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Book Synopsis The Common Good of Constitutional Democracy by : Martin Rhonheimer

Download or read book The Common Good of Constitutional Democracy written by Martin Rhonheimer and published by CUA Press. This book was released on 2013 with total page 577 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Common Good of Constitutional Democracy offers a rich collection of essays in political philosophy by Swiss philosopher Martin Rhonheimer. Like his other books in both ethical theory and applied ethics, which have recently been published in English, the essays included are distinguished by the philosophical rigor and meticulous attention to the primary and secondary literature of the various topics discussed

Freedom's Law

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Publisher : OUP Oxford
ISBN 13 : 0198265573
Total Pages : 438 pages
Book Rating : 4.1/5 (982 download)

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Book Synopsis Freedom's Law by : Ronald Dworkin

Download or read book Freedom's Law written by Ronald Dworkin and published by OUP Oxford. This book was released on 1999 with total page 438 pages. Available in PDF, EPUB and Kindle. Book excerpt: Dworkin's important book is a collection of essays which discuss almost all of the great constitutional issues of the last two decades, including abortion, euthanasia, capital punishment, homosexuality, pornography, and free speech. Dworkin offers a consistently liberal view of the Constitution and argues that fidelity to it and to law demands that judges make moral judgments. He proposes that we all interpret the abstract language of the Constitution by reference to moral principles about political decency and justice. His 'moral reading' therefore brings political morality into the heart of constitutional law. The various chapters of this book were first published separately; now drawn together they provide the reader with a rich, full-length treatment of Dworkin's general theory of law.

The Constitution of Good Societies

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Author :
Publisher : Penn State Press
ISBN 13 : 0271041064
Total Pages : 229 pages
Book Rating : 4.2/5 (71 download)

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Book Synopsis The Constitution of Good Societies by : Karol Edward Soltan

Download or read book The Constitution of Good Societies written by Karol Edward Soltan and published by Penn State Press. This book was released on 2010-11-01 with total page 229 pages. Available in PDF, EPUB and Kindle. Book excerpt:

The Living Constitution

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Publisher : Oxford University Press
ISBN 13 : 9780199752539
Total Pages : 176 pages
Book Rating : 4.7/5 (525 download)

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Book Synopsis The Living Constitution by : David A. Strauss

Download or read book The Living Constitution written by David A. Strauss and published by Oxford University Press. This book was released on 2010-05-19 with total page 176 pages. Available in PDF, EPUB and Kindle. Book excerpt: Supreme Court Justice Antonin Scalia once remarked that the theory of an evolving, "living" Constitution effectively "rendered the Constitution useless." He wanted a "dead Constitution," he joked, arguing it must be interpreted as the framers originally understood it. In The Living Constitution, leading constitutional scholar David Strauss forcefully argues against the claims of Scalia, Clarence Thomas, Robert Bork, and other "originalists," explaining in clear, jargon-free English how the Constitution can sensibly evolve, without falling into the anything-goes flexibility caricatured by opponents. The living Constitution is not an out-of-touch liberal theory, Strauss further shows, but a mainstream tradition of American jurisprudence--a common-law approach to the Constitution, rooted in the written document but also based on precedent. Each generation has contributed precedents that guide and confine judicial rulings, yet allow us to meet the demands of today, not force us to follow the commands of the long-dead Founders. Strauss explores how judicial decisions adapted the Constitution's text (and contradicted original intent) to produce some of our most profound accomplishments: the end of racial segregation, the expansion of women's rights, and the freedom of speech. By contrast, originalism suffers from fatal flaws: the impossibility of truly divining original intent, the difficulty of adapting eighteenth-century understandings to the modern world, and the pointlessness of chaining ourselves to decisions made centuries ago. David Strauss is one of our leading authorities on Constitutional law--one with practical knowledge as well, having served as Assistant Solicitor General of the United States and argued eighteen cases before the United States Supreme Court. Now he offers a profound new understanding of how the Constitution can remain vital to life in the twenty-first century.

The Cambridge Companion to Aristotle's Politics

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Publisher : Cambridge University Press
ISBN 13 : 1107469821
Total Pages : 447 pages
Book Rating : 4.1/5 (74 download)

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Book Synopsis The Cambridge Companion to Aristotle's Politics by : Marguerite Deslauriers

Download or read book The Cambridge Companion to Aristotle's Politics written by Marguerite Deslauriers and published by Cambridge University Press. This book was released on 2013-08-29 with total page 447 pages. Available in PDF, EPUB and Kindle. Book excerpt: One of the most influential works in the history of political theory, Aristotle's Politics is a treatise in practical philosophy, intended to inform legislators and to create the conditions for virtuous and self-sufficient lives for the citizens of a state. In this Companion, distinguished scholars offer new perspectives on the work and its themes. After an opening exploration of the relation between Aristotle's ethics and his politics, the central chapters follow the sequence of the eight books of the Politics, taking up questions such as the role of reason in legitimizing rule, the common good, justice, slavery, private property, citizenship, democracy and deliberation, unity, conflict, law and authority, and education. The closing chapters discuss the interaction between Aristotle's political thought and contemporary democratic theory. The volume will provide a valuable resource for those studying ancient philosophy, classics, and the history of political thought.

Originalism and the Good Constitution

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Author :
Publisher : Harvard University Press
ISBN 13 : 067472626X
Total Pages : 309 pages
Book Rating : 4.6/5 (747 download)

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Book Synopsis Originalism and the Good Constitution by : John O. McGinnis

Download or read book Originalism and the Good Constitution written by John O. McGinnis and published by Harvard University Press. This book was released on 2013-11-01 with total page 309 pages. Available in PDF, EPUB and Kindle. Book excerpt: Originalism holds that the U.S. Constitution should be interpreted according to its meaning at the time it was enacted. In their innovative defense of originalism, John McGinnis and Michael Rappaport maintain that the text of the Constitution should be adhered to by the Supreme Court because it was enacted by supermajorities--both its original enactment under Article VII and subsequent Amendments under Article V. A text approved by supermajorities has special value in a democracy because it has unusually wide support and thus tends to maximize the welfare of the greatest number. The authors recognize and respond to many possible objections. Does originalism perpetuate the dead hand of the past? How can originalism be justified, given the exclusion of African Americans and women from the Constitution and many of its subsequent Amendments? What is originalism's place in interpretation, after two hundred years of non-originalist precedent? A fascinating counterfactual they pose is this: had the Supreme Court not interpreted the Constitution so freely, perhaps the nation would have resorted to the Article V amendment process more often and with greater effect. Their book will be an important contribution to the literature on originalism, now the most prominent theory of constitutional interpretation.

The Federalist Papers

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Publisher : Read Books Ltd
ISBN 13 : 1528785878
Total Pages : 455 pages
Book Rating : 4.5/5 (287 download)

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Book Synopsis The Federalist Papers by : Alexander Hamilton

Download or read book The Federalist Papers written by Alexander Hamilton and published by Read Books Ltd. This book was released on 2018-08-20 with total page 455 pages. Available in PDF, EPUB and Kindle. Book excerpt: Classic Books Library presents this brand new edition of “The Federalist Papers”, a collection of separate essays and articles compiled in 1788 by Alexander Hamilton. Following the United States Declaration of Independence in 1776, the governing doctrines and policies of the States lacked cohesion. “The Federalist”, as it was previously known, was constructed by American statesman Alexander Hamilton, and was intended to catalyse the ratification of the United States Constitution. Hamilton recruited fellow statesmen James Madison Jr., and John Jay to write papers for the compendium, and the three are known as some of the Founding Fathers of the United States. Alexander Hamilton (c. 1755–1804) was an American lawyer, journalist and highly influential government official. He also served as a Senior Officer in the Army between 1799-1800 and founded the Federalist Party, the system that governed the nation’s finances. His contributions to the Constitution and leadership made a significant and lasting impact on the early development of the nation of the United States.

Human Rights and Common Good

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Author :
Publisher : OUP Oxford
ISBN 13 : 0191021539
Total Pages : 448 pages
Book Rating : 4.1/5 (91 download)

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Book Synopsis Human Rights and Common Good by : John Finnis

Download or read book Human Rights and Common Good written by John Finnis and published by OUP Oxford. This book was released on 2011-04-07 with total page 448 pages. Available in PDF, EPUB and Kindle. Book excerpt: This central volume in the Collected Essays brings together John Finnis's wide-ranging contribution to central issues in political philosophy. The volume begins by examining the general theory of political community and social justice. It includes the powerful and well-known Maccabaean Lecture on Bills of Rights — a searching critique of Ronald Dworkin's moral-political arguments and conclusions, of the European Court of Human Rights' approach to fundamental rights, and of judicial review as a constitutional institution. It is followed by an equally searching analysis of Kant's thought on the intersection of law, right, and ethics. Other papers in the book's opening section include an early assessment of Rawls's A Theory of Justice, a radical re-interpretation of Aquinas on limited government and the significance of the private/public distinction, and a challenging paper on virtue and the constitution. The volume then focuses on central problems in modern political communities, including the achievement of justice in work and distribution; the practice of punishment; war and justice; the public control of euthanasia and abortion; and the nature of marriage and the common good. There are careful and vigorous critiques of Nietzsche on morality, Hart on punishment, Dworkin on the enforcement of morality and on euthanasia, Rawls on justice and law, Thomson on the woman's right to choose, Habermas on abortion, Nussbaum and Koppelman on same-sex relations, and Dummett and Weithman on open borders. The volume's previously unpublished papers include a foundational consideration of labour unions, a fresh statement of a new grounding for the morality of sex, a surprising reading of C.S. Lewis's Abolition of Man on contraception, and an introduction reviewing some of the remarkable changes in private and public morality over the past half-century.

Understanding Democracy

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Publisher : Oxford University Press
ISBN 13 : 0195311973
Total Pages : 113 pages
Book Rating : 4.1/5 (953 download)

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Book Synopsis Understanding Democracy by : John J. Patrick

Download or read book Understanding Democracy written by John J. Patrick and published by Oxford University Press. This book was released on 2006-05-25 with total page 113 pages. Available in PDF, EPUB and Kindle. Book excerpt: Explains the core concepts of democracy.

The One and the Many

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Publisher : Harvard University Press
ISBN 13 : 9780674638273
Total Pages : 262 pages
Book Rating : 4.6/5 (382 download)

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Book Synopsis The One and the Many by : Martin E. Marty

Download or read book The One and the Many written by Martin E. Marty and published by Harvard University Press. This book was released on 1997 with total page 262 pages. Available in PDF, EPUB and Kindle. Book excerpt: E pluribus unum no longer holds. Out of the many have come as many claims and grievances, all at war with the idea of one nation undivided. The damage thus done to our national life, as too few Americans seek a common good, is Martin Marty's concern. His book is an urgent call for repair and a personal testament toward resolution. A world-renowned authority on religion and ethics in America, Marty gives a judicious account (itself a rarity and a relief in our day of uncivil discourse) of how the body politic has been torn between the imperative of one people, one voice, and the separate urgings of distinct identities--racial, ethnic, religious, gendered, ideological, economic. Foreseeing an utter deadlock in public life, with devastating consequences, if this continues, he envisions steps we might take to carry America past the new turbulence. While the grand story of oneness eludes us (and probably always will), Marty reminds us that we do have a rich, ever-growing, and ever more inclusive repertory of myths, symbols, histories, and, most of all, stories on which to draw. He pictures these stories, with their diverse interpretations, as part of a conversation that crosses the boundaries of groups. Where argument polarizes and deafens, conversation is open ended, guided by questions, allowing for inventiveness, fair play, and dignity for all. It serves as a medium in Marty's broader vision, which replaces the restrictive, difficult, and perhaps unattainable ideal of "community" with the looser, more workable idea of "association." An "association of associations" is what Marty contemplates, and for the spirit and will to promote it he looks to eighteenth-century motifs of sentiment and affection, convergences of intellect and emotion that develop from shared experience. And as this book so eloquently reminds us, America, however diverse, is an experience we all share.