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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 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 strong and lively defense of substantive due process. From reproductive rights to marriage for same-sex couples, many of our basic liberties owe their protection to landmark Supreme Court decisions that have hinged on the doctrine of substantive due process. This doctrine is controversial—a battleground for opposing views around the relationship between law and morality in circumstances of moral pluralism—and is deeply vulnerable today. Against recurring charges that the practice of substantive due process is dangerously indeterminate and irredeemably undemocratic, Constructing Basic Liberties reveals the underlying coherence and structure of substantive due process and defends it as integral to our constitutional democracy. Reviewing the development of the doctrine over the last half-century, James E. Fleming rebuts popular arguments against substantive due process and shows that the Supreme Court has constructed basic liberties through common law constitutional interpretation: reasoning by analogy from one case to the next and making complex normative judgments about what basic liberties are significant for personal self-government. Elaborating key distinctions and tools for interpretation, Fleming makes a powerful case that substantive due process is a worthy practice that is based on the best understanding of our constitutional commitments to protecting ordered liberty and securing the status and benefits of equal citizenship for all.
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 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 Enforcement of Morals by : Patrick Devlin
Download or read book The Enforcement of Morals written by Patrick Devlin and published by Amagi Books. This book was released on 2009 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Are morals always relative? Are private actions--among consenting adults-- always beyond the law? Or are there some behaviors which so weaken a society that common beliefs about right and wrong must be enforced to protect the common good? In opposing the decriminalization of private acts of homosexuality in Britain, Patrick Devlin maintained that not only is it reasonable to allow popular morality to influence lawmaking, it is imperative: " . . . For a society is not something that is kept together physically; it is held by the invisible bonds of common thought." Today, as divisive issues such as same-sex marriage and "don't ask, don't tell" confront our legislative, judicial, and executive branches, the views expressed by Devlin in The Enforcement of Morals resonate and reverberate anew. Patrick Devlin (1905-1992) studied history and law at Cambridge University and became a successful lawyer.
Book Synopsis Making Men Moral by : Robert P. George
Download or read book Making Men Moral written by Robert P. George and published by Clarendon Press. This book was released on 1993-08-19 with total page 258 pages. Available in PDF, EPUB and Kindle. Book excerpt: Contemporary liberal thinkers commonly suppose that there is something in principle unjust about the legal prohibition of putatively victimless immoralities. Against the prevailing liberal view, Robert P. George defends the proposition that `moral laws' can play a legitimate, if subsidiary, role in preserving the `moral ecology' of the cultural environment in which people make the morally significant choices by which they form their characters and influence, for good or ill, the moral lives of others. George shows that a defence of morals legislation is fully compatible with a `pluralistic perfectionist' political theory of civil liberties and public morality.
Book Synopsis Constitutional Faith by : Sanford Levinson
Download or read book Constitutional Faith written by Sanford Levinson and published by Princeton University Press. This book was released on 2011-09-11 with total page 276 pages. Available in PDF, EPUB and Kindle. Book excerpt: "The book is intended to make clearer the ambiguities of "constitutional faith," i.e. wholehearted attachment to the Constitution as the center of one's (and ultimately the nation's) political life."--The introduction.
Download or read book A Theory of Justice written by John RAWLS and published by Harvard University Press. This book was released on 2009-06-30 with total page 624 pages. Available in PDF, EPUB and Kindle. Book excerpt: Though the revised edition of A Theory of Justice, published in 1999, is the definitive statement of Rawls's view, so much of the extensive literature on Rawls's theory refers to the first edition. This reissue makes the first edition once again available for scholars and serious students of Rawls's work.
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 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 2018-06-01 with total page 341 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
Download or read book Active Liberty written by Stephen Breyer and published by Vintage. This book was released on 2007-12-18 with total page 176 pages. Available in PDF, EPUB and Kindle. Book excerpt: A brilliant new approach to the Constitution and courts of the United States by Supreme Court Justice Stephen Breyer.For Justice Breyer, the Constitution’s primary role is to preserve and encourage what he calls “active liberty”: citizen participation in shaping government and its laws. As this book argues, promoting active liberty requires judicial modesty and deference to Congress; it also means recognizing the changing needs and demands of the populace. Indeed, the Constitution’s lasting brilliance is that its principles may be adapted to cope with unanticipated situations, and Breyer makes a powerful case against treating it as a static guide intended for a world that is dead and gone. Using contemporary examples from federalism to privacy to affirmative action, this is a vital contribution to the ongoing debate over the role and power of our courts.
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 Freedom and the Construction of Europe by : Quentin Skinner
Download or read book Freedom and the Construction of Europe written by Quentin Skinner and published by Cambridge University Press. This book was released on 2013-03-07 with total page 429 pages. Available in PDF, EPUB and Kindle. Book excerpt: Freedom, today perceived simply as a human right, was a continually contested idea in the early modern period. In Freedom and the Construction of Europe an international group of scholars explore the richness, diversity and complexity of thinking about freedom in the shaping of modernity. Volume 1 examines debates about religious and constitutional liberties, as well as exploring the tensions between free will and divine omnipotence across a continent of proliferating religious denominations. Debates about freedom have been fundamental to the construction of modern Europe, but represent a part of our intellectual heritage that is rarely examined in depth. These volumes provide materials for thinking in fresh ways not merely about the concept of freedom, but how it has come to be understood in our own time.
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"--
Book Synopsis Liberty, Property, and Privacy by : Edward Keynes
Download or read book Liberty, Property, and Privacy written by Edward Keynes and published by Penn State Press. This book was released on 2010-11-01 with total page 258 pages. Available in PDF, EPUB and Kindle. Book excerpt: In this book, Edward Keynes examines the fundamental-rights philosophy and jurisprudence that affords constitutional protection to unenumerated liberty, property, and privacy rights. He is critical of the failure of the U.S. Supreme Court to adopt a coherent theory for identifying which rights are to be considered fundamental and how these private rights are to be balanced against the public interests that the government has a duty to articulate and promote. Keynes develops his argument by first surveying how substantive due process grew out of the tradition of Anglo-American jurisprudence and came to evolve over time. He pays special attention to the shift in its application early in the twentieth century, from protecting &"liberty of contract&" against economic regulation to protecting &"privacy&" and other noneconomic rights (as in Roe v. Wade) against social regulation.
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 account of the development of the Supreme Court's modern civil liberties and rights jurisprudence argues that the courts' supposed "new concern" for "personal freedoms" (after the New Deal) actually developed as the outgrowth of a sequence of highly particular progressive-reformist ideological currents that formed the modern American state. The book's theoretically-informed account of key paths of constitutional development thus weaves American political thought, American political development, and constitutional law together.
