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Cosmic Constitutional Theory
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Book Synopsis Cosmic Constitutional Theory by : J. Harvie Wilkinson
Download or read book Cosmic Constitutional Theory written by J. Harvie Wilkinson and published by OUP USA. This book was released on 2012-03-12 with total page 174 pages. Available in PDF, EPUB and Kindle. Book excerpt: What underlies this development? In this concise and highly engaging work, Federal Appeals Court Judge and noted author (From Brown to Bakke) J. Harvie Wilkinson argues that America's most brilliant legal minds have launched a set of cosmic constitutional theories that, for all their value, are undermining self-governance.
Book Synopsis The Quest for Cosmic Justice by : Thomas Sowell
Download or read book The Quest for Cosmic Justice written by Thomas Sowell and published by Simon and Schuster. This book was released on 2001-06-30 with total page 225 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book is about the great moral issues underlying many of the headline-making political controversies of our times. It is not a comforting book but a book about disturbing and dangerous trends. The Quest for Cosmic Justice shows how confused conceptions of justice end up promoting injustice, how confused conceptions of equality end up promoting inequality, and how the tyranny of social visions prevents many people from confronting the actual consequences of their own beliefs and policies. Those consequences include the steady and dangerous erosion of fundamental principles of freedom -- amounting to a quiet repeal of the American revolution. The Quest for Cosmic Justice is the summation of a lifetime of study and thought about where we as a society are headed -- and why we need to change course before we do irretrievable damage.
Book Synopsis The Invisible Constitution by : Laurence H. Tribe
Download or read book The Invisible Constitution written by Laurence H. Tribe and published by Oxford University Press. This book was released on 2008-09-17 with total page 372 pages. Available in PDF, EPUB and Kindle. Book excerpt: As everyone knows, the United States Constitution is a tangible, visible document. Many see it in fact as a sacred text, holding no meaning other than that which is clearly visible on the page. Yet as renowned legal scholar Laurence Tribe shows, what is not written in the Constitution plays a key role in its interpretation. Indeed some of the most contentious Constitutional debates of our time hinge on the extent to which it can admit of divergent readings. In The Invisible Constitution, Tribe argues that there is an unseen constitution--impalpable but powerful--that accompanies the parchment version. It is the visible document's shadow, its dark matter: always there and possessing some of its key meanings and values despite its absence on the page. As Tribe illustrates, some of our most cherished and widely held beliefs about constitutional rights are not part of the written document, but can only be deduced by piecing together hints and clues from it. Moreover, some passages of the Constitution do not even hold today despite their continuing existence. Amendments may have fundamentally altered what the Constitution originally said about slavery and voting rights, yet the old provisos about each are still in the text, unrevised. Through a variety of historical episodes and key constitutional cases, Tribe brings to life this invisible constitution, showing how it has evolved and how it works. Detailing its invisible structures and principles, Tribe compellingly demonstrates the invisible constitution's existence and operative power. Remarkably original, keenly perceptive, and written with Tribe's trademark analytical flair, this latest volume in Oxford's Inalienable Rights series offers a new way of understanding many of the central constitutional debates of our time. About the Series: Combining authority with wit, accessibility, and style, Very Short Introductions offer an introduction to some of life's most interesting topics. Written by experts for the newcomer, they demonstrate the finest contemporary thinking about the central problems and issues in hundreds of key topics, from philosophy to Freud, quantum theory to Islam.
Book Synopsis The Collapse of Constitutional Remedies by : Aziz Z. Huq
Download or read book The Collapse of Constitutional Remedies written by Aziz Z. Huq and published by Oxford University Press. This book was released on 2021 with total page 193 pages. Available in PDF, EPUB and Kindle. Book excerpt: "This book describes and explains the failure of the federal courts of the United States to act and to provide remedies to individuals whose constitutional rights have been violated by illegal state coercion and violence. This remedial vacuum must be understood in light of the original design and historical development of the federal courts. At its conception, the federal judiciary was assumed to be independent thanks to an apolitical appointment process, a limited supply of adequately trained lawyers (which would prevent cherry-picking), and the constraining effect of laws and constitutional provision. Each of these checks quickly failed. As a result, the early federal judicial system was highly dependent on Congress. Not until the last quarter of the nineteenth century did a robust federal judiciary start to emerge, and not until the first quarter of the twentieth century did it take anything like its present form. The book then charts how the pressure from Congress and the White House has continued to shape courts behaviour-first eliciting a mid-twentieth-century explosion in individual remedies, and then driving a five-decade long collapse. Judges themselves have not avidly resisted this decline, in part because of ideological reasons and in part out of institutional worries about a ballooning docket. Today, as a result of these trends, the courts are stingy with individual remedies, but aggressively enforce the so-called "structural" constitution of the separation of powers and federalism. This cocktail has highly regressive effects, and is in urgent need of reform"--
Book Synopsis Constitutional Personae by : Cass R. Sunstein
Download or read book Constitutional Personae written by Cass R. Sunstein and published by Oxford University Press. This book was released on 2015-09-07 with total page 193 pages. Available in PDF, EPUB and Kindle. Book excerpt: Since America's founding, the U.S. Supreme Court had issued a vast number of decisions on a staggeringly wide variety of subjects. And hundreds of judges have occupied the bench. Yet as Cass R. Sunstein, the eminent legal scholar and bestselling co-author of Nudge, points out, almost every one of the Justices fits into a very small number of types regardless of ideology: the hero, the soldier, the minimalist, and the mute. Heroes are willing to invoke the Constitution to invalidate state laws, federal legislation, and prior Court decisions. They loudly embrace first principles and are prone to flair, employing dramatic language to fundamentally reshape the law. Soldiers, on the other hand, are skeptical of judicial power, and typically defer to decisions made by the political branches. Minimalists favor small steps and only incremental change. They worry that bold reversals of long-established traditions may be counterproductive, producing a backlash that only leads to another reversal. Mutes would rather say nothing at all about the big constitutional issues, and instead tend to decide cases on narrow grounds or keep controversial cases out of the Court altogether by denying standing. As Sunstein shows, many of the most important constitutional debates are in fact contests between the four Personae. Whether the issue involves slavery, gender equality, same-sex marriage, executive power, surveillance, or freedom of speech, debates have turned on choices made among the four Personae--choices that derive as much from psychology as constitutional theory. Sunstein himself defends a form of minimalism, arguing that it is the best approach in a self-governing society of free people. More broadly, he casts a genuinely novel light on longstanding disputes over the proper way to interpret the constitution, demonstrating that behind virtually every decision and beneath all of the abstract theory lurk the four Personae. By emphasizing the centrality of character types, Sunstein forces us to rethink everything we know about how the Supreme Court works.
Book Synopsis All Falling Faiths by : J. Harvie Wilkinson III
Download or read book All Falling Faiths written by J. Harvie Wilkinson III and published by Encounter Books. This book was released on 2017-02-07 with total page 137 pages. Available in PDF, EPUB and Kindle. Book excerpt: In this warm and intimate memoir Judge Wilkinson delivers a chilling message. The 1960s inflicted enormous damage on our country; even at this very hour we see the decade’s imprint in so much of what we say and do. The chapters reveal the harm done to the true meaning of education, to our capacity for lasting personal commitments, to our respect for the rule of law, to our sense of rootedness and home, to our desire for service, to our capacity for national unity, to our need for the sustenance of faith. Judge Wilkinson does not seek to lecture but to share in the most personal sense what life was like in the 1960s, and to describe the influence of those frighteningly eventful years upon the present day. Judge Wilkinson acknowledges the good things accomplished by the Sixties and nourishes the belief that we can learn from that decade ways to build a better future. But he asks his own generation to recognize its youthful mistakes and pleads with future generations not to repeat them. The author’s voice is one of love and hope for America. But our national prospects depend on facing honestly the full magnitude of all we lost during one momentous decade and of all we must now recover.
Book Synopsis Cicero on Politics and the Limits of Reason by : Jed W. Atkins
Download or read book Cicero on Politics and the Limits of Reason written by Jed W. Atkins and published by Cambridge University Press. This book was released on 2013-10-17 with total page 285 pages. Available in PDF, EPUB and Kindle. Book excerpt: A prolific philosopher who also held Rome's highest political office, Cicero was uniquely qualified to write on political philosophy. In this book Professor Atkins provides a fresh interpretation of Cicero's central political dialogues - the Republic and Laws. Devoting careful attention to form as well as philosophy, Atkins argues that these dialogues together probe the limits of reason in political affairs and explore the resources available to the statesman given these limitations. He shows how Cicero appropriated and transformed Plato's thought to forge original and important works of political philosophy. The book demonstrates that Cicero's Republic and Laws are critical for understanding the history of the concepts of rights, the mixed constitution and natural law. It concludes by comparing Cicero's thought to the modern conservative tradition and argues that Cicero provides a perspective on utopia frequently absent from current philosophical treatments.
Book Synopsis The Cycles of Constitutional Time by : J. M. Balkin
Download or read book The Cycles of Constitutional Time written by J. M. Balkin and published by . This book was released on 2020 with total page 257 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Cycles of Constitutional Time shows where American democracy has been and projects where it is going. Jack Balkin explains why our politics seems so dysfunctional and why fights over the courts seem so bitter and unhinged. He portrays our present troubles in terms of longer, constitutional trends. In doing so, he also offers a message of hope for the future. The same trends that put us in this predicament are slowly changing. Our political system can get better if Americans mobilize to change it.
Book Synopsis The Accommodated Animal by : Laurie Shannon
Download or read book The Accommodated Animal written by Laurie Shannon and published by University of Chicago Press. This book was released on 2013-01-02 with total page 312 pages. Available in PDF, EPUB and Kindle. Book excerpt: Shakespeare wrote of lions, shrews, horned toads, curs, mastiffs, and hellhounds. But the word “animal” itself only appears very rarely in his work, which was in keeping with sixteenth-century usage. As Laurie Shannon reveals in The Accommodated Animal, the modern human / animal divide first came strongly into play in the seventeenth century, with Descartes’s famous formulation that reason sets humans above other species: “I think, therefore I am.” Before that moment, animals could claim a firmer place alongside humans in a larger vision of belonging, or what she terms cosmopolity. With Shakespeare as her touchstone, Shannon explores the creaturely dispensation that existed until Descartes. She finds that early modern writers used classical natural history and readings of Genesis to credit animals with various kinds of stakeholdership, prerogative, and entitlement, employing the language of politics in a constitutional vision of cosmic membership. Using this political idiom to frame cross-species relations, Shannon argues, carried with it the notion that animals possess their own investments in the world, a point distinct from the question of whether animals have reason. It also enabled a sharp critique of the tyranny of humankind. By answering “the question of the animal” historically, The Accommodated Animal makes a brilliant contribution to cross-disciplinary debates engaging animal studies, political theory, intellectual history, and literary studies.
Book Synopsis The Confidence Trap by : David Runciman
Download or read book The Confidence Trap written by David Runciman and published by Princeton University Press. This book was released on 2017-10-31 with total page 424 pages. Available in PDF, EPUB and Kindle. Book excerpt: Why democracies believe they can survive any crisis—and why that belief is so dangerous Why do democracies keep lurching from success to failure? The current financial crisis is just the latest example of how things continue to go wrong, just when it looked like they were going right. In this wide-ranging, original, and compelling book, David Runciman tells the story of modern democracy through the history of moments of crisis, from the First World War to the economic crash of 2008. A global history with a special focus on the United States, The Confidence Trap examines how democracy survived threats ranging from the Great Depression to the Cuban missile crisis, and from Watergate to the collapse of Lehman Brothers. It also looks at the confusion and uncertainty created by unexpected victories, from the defeat of German autocracy in 1918 to the defeat of communism in 1989. Throughout, the book pays close attention to the politicians and thinkers who grappled with these crises: from Woodrow Wilson, Nehru, and Adenauer to Fukuyama and Obama. In The Confidence Trap, David Runciman shows that democracies are good at recovering from emergencies but bad at avoiding them. The lesson democracies tend to learn from their mistakes is that they can survive them—and that no crisis is as bad as it seems. Breeding complacency rather than wisdom, crises lead to the dangerous belief that democracies can muddle through anything—a confidence trap that may lead to a crisis that is just too big to escape, if it hasn't already. The most serious challenges confronting democracy today are debt, the war on terror, the rise of China, and climate change. If democracy is to survive them, it must figure out a way to break the confidence trap.
Book Synopsis A Conflict of Visions by : Thomas Sowell
Download or read book A Conflict of Visions written by Thomas Sowell and published by Basic Books. This book was released on 2007-06-05 with total page 308 pages. Available in PDF, EPUB and Kindle. Book excerpt: Thomas Sowell’s “extraordinary” explication of the competing visions of human nature lie at the heart of our political conflicts (New York Times) Controversies in politics arise from many sources, but the conflicts that endure for generations or centuries show a remarkably consistent pattern. In this classic work, Thomas Sowell analyzes this pattern. He describes the two competing visions that shape our debates about the nature of reason, justice, equality, and power: the "constrained" vision, which sees human nature as unchanging and selfish, and the "unconstrained" vision, in which human nature is malleable and perfectible. A Conflict of Visions offers a convincing case that ethical and policy disputes circle around the disparity between both outlooks.
Book Synopsis Constitutional Law and American Democracy by : Corey Lang Brettschneider
Download or read book Constitutional Law and American Democracy written by Corey Lang Brettschneider and published by . This book was released on 2012 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: In what promises to become a foundational undergraduate and law school text, Constitutional Law and American Democracy: Cases and Readings goes beyond parsing cases, providing ample background readings and material to engage the big-picture questions of constitutional doctrine and the role of the Court. The vast array of case law and source material is presented at a high, yet accessible, level for undergraduates, and the topical overviews in each chapter bring the law to life with historical and contemporary relevance. This text is available in ebook format from the VitalSource Store. To download and use the ebook, you will need the free VitalSource Bookshelf software. DOWNLOAD NOW Features of Constitutional Law and American Democracy: Clear conceptual structure for chapters includes: Overview of topics, constitutional arguments and readings. Broad range of theoretical and historical writings. Relevant, foundational cases. Stimulates student understanding of structural and normative features of the Constitution and Constitutional Law. Compelling, accessible text offers a nuanced sense of the Constitution and the political disputes and scope of judicial authority that shapes its meaning. Provocative discussion of topics of current interest, including: Military detention Gender Sexual orientation Racial equality Multidimensional, comprehensive picture of the law, drawn from: Excerpts from case law. Concurring and dissenting opinions. Law journals and other scholarly articles. Articles from general publications. Published letters. Documents. Thematic organization links constitutional law to contemporary issues and controversies. Solid pedagogy includes probing, thought-provoking questions designed to enrich: Case comprehension. In-class discussions. Ability to synthesize complex concepts. Instructorand’s Manual with suggestions on course structure, as well as discussions, activities, and additional readings.
Book Synopsis The Constitution in the Supreme Court by : David P. Currie
Download or read book The Constitution in the Supreme Court written by David P. Currie and published by University of Chicago Press. This book was released on 1992-09 with total page 518 pages. Available in PDF, EPUB and Kindle. Book excerpt: Currie's masterful synthesis of legal analysis and narrative history, gives us a sophisticated and much-needed evaluation of the Supreme Court's first hundred years. "A thorough, systematic, and careful assessment. . . . As a reference work for constitutional teachers, it is a gold mine."—Charles A. Lofgren, Constitutional Commentary
Book Synopsis Cosmology for the Curious by : Delia Perlov
Download or read book Cosmology for the Curious written by Delia Perlov and published by Springer Nature. This book was released on with total page 388 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Buddhism, Politics and the Limits of Law by : Benjamin Schonthal
Download or read book Buddhism, Politics and the Limits of Law written by Benjamin Schonthal and published by Cambridge University Press. This book was released on 2016-11-17 with total page 319 pages. Available in PDF, EPUB and Kindle. Book excerpt: Examining Sri Lanka's religious and legal pasts, this is the first extended study of Buddhism and constitutional law.
Book Synopsis Everything in Everything by : Anna Marmodoro
Download or read book Everything in Everything written by Anna Marmodoro and published by Oxford University Press. This book was released on 2017 with total page 225 pages. Available in PDF, EPUB and Kindle. Book excerpt: Anaxagoras of Clazomenae (Vth century BCE) is best known in the history of philosophy for his stance that there is a share of everything in everything. He puts forward this theory of extreme mixture as a solution to the problem of change he and his contemporaries inherited from Parmenides - that what is cannot come from what is not (and vice versa). Yet, for ancient and modern scholars alike, the metaphysical significance of Anaxagoras's position has proven challenging to understanding. In Everything in Everything, Anna Marmodoro offers a fresh interpretation of Anaxagoras's theory of mixture, arguing for its soundness and also relevance to contemporary debates in metaphysics. For Anaxagoras the fundamental elements of reality are the opposites (hot, cold, wet, dry, etc.), which Marmodoro argues are instances of physical causal powers. The unchanging opposites compose mereologically, forming (phenomenologically) emergent wholes. Everything in the universe (except nous) derives from the opposites. The opposite exist as endlessly partitioned; they can be scattered everywhere and be in everything. Mardomoro further shows that their extreme mixture is made possible by the omni-presence and hence com-presence in the universe, which is in turn facilitated by the limitless divisibility of the opposites. Anaxagoras tackles the logical consequences of the limitless divisibility of the elements. He is the first ante litteram 'gunk lover' in the history of metaphysics. He also has a unique conception of (non-material) gunk and a unique power ontology, which Marmodoro refers to as 'power gunk'. Marmodoro investigates the nature of power gunk and the explanatory utility of the concept for Anaxagoras, for his theory of extreme mixture. Whilst most defenders of an atomless universe nowadays argue for material gunk as a conceptual possibility (only), Anaxagoras argues for power gunk as the ontology of nature.
Book Synopsis Institutional Constructivism in Social Sciences and Law by : Dora Kostakopoulou
Download or read book Institutional Constructivism in Social Sciences and Law written by Dora Kostakopoulou and published by Cambridge University Press. This book was released on 2018-10-04 with total page 231 pages. Available in PDF, EPUB and Kindle. Book excerpt: The book develops the model of institutional constructivism to aid socio-legal research and to account for patterns of socio-legal change.
