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Author : Anne M. Cohler
Publisher :
ISBN 13 : 9780700630813
Total Pages : pages
Book Rating : 4.6/5 (38 download)
Download or read book Montesquieu's Comparative Politics and the Spirit of American Constitutionalism written by Anne M. Cohler and published by . This book was released on with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author : Anne M. Cohler
Publisher : University Press of Kansas
ISBN 13 : 0700631445
Total Pages : 227 pages
Book Rating : 4.7/5 (6 download)
Download or read book Montesquieu's Comparative Politics and the Spirit of American Constitutionalism written by Anne M. Cohler and published by University Press of Kansas. This book was released on 2021-10-08 with total page 227 pages. Available in PDF, EPUB and Kindle. Book excerpt: “American republicans,” notes Forrest McDonald, “regarded selected doctrines of Montesquieu’s as being virtually on par with Holy Writ.” But exactly how the French jurist’s labyrinthian work, The Spirit of the Laws, with was published in 1748, influenced the eighteenth-century conception of the republic is not well understood by historians or theorists. Anne M. Cohler undertakes to show the importance of Montequieu’s teaching for modern legislation and for modern political prudence generally, with specific reference to his impact on the Federalist and Tocqueville. In so doing, she delineates Montequieu’s contribution to political philosophy and suggests new ways to think about the formation of the American Constitution. To analyze the comparative politics found in the Spirit of the Laws, Cohler focuses on four fundamental principles underlying Montesquieu’s view of government: spirit, moderation, liberty, and legislation. In this endeavor she is guided by the conviction that the philosopher hews to the spirit of the laws rather than to the laws themselves—that is, to internal rather than external principles. Montesquieu, in Cohler’s argument, addresses the problem posed by the tendency to see human beings in light o universal abstractions at the expense of particular relationships, distinctions, and forms. To counter this tendency, which can be fostered by religion, Montesquieu develops a theory of prudence designed to support the world of politics an dpolitical life, necessarily an intermediate world occupying a space between universal abstractions and individual particularities. Cohler suggest that the Federalists and Tocqueville were most influenced by this preoccupation with spirit and moderation. James Madison and other Federalists, for example, were not drawn to limited government as a principled notion but rather as a consequence of understanding the context within which a moderate government must act not to become despotic. Similarly, Tocqueville extols democracy as self-government as an antidote to the dangers of democracy as a rule; the character of the governed shapes the nature of the governors. These and other conclusions will prove valuable to intellectual historians, political theorists, and students of religion.
Author : Charles de Secondat
Publisher : e-artnow
ISBN 13 :
Total Pages : 777 pages
Book Rating : 4.4/5 (57 download)
Download or read book The Spirit of the Laws: Political Study written by Charles de Secondat and published by e-artnow. This book was released on 2019-06-03 with total page 777 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Spirit of the Laws is a treatise on political theory, as well as a pioneering work in comparative law, published in 1748 by Montesquieu. Originally published anonymously, partly because Montesquieu's works were subject to censorship, its influence outside France was aided by its rapid translation into other languages. In 1751 the Roman Catholic Church added De l'esprit des lois to its Index Librorum Prohibitorum. Yet Montesquieu's treatise had an enormous influence on the work of many others, most notably: Catherine the Great, who produced Nakaz (Instruction); the Founding Fathers of the United States Constitution; and Alexis de Tocqueville, who applied Montesquieu's methods to a study of American society, in Democracy in America.
Author : Charles de Secondat baron de Montesquieu
Publisher : Rowman & Littlefield
ISBN 13 : 9780742511811
Total Pages : 474 pages
Book Rating : 4.5/5 (118 download)
Download or read book Montesquieu's Science of Politics written by Charles de Secondat baron de Montesquieu and published by Rowman & Littlefield. This book was released on 2001 with total page 474 pages. Available in PDF, EPUB and Kindle. Book excerpt: In what constitutes the only English-language collection of essays ever dedicated to the analysis of Montesquieu's contributions to political science, the contributors review some of the most vexing controversies that have arisen in the interpretation of Montesquieu's thought. By paying careful attention to the historical, political, and philosophical contexts of Montesquieu's ideas, the contributors provide fresh readings of The Spirit of Laws, clarify the goals and ambitions of its author, and point out the pertinence of his thinking to the problems of our world today.
Author : George Thomas
Publisher : JHU Press
ISBN 13 : 1421403269
Total Pages : 264 pages
Book Rating : 4.4/5 (214 download)
Download or read book The Madisonian Constitution written by George Thomas and published by JHU Press. This book was released on 2008-08-01 with total page 264 pages. Available in PDF, EPUB and Kindle. Book excerpt: Today, we think of constitutional questions as being settled by the Supreme Court. But that is not always the case, nor is it what the framers intended in constructing the three-branch federal government. This volume examines four crucial moments in the United States' political history—the Civil War and Reconstruction, the Progressive Era, Franklin Delano Roosevelt's presidency and the New Deal, and the Reagan revolution—to illustrate the Madisonian view that the present rise of judicial supremacy actually runs counter to the Constitution as established at the nation’s founding. George Thomas opens by discussing how the Constitution encourages an antagonistic approach to settling disputes, thereby preserving itself as the nation's fundamental law rather then ceding that role to the president, Congress, or Supreme Court. In considering the four historical case studies, he focuses on judicial interpretations and the political branches' responses to them to demonstrate that competing conceptions of constitutional authority and meaning, as well as intergovernmental disputes themselves—rather than any specific outcome—strengthen the nature of the nation's founding document as a political instrument. Engagingly written and soundly argued, this study clarifies and highlights the political origins of the nation's foundational document and argues that American constitutionalism is primarily about countervailing power not legal limits enforced by courts.
Author : Vickie B. Sullivan
Publisher : University of Chicago Press
ISBN 13 : 022648291X
Total Pages : 301 pages
Book Rating : 4.2/5 (264 download)
Download or read book Montesquieu and the Despotic Ideas of Europe written by Vickie B. Sullivan and published by University of Chicago Press. This book was released on 2017-09-05 with total page 301 pages. Available in PDF, EPUB and Kindle. Book excerpt: Montesquieu is famous as a tireless critic of despotism, which he associates overtly with Asia and the Middle East and not with the apparently more moderate Western models of governance found throughout Europe. However, Vickie B. Sullivan argues that a creaful reading of Montesquieu's enormously influential The Spirit of the Law reveals the surprising result that he recognizes that Europe itself is susceptible to despotic practices - and that the threat emanates not from the East but rather from certain despotic ideas that inform Western institutions and practices. Sullivan guides readers through Montesquieu's sometimes veiled yet sharply critical accounts of Machiavelli, Hobbes, Aristotle, and Plato, as well as various Christian thinkers have brough forth despotic ideas in the form, for example, of brutal Machiavellianism, of Hobbes's justifications for the rule of one, of Plato's reasoning that denied slaves the right of natural defense, and of the Christian teachings that equated heresy with treason. Such ideas, Montesquieu shows, inform such revered European institutions as the French monarchy and the Roman Catholic Church. In this new reading of Montesquieu's masterwork, Sullivan corrects the misconception that it offers simple, objective observations, showing it to be instead a powerful critique of European politics that would become remarkably and regrettably prescient after Montesquieu's death, when despotism repeatedly emerged in Europe with virulent intensity. -- from dust jacket.
Author : Charles de Secondat baron de Montesquieu
Publisher :
ISBN 13 :
Total Pages : 468 pages
Book Rating : 4.F/5 ( download)
Download or read book The Spirit of Laws written by Charles de Secondat baron de Montesquieu and published by . This book was released on 1900 with total page 468 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author : Giorgi Areshidze
Publisher : SUNY Press
ISBN 13 : 1438460414
Total Pages : 418 pages
Book Rating : 4.4/5 (384 download)
Download or read book Constitutionalism, Executive Power, and the Spirit of Moderation written by Giorgi Areshidze and published by SUNY Press. This book was released on 2016-05-20 with total page 418 pages. Available in PDF, EPUB and Kindle. Book excerpt: Leading scholars and legal practitioners explore constitutional, legal, and philosophical topics. In Constitutionalism, Executive Power, and the Spirit of Moderation, contributors ranging from scholars to practitioners in the federal executive and judicial branches blend philosophical and political modes of analysis to examine a variety of constitutional, legal, and philosophical topics. Part 1, The Role of Courts in Constitutional Democracy, analyzes the proper functions and limits of the judiciary and judicial decision making in constitutional government. Part 2, Law and Executive Authority, reflects on the tensions between constitutionalism and presidential leadership in both domestic and international arenas. Part 3, Liberal Education, Constitutionalism, and Philosophic Moderation, shifts the focus to the relationship between constitutionalism and political philosophy, and especially to the modern modes of philosophy that most directly influenced the American Founders. A valuable resource for specialists, the book also will be of use in political science and law school classes.
Author : Charles Howard McIlwain
Publisher : The Lawbook Exchange, Ltd.
ISBN 13 : 1584775505
Total Pages : 172 pages
Book Rating : 4.5/5 (847 download)
Download or read book Constitutionalism written by Charles Howard McIlwain and published by The Lawbook Exchange, Ltd.. This book was released on 2005 with total page 172 pages. Available in PDF, EPUB and Kindle. Book excerpt: Examines of the rise of constitutionalism from the "democratic strands" in the works of Aristotle and Cicero through the transitional moment between the medieval and the modern eras.
Author : M. J. C. Vile
Publisher :
ISBN 13 : 9780865971752
Total Pages : 0 pages
Book Rating : 4.9/5 (717 download)
Download or read book Constitutionalism and the Separation of Powers written by M. J. C. Vile and published by . This book was released on 1998 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Vile traces the history of the doctrine from its rise during the English Civil War, through its development in the eighteenth century -- through subsequent political thought and constitution-making in Britain, France, and the United States.
Author : Gary L. McDowell
Publisher : Cambridge University Press
ISBN 13 : 0521140919
Total Pages : 429 pages
Book Rating : 4.5/5 (211 download)
Download or read book The Language of Law and the Foundations of American Constitutionalism written by Gary L. McDowell and published by Cambridge University Press. This book was released on 2010-06-28 with total page 429 pages. Available in PDF, EPUB and Kindle. Book excerpt: Argues that the Founders intended the Constitution to be interpreted according to the text's meaning and its framers' original intentions.
Author : Michael T. Gibbons
Publisher : Wiley-Blackwell
ISBN 13 : 9781118474396
Total Pages : 4224 pages
Book Rating : 4.4/5 (743 download)
Download or read book The Encyclopedia of Political Thought written by Michael T. Gibbons and published by Wiley-Blackwell. This book was released on 2015 with total page 4224 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Encyclopedia of Political Thought is the most comprehensive and rigorous treatment of significant political thinkers, political theories, concepts, ideas, and schools of thought. Comprises over 900 A-Z entries, including brief definitions, biographies, and major topics, written by a team of 700 contributors from around the world Explores key theories and theorists, including non-western perspectives, in tracing the evolution of political thought from antiquity to the present day Published in association with The Foundations of Political Theory, an organized section of the American Political Science Association 8 Volumes www.encyclopediaofpoliticalthought.com
Author : David S. Clark
Publisher : Oxford University Press
ISBN 13 : 0195369920
Total Pages : 585 pages
Book Rating : 4.1/5 (953 download)
Download or read book American Comparative Law written by David S. Clark and published by Oxford University Press. This book was released on 2022-09-02 with total page 585 pages. Available in PDF, EPUB and Kindle. Book excerpt: "Historical Comparative Law and Comparative Legal History Legal history and comparative law overlap in important respects. This is more apparent with the use of some methods for comparison, such as legal transplant, natural law, or nation building. M.N.S. Sellers nicely portrayed the relationship. The past is a foreign country, its people strangers and its laws obscure.... No one can really understand her or his own legal system without leaving it first, and looking back from the outside. The comparative study of law makes one's own legal system more comprehensible, by revealing its idiosyncrasies. Legal history is comparative law without travel. Legal historians, perhaps especially in the United States, have been skeptical about the possibility of a fruitful comparative legal history, preferring in general to investigate the distinctiveness of their national experience. Comparatists, however, content with revealing or promoting similarities or differences between legal systems, by their nature strive toward comparison. Some American historians, especially since World War II, see the value in this"--
Author : Kenneth Newton
Publisher : Cambridge University Press
ISBN 13 : 131655290X
Total Pages : 467 pages
Book Rating : 4.3/5 (165 download)
Download or read book Foundations of Comparative Politics written by Kenneth Newton and published by Cambridge University Press. This book was released on 2016-05-12 with total page 467 pages. Available in PDF, EPUB and Kindle. Book excerpt: The new edition of this leading overview of comparative politics once again blends theory and evidence across democratic systems to provide unparalleled coverage. The student-friendly structure and clear, concise writing ensure that complex issues are clearly explained and students engage with the key theories. The third edition is updated throughout, with a new chapter, 'Public Spending and Public Policies', increased coverage of defective democracies, and revised coverage of e-democracy and the power of the media. The pedagogy is simplified with a focus on 'Briefings' and 'Controversies' that feature examples from across the globe, alongside clear key terms, 'What We Have Learned' and 'Lessons of Comparison' sections, and a wealth of online materials to complete a rich teaching and learning package.
Author : G. McDowell
Publisher : Springer
ISBN 13 : 0230601065
Total Pages : 270 pages
Book Rating : 4.2/5 (36 download)
Download or read book America and Enlightenment Constitutionalism written by G. McDowell and published by Springer. This book was released on 2006-09-18 with total page 270 pages. Available in PDF, EPUB and Kindle. Book excerpt: Please note this is a 'Palgrave to Order' title (PTO). Stock of this book requires shipment from an overseas supplier. It will be delivered to you within 12 weeks. This book shows in detail the Enlightenment origin of the US Constitution. It provides vivid analysis of how the Enlightenment's basic ideas were reformulated in the context of America.
Author : Charles de Montesquieu
Publisher : Cambridge University Press
ISBN 13 : 1107393116
Total Pages : 808 pages
Book Rating : 4.1/5 (73 download)
Download or read book Montesquieu: The Spirit of the Laws written by Charles de Montesquieu and published by Cambridge University Press. This book was released on 1989-09-21 with total page 808 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Spirit of the Laws is, without question, one of the central texts in the history of eighteenth-century thought, yet there has been no complete, scholarly English-language edition since that of Thomas Nugent, published in 1750. This lucid translation renders Montesquieu's problematic text newly accessible to a fresh generation of students, helping them to understand quite why Montesquieu was such an important figure in the early enlightenment and why The Spirit of the Laws was, for example, such an influence upon those who framed the American constitution. Fully annotated, this edition focuses attention upon Montesquieu's use of sources and his text as a whole, rather than upon those opening passages towards which critical energies have traditionally been devoted, and a select bibliography and chronology are provided for those coming to Montesquieu's work for the first time.
Author : Anne M. Cohler, Basia Carolyn Miller and Harold Samuel Stone
Publisher : Cambridge University Press
ISBN 13 : 1107384826
Total Pages : 550 pages
Book Rating : 4.1/5 (73 download)
Download or read book Montesquieu: The Spirit of the Laws written by Anne M. Cohler, Basia Carolyn Miller and Harold Samuel Stone and published by Cambridge University Press. This book was released on with total page 550 pages. Available in PDF, EPUB and Kindle. Book excerpt:
