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Constitutional Illusions And Anchoring Truths
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Book Synopsis Constitutional Illusions and Anchoring Truths by : Hadley Arkes
Download or read book Constitutional Illusions and Anchoring Truths written by Hadley Arkes and published by Cambridge University Press. This book was released on 2010-05-31 with total page 281 pages. Available in PDF, EPUB and Kindle. Book excerpt: Arkes re-examines legal cases and concepts long thought settled, finding that their meaning is far less clear than commonly accepted.
Book Synopsis Beyond the Constitution by : Hadley Arkes
Download or read book Beyond the Constitution written by Hadley Arkes and published by Princeton University Press. This book was released on 2021-05-11 with total page 291 pages. Available in PDF, EPUB and Kindle. Book excerpt: Hadley Arkes argues that it is necessary to move "beyond the Constitution," to the principles that stood antecedent to the text, if we are to understand the text and apply the Constitution to the cases that arise every day in our law.
Download or read book First Things written by Hadley Arkes and published by Princeton University Press. This book was released on 2020-06-16 with total page 444 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book restores to us an understanding that was once settled in the "moral sciences": that there are propositions, in morals and law, which are not only true but which cannot be otherwise. It was understood in the past that, in morals or in mathematics, our knowledge begins with certain axioms that must hold true of necessity; that the principles drawn from these axioms hold true universally, unaffected by variations in local "cultures"; and that the presence of these axioms makes it possible to have, in the domain of morals, some right answers. Hadley Arkes restates the grounds of that older understanding and unfolds its implications for the most vexing political problems of our day. The author turns first to the classic debate between Abraham Lincoln and Stephen Douglas. After establishing the groundwork and properties of moral propositions, he traces their application in such issues as selective conscientious objection, justifications for war, the war in Vietnam, a nation's obligation to intervene abroad, the notion of supererogatory acts, the claims of "privacy," and the problem of abortion.
Download or read book Mere Natural Law written by Hadley Arkes and published by Simon and Schuster. This book was released on 2023-05-02 with total page 338 pages. Available in PDF, EPUB and Kindle. Book excerpt: Originalism Is Not Enough In this profoundly important reassessment of constitutional interpretation, the eminent legal philosopher Hadley Arkes argues that “originalism” alone is an inadequate answer to judicial activism. Untethered from “mere Natural Law”—the moral principles knowable by all—our legal and constitutional system is doomed to incoherence. The framers of the Constitution regarded the “self-evident” truths of the Natural Law as foundational. And yet in our own time, both liberals and conservatives insist that we must interpret the Constitution while ignoring its foundation. Making the case anew for Natural Law, Arkes finds it not in theories hovering in the clouds or in benign platitudes (“be generous,” “be selfless”). He draws us back, rather, to the ground of Natural Law as the American Founders understood it, the anchoring truths of common sense—truths grasped at once by the ordinary man, unburdened by theories imbibed in college and law school. When liberals discovered hitherto unknown rights in the “emanations” and “penumbras” of a “living constitution,” conservatives responded with an “originalism” that refuses to venture beyond the bare text. But in framing that text, the Founders appealed to moral principles that were there before the Constitution and would be there even if there were no Constitution. An originalism that is detached from those anchor - ing principles has strayed far from the original meaning of the Constitution. It is powerless, moreover, to resist the imposition of a perverse moral vision on our institutions and our lives. Brilliant in its analysis, essential in its argument, Mere Natural Law is a must-read for everyone who cares about the Constitution, morality, and the rule of law.
Book Synopsis Natural Rights and the Right to Choose by : Hadley Arkes
Download or read book Natural Rights and the Right to Choose written by Hadley Arkes and published by Cambridge University Press. This book was released on 2002-09-02 with total page 326 pages. Available in PDF, EPUB and Kindle. Book excerpt: Publisher Description
Book Synopsis Democracy and Moral Conflict by : Robert B. Talisse
Download or read book Democracy and Moral Conflict written by Robert B. Talisse and published by Cambridge University Press. This book was released on 2009-09-10 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: Why democracy? Most often this question is met with an appeal to some decidedly moral value, such as equality, liberty, dignity or even peace. But in contemporary democratic societies, there is deep disagreement and conflict about the precise nature and relative worth of these values. And when democracy votes, some of those who lose will see the prevailing outcome as not merely disappointing, but morally intolerable. How should citizens react when confronted with a democratic result that they regard as intolerable? Should they revolt, or instead pursue democratic means of social change? In this book, Robert Talisse argues that each of us has reasons to uphold democracy - even when it makes serious moral errors - and that these reasons are rooted in our most fundamental epistemic commitments. His original and compelling study will be of interest to a wide range of readers in political philosophy and political theory.
Book Synopsis The Return of George Sutherland by : Hadley Arkes
Download or read book The Return of George Sutherland written by Hadley Arkes and published by Princeton University Press. This book was released on 1997-04-22 with total page 316 pages. Available in PDF, EPUB and Kindle. Book excerpt: From Amherst College, Hadley Arkes seeks to restore, for a new generation, the jurisprudence of the late Justice of the Supreme Court George Sutherlandone anchored in the understanding of natural rights. Arkes argues that if both liberals and conservatives would study the writings of George Sutherland, with unclouded eyes, both groups would set aside their differences and return to the moral ground of their jurisprudence.
Book Synopsis We Hold These Truths by : Mortimer Jerome Adler
Download or read book We Hold These Truths written by Mortimer Jerome Adler and published by Simon & Schuster Books For Young Readers. This book was released on 1987 with total page 298 pages. Available in PDF, EPUB and Kindle. Book excerpt: A discussion of the ideas behind the U.S. Constitution and how they have been interpreted both in the past and at present.
Book Synopsis Universal Rights and the Constitution by : Stephen A. Simon
Download or read book Universal Rights and the Constitution written by Stephen A. Simon and published by State University of New York Press. This book was released on 2014-03-11 with total page 198 pages. Available in PDF, EPUB and Kindle. Book excerpt: Innovative examination of the tensions between universal and more uniquely American definitions of cherished rights. Are constitutional rights based exclusively in uniquely American considerations, or are they based at least in part on principles that transcend the boundaries of any particular country, such as the requirements of freedom or dignity? By viewing constitutional law through the prism of this fundamental question, Universal Rights and the Constitution exposes an overlooked difficulty with opinions rendered by the Supreme Court, namely, an inherent ambiguity about the kinds of arguments that count in constitutional interpretation, which weakens the foundations of our most cherished rights. Rejecting current debates over constitutional interpretation as flawed, Stephen A. Simon offers an innovative framework designed to provide clearer foundations for rights interpretations while preserving a meaningful but limited role for universal arguments. He reveals the vital connections among contemporary debates over such matters as the right to privacy, the constitutionality of the death penalty, and the role of foreign law in constitutional interpretation. Stephen A. Simon is Associate Professor of Political Science and Philosophy, Politics, Economics, and Law at the University of Richmond.
Download or read book Karl Marx written by Gareth Stedman Jones and published by Harvard University Press. This book was released on 2016-10-03 with total page 720 pages. Available in PDF, EPUB and Kindle. Book excerpt: Gareth Stedman Jones returns Karl Marx to his nineteenth-century world, before later inventions transformed him into Communism’s patriarch and fierce lawgiver. He shows how Marx adapted the philosophies of Kant, Hegel, Feuerbach, and others into ideas that would have—in ways inconceivable to Marx—an overwhelming impact in the twentieth century.
Book Synopsis Constitutional Redemption by : J. M. Balkin
Download or read book Constitutional Redemption written by J. M. Balkin and published by Harvard University Press. This book was released on 2011-05-09 with total page 305 pages. Available in PDF, EPUB and Kindle. Book excerpt: Political constitutions are compromises with injustice. What makes the U.S. Constitution legitimate is Americans’ faith that the constitutional system can be made “a more perfect union.” Balkin argues that the American constitutional project is based in hope and a narrative of shared redemption, and its destiny is still over the horizon.
Book Synopsis Democracy by : Inter-parliamentary Union
Download or read book Democracy written by Inter-parliamentary Union and published by Inter-Parliamentary Union. This book was released on 1998 with total page 110 pages. Available in PDF, EPUB and Kindle. Book excerpt: Principles to realization - Cherif Bassiouni
Book Synopsis Justice Stephen Field's Cooperative Constitution of Liberty by : Adam M. Carrington
Download or read book Justice Stephen Field's Cooperative Constitution of Liberty written by Adam M. Carrington and published by Rowman & Littlefield. This book was released on 2017-06-30 with total page 199 pages. Available in PDF, EPUB and Kindle. Book excerpt: This bookexamines liberty’s Constitutional meaning through the jurisprudence of Justice Stephen Field, one of the late-Nineteenth Century’s most influential Supreme Court Justices. A Lincoln appointee who served on the Court from 1863-1897, Field articulated a view of Constitutional liberty that speaks to contemporary disputes. Today, some see liberty as protection through government regulation against private oppression. Others see liberty as protection from government through limits on governmental power. Justice Field is often viewed as siding against government power to regulate, acting as a pre-cursor to the infamous “Lochner”Era of the Court. This work explains how Field instead saw both these competing conceptions of liberty as legitimate. In fact, the two cooperated toward a common end. In his opinions, Field argued that protections through and from government worked in tandem to guard fundamental individual rights. In describing this view of liberty, Field addressed key Constitutional provisions that remain a source of debate, including some of the earliest interpretations of the Due Process Clause, its relationship to state police power and civil rights, and some of the earliest assertions of a national police power through the Commerce Clause. This work furthermore addresses the underpinnings of Field’s views, namely that he grounded his reading of the Constitution in the context of the common law and the Declaration of Independence. In his principles as well as his approach, this book argues, Justice Field presents a helpful discussant in ongoing debates regarding the meaning of liberty and of the Constitution.
Book Synopsis Making Sense of the Constitution by : Walter M Frank
Download or read book Making Sense of the Constitution written by Walter M Frank and published by SIU Press. This book was released on 2012-03-22 with total page 329 pages. Available in PDF, EPUB and Kindle. Book excerpt: In Making Sense of the Constitution: A Primer on the Supreme Court and Its Struggle to Apply Our Fundamental Law, Walter Frank tackles in a comprehensive but lively manner subjects rarely treated in one volume. Aiming at both the general reader and students of political science, law, or history, Frank begins with a brief discussion of the nature of constitutional law and why the Court divides so closely on many issues. He then proceeds to an analysis of the Constitution and subsequent amendments, placing them in their historical context. Next, Frank shifts to the Supreme Court and its decisions, examining, among other things, doctrinal developments, the Court’s decision making processes, how justices interact with each other, and the debate over how the Constitution should be interpreted. The work concludes with a close analysis of Court decisions in six major areas of continuing controversy, including abortion, affirmative action, and campaign finance. Outstanding by the University Press Books for Public and Secondary Schools
Book Synopsis Seeing Black and White by : Alan Gilchrist
Download or read book Seeing Black and White written by Alan Gilchrist and published by Oxford University Press. This book was released on 2006-06-08 with total page 448 pages. Available in PDF, EPUB and Kindle. Book excerpt: How the human visual system determines the lightness of a surface, that is, its whiteness, blackness, or grayness, remains--like vision in general--a mystery. In fact, we have not even been able to create a machine that can determine, through an artificial vision system, whether an object is white, black, or gray. Although the photoreceptors in the eye are driven by light, the light reflected by a surface does not reveal its shade of gray. Depending upon the level of illumination, a surface of any shade of gray can reflect any amount of light. In Seeing Black and White Alan Gilchrist ties together over 30 years of his own research on lightness, and presents the first comprehensive, historical review of empirical work on lightness, covering the past 150 years of research on images ranging from the simple to the complex. He also describes and analyzes the many theories of lightness--including his own--showing what each can and cannot explain. Gilchrist highlights the forgotten-yet-exciting work done in the first third of the twentieth century, describing several crucial experiments and examining the brilliant but nearly unknown work of the Hungarian gestalt theorist, Lajos Kardos. Gilchrists review also includes a survey of the pattern of lightness errors made by humans, many of which result in delightful illusions. He argues that because these errors are not random, but systematic, they are the signature of our visual software, and so provide a powerful tool that can reveal how lightness is computed. Based on this argument and the concepts of anchoring, grouping, and frames of reference, Gilchrist presents a new theoretical framework that explains an unprecedented array of lightness errors. As both the first comprehensive overview of research on lightness and the first unified presentation of Gilchrists new theoretical framework Seeing Black and White will be an invaluable resource for vision scientists, cognitive psychologists, and cognitive neuroscientists.
Download or read book Mere Natural Law written by Hadley Arkes and published by Simon and Schuster. This book was released on 2023-05-02 with total page 338 pages. Available in PDF, EPUB and Kindle. Book excerpt: Originalism Is Not Enough In this profoundly important reassessment of constitutional interpretation, the eminent legal philosopher Hadley Arkes argues that “originalism” alone is an inadequate answer to judicial activism. Untethered from “mere Natural Law”—the moral principles knowable by all—our legal and constitutional system is doomed to incoherence. The framers of the Constitution regarded the “self-evident” truths of the Natural Law as foundational. And yet in our own time, both liberals and conservatives insist that we must interpret the Constitution while ignoring its foundation. Making the case anew for Natural Law, Arkes finds it not in theories hovering in the clouds or in benign platitudes (“be generous,” “be selfless”). He draws us back, rather, to the ground of Natural Law as the American Founders understood it, the anchoring truths of common sense—truths grasped at once by the ordinary man, unburdened by theories imbibed in college and law school. When liberals discovered hitherto unknown rights in the “emanations” and “penumbras” of a “living constitution,” conservatives responded with an “originalism” that refuses to venture beyond the bare text. But in framing that text, the Founders appealed to moral principles that were there before the Constitution and would be there even if there were no Constitution. An originalism that is detached from those anchor - ing principles has strayed far from the original meaning of the Constitution. It is powerless, moreover, to resist the imposition of a perverse moral vision on our institutions and our lives. Brilliant in its analysis, essential in its argument, Mere Natural Law is a must-read for everyone who cares about the Constitution, morality, and the rule of law.
Book Synopsis The Varieties of Religious Experience by : William James
Download or read book The Varieties of Religious Experience written by William James and published by The Floating Press. This book was released on 2009-01-01 with total page 824 pages. Available in PDF, EPUB and Kindle. Book excerpt: Harvard psychologist and philosopher William James' The Varieties of Religious Experience: A Study in Human Nature explores the nature of religion and, in James' observation, its divorce from science when studied academically. After publication in 1902 it quickly became a canonical text of philosophy and psychology, remaining in print through the entire century. "Scientific theories are organically conditioned just as much as religious emotions are; and if we only knew the facts intimately enough, we should doubtless see 'the liver' determining the dicta of the sturdy atheist as decisively as it does those of the Methodist under conviction anxious about his soul. When it alters in one way the blood that percolates it, we get the Methodist, when in another way, we get the atheist form of mind."
