Liberty and Coercion

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Author :
Publisher : Princeton University Press
ISBN 13 : 0691178216
Total Pages : 470 pages
Book Rating : 4.6/5 (911 download)

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Book Synopsis Liberty and Coercion by : Gary Gerstle

Download or read book Liberty and Coercion written by Gary Gerstle and published by Princeton University Press. This book was released on 2017-10-24 with total page 470 pages. Available in PDF, EPUB and Kindle. Book excerpt: How the conflict between federal and state power has shaped American history American governance is burdened by a paradox. On the one hand, Americans don't want "big government" meddling in their lives; on the other hand, they have repeatedly enlisted governmental help to impose their views regarding marriage, abortion, religion, and schooling on their neighbors. These contradictory stances on the role of public power have paralyzed policymaking and generated rancorous disputes about government’s legitimate scope. How did we reach this political impasse? Historian Gary Gerstle, looking at two hundred years of U.S. history, argues that the roots of the current crisis lie in two contrasting theories of power that the Framers inscribed in the Constitution. One theory shaped the federal government, setting limits on its power in order to protect personal liberty. Another theory molded the states, authorizing them to go to extraordinary lengths, even to the point of violating individual rights, to advance the "good and welfare of the commonwealth." The Framers believed these theories could coexist comfortably, but conflict between the two has largely defined American history. Gerstle shows how national political leaders improvised brilliantly to stretch the power of the federal government beyond where it was meant to go—but at the cost of giving private interests and state governments too much sway over public policy. The states could be innovative, too. More impressive was their staying power. Only in the 1960s did the federal government, impelled by the Cold War and civil rights movement, definitively assert its primacy. But as the power of the central state expanded, its constitutional authority did not keep pace. Conservatives rebelled, making the battle over government’s proper dominion the defining issue of our time. From the Revolution to the Tea Party, and the Bill of Rights to the national security state, Liberty and Coercion is a revelatory account of the making and unmaking of government in America.

The Structure of Liberty : Justice and the Rule of Law

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Author :
Publisher : Oxford University Press, USA
ISBN 13 : 019152204X
Total Pages : 363 pages
Book Rating : 4.1/5 (915 download)

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Book Synopsis The Structure of Liberty : Justice and the Rule of Law by : Randy E. Barnett

Download or read book The Structure of Liberty : Justice and the Rule of Law written by Randy E. Barnett and published by Oxford University Press, USA. This book was released on 1998-04-02 with total page 363 pages. Available in PDF, EPUB and Kindle. Book excerpt: In this provocative and engaging new book, Randy Barnett outlines a powerful and original theory of liberty structured by the liberal conception of justice and the rule of law. Drawing on insights from philosophy, political theory, economics, and law, he shows how this new conception of liberty can confront, and solve, the central societal problems of knowledge, interest, and power. - ;What is liberty, as opposed to license, and why is it so important? When people pursue happiness, peace, and prosperity whilst living in society, they confront pervasive problems of knowledge, interest, and power. These problems are dealt with by ensuring the liberty of the people to pursue their own ends, but addressing these problems also requires that liberty be structured by certain rights and procedures associated with the classical liberal conception of justice and the rule of law. In this controversial new work, Barnett examines the serious social problems that are addressed by liberty and the background or `natural' rights and `rule of law' procedures that distinguish liberty from license. He goes on to outline the constitutional framework that is needed to protect this structure of liberty. This is the only discussion of the liberal conception of justice and the rule of law to draw upon insights from philosophy, economics, political theory, and law to describe comprehensively the vital social functions performed by adherence to these concepts. And, although the book is intended to challenge specialists, its clear and accessible prose ensure that it will be of immense value to both scholars and students working in a range of academic disciplines. -

Liberty, Order, and Justice

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Publisher :
ISBN 13 :
Total Pages : 664 pages
Book Rating : 4.X/5 (4 download)

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Book Synopsis Liberty, Order, and Justice by : James McClellan

Download or read book Liberty, Order, and Justice written by James McClellan and published by . This book was released on 2000 with total page 664 pages. Available in PDF, EPUB and Kindle. Book excerpt: This new Liberty Fund edition of James McClellan's classic work on the quest for liberty, order, and justice in England and America includes the author's revisions to the original edition published in 1989 by the Center for Judicial Studies. Unlike most textbooks in American Government, Liberty, Order, and Justice seeks to familiarize the student with the basic principles of the Constitution, and to explain their origin, meaning, and purpose. Particular emphasis is placed on federalism and the separation of powers. These features of the book, together with its extensive and unique historical illustrations, make this new edition of Liberty, Order, and Justice especially suitable for introductory classes in American Government and for high school students in advanced placement courses.

The State

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Author :
Publisher : Collected Papers of Anthony de
ISBN 13 : 9780865971714
Total Pages : 0 pages
Book Rating : 4.9/5 (717 download)

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Book Synopsis The State by : Anthony De Jasay

Download or read book The State written by Anthony De Jasay and published by Collected Papers of Anthony de. This book was released on 1998 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: The State is a brilliant analysis of some of the fundamental issues of modern political thought from the perspective, not of individuals or subjects, but of the state itself. The author poses the query, "What would you do if you were the state?" The state usually is understood as an instrument, not a personality, and it is presumed to exist so that people can achieve their common ends. However, Jasay asks, what if we suppose the state to have a will and ends of its own? To answer these questions, the author traces the logical and historical progression of the state from a modest-sized protector of life and property through its development into an "agile seducer of democratic majorities, to the welfare-dispensing drudge that it is in many countries today ... Is the rational next step a totalitarian enhancement of its power?" The State presents what has been termed "a disturbingly logical 'agenda' for the state in pursuit of its 'self-fulfillment.'"--Inside jacket flap.

With Liberty and Justice for Some

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Author :
Publisher : Metropolitan Books
ISBN 13 : 1466805765
Total Pages : 355 pages
Book Rating : 4.4/5 (668 download)

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Book Synopsis With Liberty and Justice for Some by : Glenn Greenwald

Download or read book With Liberty and Justice for Some written by Glenn Greenwald and published by Metropolitan Books. This book was released on 2011-11-11 with total page 355 pages. Available in PDF, EPUB and Kindle. Book excerpt: From "the most important voice to have entered the political discourse in years" (Bill Moyers), a scathing critique of the two-tiered system of justice that has emerged in America From the nation's beginnings, the law was to be the great equalizer in American life, the guarantor of a common set of rules for all. But over the past four decades, the principle of equality before the law has been effectively abolished. Instead, a two-tiered system of justice ensures that the country's political and financial class is virtually immune from prosecution, licensed to act without restraint, while the politically powerless are imprisoned with greater ease and in greater numbers than in any other country in the world. Starting with Watergate, continuing on through the Iran-Contra scandal, and culminating with Obama's shielding of Bush-era officials from prosecution, Glenn Greenwald lays bare the mechanisms that have come to shield the elite from accountability. He shows how the media, both political parties, and the courts have abetted a process that has produced torture, war crimes, domestic spying, and financial fraud. Cogent, sharp, and urgent, this is a no-holds-barred indictment of a profoundly un-American system that sanctions immunity at the top and mercilessness for everyone else.

Liberty, Justice and the State

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Author :
Publisher : Xlibris Corporation
ISBN 13 : 1796003905
Total Pages : 323 pages
Book Rating : 4.7/5 (96 download)

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Book Synopsis Liberty, Justice and the State by : Paul O'Hara

Download or read book Liberty, Justice and the State written by Paul O'Hara and published by Xlibris Corporation. This book was released on 2019-07-12 with total page 323 pages. Available in PDF, EPUB and Kindle. Book excerpt: Politics could be described as a kind of bartering that enables us to overcome the discontinuities in our lives by resolving conflicts in a peaceful, rather than unruly, manner and seeking a sphere in which there is some common or general accord. It is thus the art of compromise, conciliation, and negotiation rather than brute or naked force where it concerns meaningful and effective decision-making. It is also an attempt at establishing some legitimate authority in response to the different needs that arise in society and at creating a system of benefits and burdens that are binding to all. To this extent, it is about the means and not the end—or at least the sufficiency of any means as opposed to the morality of any end. To achieve what is good is thus to achieve what is useful or to at least achieve the best strategy or plan that suits the circumstance at hand. In this case, we do not say that if the end is right or wrong, then the means are value-free. Instead, we say that since the means are value-laden, then the end is value-free. Given that wielding a blunt instrument to achieve a result is neither ethical nor unethical, the best we can hope for is a more ethical approach to the fashioning of any singular or conjugate set of means. So it is with our diplomats in their global dealings and our policy makers in the world of home affairs. There is another view, however, that suggests the difference between the political and the nonpolitical hinges on the distinction between a public and a private life with the assumption that what is true for one must also be true for the other. That is that politics is an ethical activity that replaces right behavior with just behavior and that it is the pursuit of human betterment through ostensibly public means just as ethics is the pursuit of human betterment through ostensibly private means. In answer to the question where this line should be drawn, the most common response is between civil society and that entity we call the state. State institutions—such as the government, the judiciary, and the armed forces—could be regarded as public because they touch all aspects of communal life. On the other hand, institutions such as family, business conglomerates, trade unions, and divers clubs could be regarded as private because they support only limited aims and are voluntary to join as well as voluntary to quit (although, of course, not voluntary for joining in the case of the family). This may also generate a particular perception of public life as being good in one sense but bad in another. Participation in the activities of the state may be deemed worthwhile if this is seen to involve interaction among individuals who are both free and equal in their regard for one another. On the other hand, state participation may be seen in a negative light if this limits the range of our choices, especially if it interferes with family commitments and everyday leisure pursuits. But if politics is concerned principally with questions about the state, a related question concerns its origin—whether it has evolved naturally or whether it is a purely human artifice borne of certain indispensable needs. This controversy has a long history, dating back to the Greeks, and Aristotle is typical in the kind of approach that supports the former. Political associations are regarded as natural progressions, starting with those that are simple and working toward those that are more complex. The pairing of a male and a female is essential for the sake of procreation, and that introduces the basic unit of a family. The pairing of a master and a slave is essential for the sake of rulership, and that introduces the primacy of mental agility over physical strength. What we mean by the head of any household is then extended to the head of any village. Although in this case, the lord or master acquires a certain status that demands the strict loyalty of his subjects.

Active Liberty

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Author :
Publisher : Vintage
ISBN 13 : 0307424618
Total Pages : 176 pages
Book Rating : 4.3/5 (74 download)

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Book Synopsis Active Liberty by : Stephen Breyer

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.

Observations on the Nature of Civil Liberty

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Publisher :
ISBN 13 :
Total Pages : 140 pages
Book Rating : 4.R/5 ( download)

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Book Synopsis Observations on the Nature of Civil Liberty by : Richard Price

Download or read book Observations on the Nature of Civil Liberty written by Richard Price and published by . This book was released on 1776 with total page 140 pages. Available in PDF, EPUB and Kindle. Book excerpt:

With Liberty and Justice for Some

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Publisher :
ISBN 13 : 9781565840591
Total Pages : 246 pages
Book Rating : 4.8/5 (45 download)

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Book Synopsis With Liberty and Justice for Some by : David Kairys

Download or read book With Liberty and Justice for Some written by David Kairys and published by . This book was released on 1993 with total page 246 pages. Available in PDF, EPUB and Kindle. Book excerpt: Analyzes some of the changes brought about by the Reagan-Bush Supreme Court, argues that the court is promoting an erosion of principles, and discusses the impact of Supreme Court decisions on life in the United States

Restoring the Lost Constitution

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Publisher : Princeton University Press
ISBN 13 : 0691159734
Total Pages : 448 pages
Book Rating : 4.6/5 (911 download)

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Book Synopsis Restoring the Lost Constitution by : Randy E. Barnett

Download or read book Restoring the Lost Constitution written by Randy E. Barnett and published by Princeton University Press. This book was released on 2013-11-24 with total page 448 pages. Available in PDF, EPUB and Kindle. Book excerpt: The U.S. Constitution found in school textbooks and under glass in Washington is not the one enforced today by the Supreme Court. In Restoring the Lost Constitution, Randy Barnett argues that since the nation's founding, but especially since the 1930s, the courts have been cutting holes in the original Constitution and its amendments to eliminate the parts that protect liberty from the power of government. From the Commerce Clause, to the Necessary and Proper Clause, to the Ninth and Tenth Amendments, to the Privileges or Immunities Clause of the Fourteenth Amendment, the Supreme Court has rendered each of these provisions toothless. In the process, the written Constitution has been lost. Barnett establishes the original meaning of these lost clauses and offers a practical way to restore them to their central role in constraining government: adopting a "presumption of liberty" to give the benefit of the doubt to citizens when laws restrict their rightful exercises of liberty. He also provides a new, realistic and philosophically rigorous theory of constitutional legitimacy that justifies both interpreting the Constitution according to its original meaning and, where that meaning is vague or open-ended, construing it so as to better protect the rights retained by the people. As clearly argued as it is insightful and provocative, Restoring the Lost Constitution forcefully disputes the conventional wisdom, posing a powerful challenge to which others must now respond. This updated edition features an afterword with further reflections on individual popular sovereignty, originalist interpretation, judicial engagement, and the gravitational force that original meaning has exerted on the Supreme Court in several recent cases.

Justice Stephen Field's Cooperative Constitution of Liberty

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Publisher : Rowman & Littlefield
ISBN 13 : 149855444X
Total Pages : 199 pages
Book Rating : 4.4/5 (985 download)

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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.

A Theory of Justice

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Publisher : Harvard University Press
ISBN 13 : 0674042603
Total Pages : 624 pages
Book Rating : 4.6/5 (74 download)

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Book Synopsis A Theory of Justice by : John RAWLS

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.

Justice and Its Surroundings

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Publisher : Amagi Books
ISBN 13 :
Total Pages : 366 pages
Book Rating : 4.F/5 ( download)

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Book Synopsis Justice and Its Surroundings by : Anthony De Jasay

Download or read book Justice and Its Surroundings written by Anthony De Jasay and published by Amagi Books. This book was released on 2002 with total page 366 pages. Available in PDF, EPUB and Kindle. Book excerpt: Libertarian (in the right-wing sense) political philosopher de Jasay presents 17 essays on his conception of justice and issues that he sees as surrounding the concept of justice: the state, the redistribution of income and wealth, the benefits and burdens between those who make collective choices and those who submit to them, the shaping of economic and social institutions so as to make them fit a unified ideology, and the problem of individual liberty. Annotation copyrighted by Book News, Inc., Portland, OR

Liberty and Justice for All?

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Publisher : Univ of Massachusetts Press
ISBN 13 : 155849913X
Total Pages : 402 pages
Book Rating : 4.5/5 (584 download)

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Book Synopsis Liberty and Justice for All? by : Kathleen G. Donohue

Download or read book Liberty and Justice for All? written by Kathleen G. Donohue and published by Univ of Massachusetts Press. This book was released on 2012 with total page 402 pages. Available in PDF, EPUB and Kindle. Book excerpt: A wide-ranging exploration of the culture of American politics in the early decades of the Cold War

Liberty Under Law

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Publisher : JHU Press
ISBN 13 :
Total Pages : 248 pages
Book Rating : 4.3/5 (91 download)

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Book Synopsis Liberty Under Law by : William M. Wiecek

Download or read book Liberty Under Law written by William M. Wiecek and published by JHU Press. This book was released on 1988-03 with total page 248 pages. Available in PDF, EPUB and Kindle. Book excerpt: The two-hundredth anniversary of the U.S. Constitution and the intense debates surrounding the recent nominees to the Supreme Court have refocused attention on one of the most fundamental documents in U.S. history—and on the judges who settle disputed over its interpretation. Liberty under Law is a concise and readable history of the U.S. Supreme Court, from its antecedents in colonial and British legal tradition to the present, William M. Wiecek surveys the impact of the Court's power of judicial review on important aspects of the national's political, economic, and social life. The author highlights important decisions on issues that range from the scope and legitimacy of judicial review itself to civil rights, censorship, the rights of privacy, seperation of church and state, and the powers of the President and Congress to conduct foreign affairs.

Freedom, Justice, and the State

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Publisher : University Press of Amer
ISBN 13 : 9780819111968
Total Pages : 231 pages
Book Rating : 4.1/5 (119 download)

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Book Synopsis Freedom, Justice, and the State by : Ronald H. Nash

Download or read book Freedom, Justice, and the State written by Ronald H. Nash and published by University Press of Amer. This book was released on 1980 with total page 231 pages. Available in PDF, EPUB and Kindle. Book excerpt: What do the terms 'freedom' and 'justice' mean? What is the State? Is the existence of the State justified? What are the proper limits of the power of the State? What about the intervention of the State in economic matters that gives rise to the disputes between advocates of capitalism, socialism, and the welfare state? These are some of the broader questions addressed in this book.

Equality in Liberty and Justice

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Author :
Publisher : Routledge
ISBN 13 : 1351311549
Total Pages : 224 pages
Book Rating : 4.3/5 (513 download)

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Book Synopsis Equality in Liberty and Justice by : Antony Flew

Download or read book Equality in Liberty and Justice written by Antony Flew and published by Routledge. This book was released on 2018-01-18 with total page 224 pages. Available in PDF, EPUB and Kindle. Book excerpt: Equality in Liberty and Justice is an integrated collection of essays in political philosophy, divided into two parts. The first examines (classically) liberal ideas-the ideas of the Founding Fathers of the American republic-and some of the applications and the rejections of such ideas in our contemporary world. Among other questions about liberty and responsibility it considers, in the context of the imprisonment and psychiatric treatment of dissidents in the psychiatric hospitals of the former Soviet Union, Plato's suggestion that all delinquency is an expression of mental disease.The second part examines the relations and the lack of relations between old fashioned, without prefix or suffix, justice and what is called by its promoters social justice. It therefore presses such questions as "Equal outcomes or equal justice?" and "Enemies of poverty or of inequality?"Equality in Liberty and Justice was originally published before the winning of the Cold War and the collapse of the Soviet Empire. This second edition updates the arguments of the previous editor and draws present day moral conclusions. This book will appeal to those for whom the classical liberal and conservative debates still have great meaning. Flew might well be the most significant sunthesizer of Tocqueville and Mill.