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Constructing Basic Liberties
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Book Synopsis Constructing Basic Liberties by : James E. Fleming
Download or read book Constructing Basic Liberties written by James E. Fleming and published by University of Chicago Press. This book was released on 2022-08-30 with total page 285 pages. Available in PDF, EPUB and Kindle. Book excerpt: A second death of substantive due process? Our practice of substantive due process ; The coherence and structure of substantive due process ; The rational continuum of ordered liberty -- Substantive due process does not "effectively decree the end of morals legislation". Is substantive due process on a slippery slope to "the end of all morals legislation"? ; Is moral disapproval enough to justify traditional morals legislation -- Substantive due process does not enact a utopian economic or moral theory. The ghost of Lochner v. New York ; Does substantive due process enact Mill's On Liberty? -- Conflicts between liberty and equality. The grounds for protecting basic liberties: liberty together with equality ; Accommodating gay and lesbian rights and religious liberty -- The future. The future of substantive due process.
Book Synopsis Constructing Civil Liberties by : Ken I. Kersch
Download or read book Constructing Civil Liberties written by Ken I. Kersch and published by Cambridge University Press. This book was released on 2004-08-02 with total page 404 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book provides a revisionist account of the genealogy of contemporary constitutional law and morals.
Book Synopsis Eternally Vigilant by : Lee C. Bollinger
Download or read book Eternally Vigilant written by Lee C. Bollinger and published by University of Chicago Press. This book was released on 2003-04 with total page 348 pages. Available in PDF, EPUB and Kindle. Book excerpt: While freedom of speech has been guaranteed us for centuries, the First Amendment as we know it today is largely a creation of the past eighty years. Eternally Vigilant brings together a group of distinguished legal scholars to reflect boldly on its past, its present shape, and what forms our understanding of it might take in the future. The result is a unique volume spanning the entire spectrum of First Amendment issues, from its philosophical underpinnings to specific issues like campaign regulation, obscenity, and the new media. "With group efforts, such as this collection of essays, it is almost inevitable that there will be a couple—and often several—duds among the bunch, or at least a dismaying repetition of ideas. Such is not the case here. . . . Whether one agrees with a given author or not (and it is possible to do both with any of the essays), each has something to add. Overall, Eternally Vigilant is a thoughtful and thought-provoking book, consistently intelligent and, at times, brilliant."—Richard J. Mollot, New York Law Journal Contributors: Lillian R. BeVier Vincent Blasi Lee C. Bollinger Stanley Fish Owen M. Fiss R. Kent Greenawalt Richard A. Posner Robert C. Post Frederick Schauer Geoffrey R. Stone David A. Strauss Cass R. Sunstein
Book Synopsis Immigration and Freedom by : Chandran Kukathas
Download or read book Immigration and Freedom written by Chandran Kukathas and published by Princeton University Press. This book was released on 2021-03-16 with total page 382 pages. Available in PDF, EPUB and Kindle. Book excerpt: A compelling account of the threat immigration control poses to the citizens of free societies Immigration is often seen as a danger to western liberal democracies because it threatens to undermine their fundamental values, most notably freedom and national self-determination. In this book, however, Chandran Kukathas argues that the greater threat comes not from immigration but from immigration control. Kukathas shows that immigration control is not merely about preventing outsiders from moving across borders. It is about controlling what outsiders do once in a society: whether they work, reside, study, set up businesses, or share their lives with others. But controlling outsiders—immigrants or would-be immigrants—requires regulating, monitoring, and sanctioning insiders, those citizens and residents who might otherwise hire, trade with, house, teach, or generally associate with outsiders. The more vigorously immigration control is pursued, the more seriously freedom is diminished. The search for control threatens freedom directly and weakens the values upon which it relies, notably equality and the rule of law. Kukathas demonstrates that the imagined gains from efforts to control immigration are illusory, for they do not promote economic prosperity or social solidarity. Nor does immigration control bring self-determination, since the apparatus of control is an international institutional regime that increases the power of states and their agencies at the expense of citizens. That power includes the authority to determine who is and is not an insider: to define identity itself. Looking at past and current practices across the world, Immigration and Freedom presents a critique of immigration control as an institutional reality, as well as an account of what freedom means—and why it matters.
Book Synopsis Free Expression and Democracy in America by : Stephen M. Feldman
Download or read book Free Expression and Democracy in America written by Stephen M. Feldman and published by University of Chicago Press. This book was released on 2009-05-15 with total page 596 pages. Available in PDF, EPUB and Kindle. Book excerpt: From the 1798 Sedition Act to the war on terror, numerous presidents, members of Congress, Supreme Court justices, and local officials have endorsed the silencing of free expression. If the connection between democracy and the freedom of speech is such a vital one, why would so many governmental leaders seek to quiet their citizens? Free Expression and Democracy in America traces two rival traditions in American culture—suppression of speech and dissent as a form of speech—to provide an unparalleled overview of the law, history, and politics of individual rights in the United States. Charting the course of free expression alongside the nation’s political evolution, from the birth of the Constitution to the quagmire of the Vietnam War, Stephen M. Feldman argues that our level of freedom is determined not only by the Supreme Court, but also by cultural, social, and economic forces. Along the way, he pinpoints the struggles of excluded groups—women, African Americans, and laborers—to participate in democratic government as pivotal to the development of free expression. In an age when our freedom of speech is once again at risk, this momentous book will be essential reading for legal historians, political scientists, and history buffs alike.
Book Synopsis John Rawls: Reticent Socialist by : William A. Edmundson
Download or read book John Rawls: Reticent Socialist written by William A. Edmundson and published by Cambridge University Press. This book was released on 2017-07-10 with total page 223 pages. Available in PDF, EPUB and Kindle. Book excerpt: The first detailed reconstruction of the late work of John Rawls, further developing his ideas of 'justice-as-fairness'.
Book Synopsis The Constitution of Equality by : Thomas Christiano
Download or read book The Constitution of Equality written by Thomas Christiano and published by OUP Oxford. This book was released on 2010-06-10 with total page 320 pages. Available in PDF, EPUB and Kindle. Book excerpt: What is the ethical basis of democracy? And what reasons do we have to go along with democratic decisions even when we disagree with them? And when do we have reason to say that we may justly ignore democratic decisions? These questions must be answered if we are to have answers to some of the most important questions facing our global community, which include whether there is a human right to democracy and whether we must attempt to spread democracy throughout the globe. This book provides a philosophical account of the moral foundations of democracy and of liberalism. It shows how democracy and basic liberal rights are grounded in the principle of public equality, which tells us that in the establishment of law and policy we must treat persons as equals in ways they can see are treating them as equals. The principle of public equality is shown to be the fundamental principle of social justice. This account enables us to understand the nature and roles of adversarial politics and public deliberation in political life. It gives an account of the grounds of the authority of democracy. It also shows when the authority of democracy runs out. The author shows how the violations of democratic and liberal rights are beyond the legitimate authority of democracy, how the creation of persistent minorities in a democratic society, and the failure to ensure a basic minimum for all persons weaken the legitimate authority of democracy.
Book Synopsis Living Originalism by : Jack M. Balkin
Download or read book Living Originalism written by Jack M. Balkin and published by Harvard University Press. This book was released on 2011-11-29 with total page 481 pages. Available in PDF, EPUB and Kindle. Book excerpt: Originalism and living constitutionalism, so often understood to be diametrically opposing views of our nation’s founding document, are not in conflict—they are compatible. So argues Jack Balkin, one of the leading constitutional scholars of our time, in this long-awaited book. Step by step, Balkin gracefully outlines a constitutional theory that demonstrates why modern conceptions of civil rights and civil liberties, and the modern state’s protection of national security, health, safety, and the environment, are fully consistent with the Constitution’s original meaning. And he shows how both liberals and conservatives, working through political parties and social movements, play important roles in the ongoing project of constitutional construction. By making firm rules but also deliberately incorporating flexible standards and abstract principles, the Constitution’s authors constructed a framework for politics on which later generations could build. Americans have taken up this task, producing institutions and doctrines that flesh out the Constitution’s text and principles. Balkin’s analysis offers a way past the angry polemics of our era, a deepened understanding of the Constitution that is at once originalist and living constitutionalist, and a vision that allows all Americans to reclaim the Constitution as their own.
Book Synopsis Private Property, Freedom, and Order by : Mehmet Kanatli
Download or read book Private Property, Freedom, and Order written by Mehmet Kanatli and published by Taylor & Francis. This book was released on 2021-11-29 with total page 160 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book looks at how the ideas of freedom, property, and order are expressed in modern social contract theories (SCTs). Drawing on the theories of Hobbes, Locke, Rousseau, and Rawls, it studies how notions of freedom promulgated by these SCTs invariably legitimise and defend the private ownership of the means of production. It argues that capitalism’s impact on individual dependence and economic inequality still stems from this model, ultimately working in favour of proprietors. The author highlights the problematic nature of SCTs, which work as ideological mechanisms put forward under the guise of formal equality and formal freedom, by focusing on the historical and social context behind them. From a methodological point of view, the author presents a de-ideologization of the contractarian issue and provides insight into the political ‘layers’ within the discourse of individualism, human nature and morality shaping the outer corners of contractarian theory. An important intervention in the study of SCTs, this volume will be of great interest to scholars and researchers of political and social theory, sociology, political history, and political philosophy.
Book Synopsis Partnership in the Gospel by : Robert Allan Hill
Download or read book Partnership in the Gospel written by Robert Allan Hill and published by Wipf and Stock Publishers. This book was released on 2024-03-29 with total page 157 pages. Available in PDF, EPUB and Kindle. Book excerpt: Many of our current, lasting controversies in American Christianity are due, in part, to the willingness of liberals to champion reason and experience while leaving Scripture and tradition to conservatives, and vice versa. The liberal biblical theological voice, once quite strong, has fallen silent. Grounded in a solid knowledge of biblical study, Partnership in the Gospel presents a series of exercises, or angles of perspective, intended to support the rigorous consideration of biblical theological perspective that preachers, teachers, and lay leaders need. This work draws from a range of scholarly, theological, and everyday voices, and with kindred works of poetry, art, music, and literature, to explore the Bible’s unifying themes through “partnerships” of perspective. Each chapter offers an exercise that integrates Scripture, experience, tradition, and reason—the four sides of John Wesley’s “Quadrilateral”—as the means by which to engage with the gospel and appreciate a liberal biblical theology.
Book Synopsis Constructing a Global Technology Assessment : Insights from Australia, China, Europe, Germany, India and Russia by : Hahn, Julia
Download or read book Constructing a Global Technology Assessment : Insights from Australia, China, Europe, Germany, India and Russia written by Hahn, Julia and published by KIT Scientific Publishing. This book was released on 2019-03-06 with total page 248 pages. Available in PDF, EPUB and Kindle. Book excerpt: Worldwide simultaneous effects of technologies, international challenges such as climate change as well as shifting relationships between science and society call for approaches that can address these issues on a global level. This book examines the potential of Technology Assessment (TA), as an until now mainly national and Western concept, to take on this global level and provide answers to these pressing questions.
Book Synopsis The Reconstruction Amendments by : Kurt T. Lash
Download or read book The Reconstruction Amendments written by Kurt T. Lash and published by University of Chicago Press. This book was released on 2021-04-15 with total page 705 pages. Available in PDF, EPUB and Kindle. Book excerpt: "The amendments to the U.S. Constitution passed in the aftermath of the Civil War not only abolished slavery but reshaped the reach of the Constitution. Kurt Lash has collected documents ranging campaign speeches and party platforms through personal diaries of leading (and obscure) figures, to the Confederate states' declarations of secession that help us understand the history and meaning of these critical amendments: the 13th (abolishing slavery), 14th (citizenship, due process, equal protection), and 15th (expands right to vote). This is a two-volume set: the first offers broad background, context, and themes ("The Ante-bellum Constitution"); and material related to the 13th Amendment, while the second volume covers the 14th and 15th Amendments, with the 14th on balance dominating the discussion due to its outsized importance and complexity"--
Book Synopsis The Reconstruction Amendments by : Kurt T. Lash
Download or read book The Reconstruction Amendments written by Kurt T. Lash and published by University of Chicago Press. This book was released on 2021-04-09 with total page 584 pages. Available in PDF, EPUB and Kindle. Book excerpt: "The amendments to the U.S. Constitution passed in the aftermath of the Civil War not only abolished slavery but reshaped the reach of the Constitution. Kurt Lash has collected documents ranging campaign speeches and party platforms through personal diaries of leading (and obscure) figures, to the Confederate states' declarations of secession that help us understand the history and meaning of these critical amendments: the 13th (abolishing slavery), 14th (citizenship, due process, equal protection), and 15th (expands right to vote). This is a two-volume set: the first offers broad background, context, and themes ("The Ante-bellum Constitution"); and material related to the 13th Amendment, while the second volume covers the 14th and 15th Amendments, with the 14th on balance dominating the discussion due to its outsized importance and complexity"--
Download or read book Origins of Order written by Paul W. Kahn and published by Yale University Press. This book was released on 2019-10-29 with total page 344 pages. Available in PDF, EPUB and Kindle. Book excerpt: An examination of how two fundamental concepts of order influence our ideas about sovereignty, citizenship, law, and history Western accounts of natural and political order have deployed two basic ideas: project and system. In a project, order is produced by the intentional act of a subject; in a system, order is immanent in the world. In the former, order is made; in the latter, discovered. Paul W. Kahn shows how project and system have long been at work in our theological and philosophical tradition. Against this background, Kahn explains the development of the modern legal imagination in the nineteenth century as a movement from project to system. Americans began the century imagining the constitutional order as their common project: a deliberate construction of We the People. They ended the century imagining that order is continuous with the common law: an immanent development of the principles of civilization. This imaginative shift affected ideas of legal text, sovereignty, citizenship, interpretation, history, and science.
Book Synopsis The Cambridge Rawls Lexicon by : Jon Mandle
Download or read book The Cambridge Rawls Lexicon written by Jon Mandle and published by Cambridge University Press. This book was released on 2014-12-11 with total page 1112 pages. Available in PDF, EPUB and Kindle. Book excerpt: John Rawls is widely regarded as one of the most influential philosophers of the twentieth century, and his work has permanently shaped the nature and terms of moral and political philosophy, deploying a robust and specialized vocabulary that reaches beyond philosophy to political science, economics, sociology, and law. This volume is a complete and accessible guide to Rawls' vocabulary, with over 200 alphabetical encyclopaedic entries written by the world's leading Rawls scholars. From 'basic structure' to 'burdened society', from 'Sidgwick' to 'strains of commitment', and from 'Nash point' to 'natural duties', the volume covers the entirety of Rawls' central ideas and terminology, with illuminating detail and careful cross-referencing. It will be an essential resource for students and scholars of Rawls, as well as for other readers in political philosophy, ethics, political science, sociology, international relations and law.
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 420 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.
Book Synopsis Mobilizing for Democracy by : Vera Schatten Coelho
Download or read book Mobilizing for Democracy written by Vera Schatten Coelho and published by Zed Books Ltd.. This book was released on 2013-04-04 with total page 214 pages. Available in PDF, EPUB and Kindle. Book excerpt: Mobilizing for Democracy is an in-depth study into how ordinary citizens and their organizations mobilize to deepen democracy. Featuring a collection of new empirical case studies from Angola, Bangladesh, Brazil, India, Kenya, Nigeria and South Africa, this important new book illustrates how forms of political mobilization, such as protests, social participation, activism, litigation and lobbying, engage with the formal institutions of representative democracy in ways that are core to the development of democratic politics. No other volume has brought together examples from such a broad Southern spectrum and covering such a diversity of actors: rural and urban dwellers, transnational activists, religious groups, politicians and social leaders. The cases illuminate the crucial contribution that citizen mobilization makes to democratization and the building of state institutions, and reflect the uneasy relationship between citizens and the institutions that are designed to foster their political participation.
