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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 Cosmic Constitutional Theory by : J. Harvie Wilkinson III
Download or read book Cosmic Constitutional Theory written by J. Harvie Wilkinson III and published by Oxford University Press. This book was released on 2012-03-09 with total page 176 pages. Available in PDF, EPUB and Kindle. Book excerpt: American constitutional law has undergone a transformation. Issues once left to the people have increasingly become the province of the courts. Subjects as diverse as abortion rights and firearms regulations, health care reform and counterterrorism efforts, not to mention a millennial presidential election, are more and more the domain of judges. What sparked this development? In this engaging volume, Judge 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. Thinkers as diverse as Justices William Brennan and Antonin Scalia, Professor John Hart Ely, Judges Robert Bork and Richard Posner, have all produced seminal interpretations of our Founding document, but ones that promise to imbue courts with unprecedented powers. While crediting the theorists for the sparkling quality of their thoughts, Judge Wilkinson argues they will slowly erode the role of representative institutions in America and leave our children bereft of democratic liberty. The loser in all the theoretical fireworks is the old and honorable tradition of judicial restraint. The judicial modesty once practiced by Learned Hand, John Harlan, and Oliver Wendell Holmes has given way to competing schools of liberal and conservative activism seeking sanctuary in Living Constitutionalism, Originalism, Process Theory, or the supposedly anti-theoretical creed of Pragmatism. Each of these seemingly disparate theories promises their followers an intellectually respectable route to congenial political outcomes from the bench. Judge Wilkinson calls for a plainer, simpler, self-disciplined commitment to judicial restraint and democratic governance, a course that alas may be impossible so long as the cosmic constitutionalists so dominate contemporary legal thought.
Book Synopsis Cosmic Constitutional Theory by : J. Harvie Wilkinson (III)
Download or read book Cosmic Constitutional Theory written by J. Harvie Wilkinson (III) and published by . This book was released on 2012 with total page 161 pages. Available in PDF, EPUB and Kindle. Book excerpt: What underlies this development? Federal Appeals Court Judge and noted author 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 224 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 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 93 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 Originalism's Promise by : Lee J. Strang
Download or read book Originalism's Promise written by Lee J. Strang and published by Cambridge University Press. This book was released on 2019-08-08 with total page 329 pages. Available in PDF, EPUB and Kindle. Book excerpt: Provides the first natural law justification for an originalist interpretation of the American Constitution.
Book Synopsis Paleolithic Politics by : Barry Cooper
Download or read book Paleolithic Politics written by Barry Cooper and published by University of Notre Dame Pess. This book was released on 2020-04-30 with total page 519 pages. Available in PDF, EPUB and Kindle. Book excerpt: Using his background in political theory and philosophical anthropology, Barry Cooper is the first political scientist to propose new interpretations of some of the most famous extant Paleolithic art and artifacts in Paleolithic Politics. This book is inspired by Eric Voegelin, one of the major political scientists of the last century, who developed an interest in the very early symbolism associated with the caves and rock shelters of the Upper Paleolithic, but never finished his analysis. Cooper, who has written extensively on Voegelin’s theories, takes up the enterprise of applying Voegelin’s approach to an analysis of portable and cave art. He specifically applies Voegelin’s philosophy of consciousness, his concept of the compactness and differentiation of consciousness, his argument regarding the experience and symbolizations of reality, and his notion of the primary experience of the cosmos to images previously regarded as pedestrian. Cooper demonstrates the political significance of the earliest expressions of human existence and is among the first to argue that political life began not with the Greeks, but 25,000 years before them. Archaeologists, prehistorians, and political scientists will all benefit from this original and provocative work.
Book Synopsis The Cycles of Constitutional Time by : Jack M. Balkin
Download or read book The Cycles of Constitutional Time written by Jack M. Balkin and published by Oxford University Press. This book was released on 2020-08-01 with total page 246 pages. Available in PDF, EPUB and Kindle. Book excerpt: What will happen to American democracy? The nation's past holds vital clues for understanding where we are now and where we are headed. In The Cycles of Constitutional Time, the eminent constitutional theorist Jack Balkin explains how America's constitutional system changes through the interplay among three cycles: the rise and fall of dominant political parties, the waxing and waning of political polarization, and alternating episodes of constitutional decay and constitutional renewal. If America's politics seems especially fraught today, it is because we are nearing the end of the Republican Party's political dominance, at the height of a long cycle of political polarization, and suffering from an advanced case of what he calls "constitutional rot." In fact, when people talk about constitutional crisis, Balkin explains, they are usually describing constitutional rot--the historical process through which republics become less representative and less devoted to the common good. Brought on by increasing economic inequality and loss of trust, constitutional rot threatens our constitutional system. But Balkin offers a message of hope: We have been through these cycles before, and we will get through them again. He describes what our politics will look like as polarization lessens and constitutional rot recedes. Balkin also explains how the cycles of constitutional time shape the work of the federal courts and theories about constitutional interpretation. He shows how the political parties have switched sides on judicial review not once but twice in the twentieth century, and what struggles over judicial review will look like in the coming decades. Drawing on literatures from history, law, and political science, this is a fascinating ride through American history with important lessons for the present and the future.
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 Novus Ordo Seclorum by : Forrest McDonald
Download or read book Novus Ordo Seclorum written by Forrest McDonald and published by . This book was released on 1985 with total page 384 pages. Available in PDF, EPUB and Kindle. Book excerpt: 'A witty and energetic study of the ideas and passions of the Framers.' - New York Times Book Review'An important, comprehensive statement about the most fundamental period in American history. It deals authoritatively with topics no student of American can afford to ignore.' - Harvey Mansfield, author of the Spirit of Liberalism
Book Synopsis Interpreting the Constitution by : Erwin Chemerinsky
Download or read book Interpreting the Constitution written by Erwin Chemerinsky and published by Praeger. This book was released on 1987-11-17 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Interpreting The Constitution doesn't fit neatly into the extensive literature on judicial review and constitutional interpretation that reconciles judicial review with democracy defined as majority rule. Indeed, Chemerinsky criticizes this method of interpretation and contends that the Constitution exists to protect political minorities and fundamental rights from majority rule. Chapter by chapter, he keenly defends this unique method of interpretation, challenges the general approach, and offers thorough, expert coverage.
Book Synopsis Judicial Review in an Objective Legal System by : Tara Smith
Download or read book Judicial Review in an Objective Legal System written by Tara Smith and published by Cambridge University Press. This book was released on 2015-07-30 with total page 303 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book grounds judicial review in its deepest foundations: the function, authority, and objectivity of a legal system as a whole.
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 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 Religion without God by : Ronald Dworkin
Download or read book Religion without God written by Ronald Dworkin and published by Harvard University Press. This book was released on 2013-10-01 with total page 71 pages. Available in PDF, EPUB and Kindle. Book excerpt: In his last book, Ronald Dworkin addresses questions that men and women have asked through the ages: What is religion and what is God’s place in it? What is death and what is immortality? Based on the 2011 Einstein Lectures, Religion without God is inspired by remarks Einstein made that if religion consists of awe toward mysteries which “manifest themselves in the highest wisdom and the most radiant beauty, and which our dull faculties can comprehend only in the most primitive forms,” then, he, Einstein, was a religious person. Dworkin joins Einstein’s sense of cosmic mystery and beauty to the claim that value is objective, independent of mind, and immanent in the world. He rejects the metaphysics of naturalism—that nothing is real except what can be studied by the natural sciences. Belief in God is one manifestation of this deeper worldview, but not the only one. The conviction that God underwrites value presupposes a prior commitment to the independent reality of that value—a commitment that is available to nonbelievers as well. So theists share a commitment with some atheists that is more fundamental than what divides them. Freedom of religion should flow not from a respect for belief in God but from the right to ethical independence. Dworkin hoped that this short book would contribute to rational conversation and the softening of religious fear and hatred. Religion without God is the work of a humanist who recognized both the possibilities and limitations of humanity.
Book Synopsis The Origin and Scope of the American Doctrine of Constitutional Law by : James Bradley Thayer
Download or read book The Origin and Scope of the American Doctrine of Constitutional Law written by James Bradley Thayer and published by . This book was released on 1893 with total page 42 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.
