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Book Synopsis Moral Foundations of Constitutional Thought by : Graham Walker
Download or read book Moral Foundations of Constitutional Thought written by Graham Walker and published by Princeton University Press. This book was released on 2014-07-14 with total page 200 pages. Available in PDF, EPUB and Kindle. Book excerpt: Graham Walker boldly recasts the debate over issues like constitutional interpretation and judicial review, and challenges contemporary thinking not only about specifically constitutional questions but also about liberalism, law, justice, and rights. Walker targets the "skeptical" moral nihilism of leading American judges and writers, on both the political left and right, charging that their premises undermine the authority of the Constitution, empty its moral words of any determinate meaning, and make nonsense of ostensibly normative theories. But he is even more worried about those who desire to conduct constitutional government by direct recourse to an authoritative moral truth. Augustine's political ethics, Walker argues, offers a solution--a way to embrace substantive goodness while relativizing its embodiment in politics and law. Walker sees in Augustinian theory an understanding of the rule of law that prevents us from mistaking law for moral truth. Pointing out how the tensions in that theory resonate with the normative ambivalence of America's liberal constitutionalism, he shows that Augustine can provide successful but decidedly nonliberal grounds for the artifices and compromises characteristic of law in a liberal state. Originally published in 1990. The Princeton Legacy Library uses the latest print-on-demand technology to again make available previously out-of-print books from the distinguished backlist of Princeton University Press. These editions preserve the original texts of these important books while presenting them in durable paperback and hardcover editions. The goal of the Princeton Legacy Library is to vastly increase access to the rich scholarly heritage found in the thousands of books published by Princeton University Press since its founding in 1905.
Book Synopsis The Moral Foundations of United States Constitutional Democracy by : James H. Rutherford
Download or read book The Moral Foundations of United States Constitutional Democracy written by James H. Rutherford and published by . This book was released on 1992 with total page 68 pages. Available in PDF, EPUB and Kindle. Book excerpt: "An analytical and historical inquiry into the primary, moral concept of equality"--Cover.
Book Synopsis God and Man in the Law by : Robert Lowry Clinton
Download or read book God and Man in the Law written by Robert Lowry Clinton and published by . This book was released on 1997 with total page 320 pages. Available in PDF, EPUB and Kindle. Book excerpt: In a wide-ranging study based on legal history, political theory, and philosophical ideas going all the way back to Plato and Roman law, Robert Clinton challenges current faith in an activist judiciary. Claiming that a human-centered Constitution leads to government by reductive moral theory and illegitimate judicial review, he advocates a return to traditional jurisprudence and a God-centered Constitution grounded in English common law and its precedents.
Book Synopsis Uncovering the Constitution's Moral Design by : Paul R. DeHart
Download or read book Uncovering the Constitution's Moral Design written by Paul R. DeHart and published by University of Missouri Press. This book was released on 2007 with total page 311 pages. Available in PDF, EPUB and Kindle. Book excerpt: The U.S. Constitution provides a framework for our laws, but what does it have to say about morality? Paul DeHart ferrets out that document's implicit moral assumptions as he revisits the notion that constitutions are more than merely practical institutional arrangements. In Uncovering the Constitution's Moral Design, he seeks to reveal, elaborate, and then evaluate the Constitution's normative framework to determine whether it is philosophically sound-and whether it makes moral assumptions that correspond to reality. Rejecting the standard approach of the intellectual historian, DeHart for the first time in constitutional theory applies the method of inference to the best explanation to ascertaining our Constitution's moral meaning. He distinguishes the Constitution's intention from the subjective intentions of the framers, teasing out presuppositions that the document makes about the nature of sovereignty, the common good, natural law, and natural rights. He then argues that the Constitution constrains popular sovereignty in a way that entails a real common good, transcendent of human willing and promotive of human well-being, but he points out that while the Constitution presupposes a real common good, it also implies a natural law that prescribes the common good. In critiquing previous attempts at describing and evaluating the Constitution's normative framework, DeHart demonstrates that the Constitution's moral framework corresponds largely to classical moral theory. He challenges the logical coherency of modern moral philosophy, normative positivism, and other theories that the Constitution has been argued to embody and offers a groundbreaking methodology that can be applied to uncovering the normative framework of other constitutions as well. This cogently argued study shows that the Constitution presupposes a natural law to which human law must conform, and it takes a major step in resolving current debates over the Constitution's normative framework while remaining detached from the social issues that divide today's political arena. Uncovering the Constitution's Moral Design is an original approach to the Constitution that marks a significant contribution to understanding the moral underpinnings of our form of government.
Book Synopsis Constitutional Interpretation by : Keith E. Whittington
Download or read book Constitutional Interpretation written by Keith E. Whittington and published by . This book was released on 1999 with total page 328 pages. Available in PDF, EPUB and Kindle. Book excerpt: With its detailed and wide-ranging explorations in history, philosophy, and law, this book is essential reading for anyone interested in how the Constitution ought to be interpreted and what it means to live under a constitutional government."--BOOK JACKET.
Book Synopsis A Student's Guide to American Political Thought by : George W. Carey
Download or read book A Student's Guide to American Political Thought written by George W. Carey and published by Open Road Media. This book was released on 2014-07-29 with total page 105 pages. Available in PDF, EPUB and Kindle. Book excerpt: A concise overview of the competing political philosophies that have shaped United States history. Who are the most influential thinkers, and which are the most important concepts, events, and documents in the study of the American political tradition? How ought we regard the beliefs and motivations of the founders, the debate over the ratification of the Constitution, the historical circumstances of the Declaration of Independence, the rise of the modern presidency, and the advent of judicial supremacy? These are a few of the fascinating questions canvassed by George W. Carey in A Student’s Guide to American Political Thought. Carey’s primer instructs students on the fundamental matters of American political theory while telling them where to turn to obtain a better grasp on the ideas that have shaped the American political heritage.
Book Synopsis Augustine and Modern Law by : RichardO. Brooks
Download or read book Augustine and Modern Law written by RichardO. Brooks and published by Routledge. This book was released on 2017-07-05 with total page 775 pages. Available in PDF, EPUB and Kindle. Book excerpt: St. Augustine and Roman law are the two bridges from Athens and Jerusalem to the world of modern law. Augustine's almost eerily modern political realism was based upon his deep appreciation of human evil, arising from his insights into the human personality, the product of his reflections on his own life and the history of his times. These insights have traveled well through the ages and are mirrored in the pages of Aquinas, Luther and Calvin, Reinhold Niebuhr, and Hannah Arendt. The articles in this volume describe the life and world of Augustine and the ways in which he conceived both justice and law. They also discuss the little recognized Augustinian contributions to the field of modern hermeneutics - the discipline which informs the art of legal interpretation. Finally, they include Augustine's valuable discussion of church/state relations, the law of just wars, and proper role and limits of coercion, and the procreative dimensions of marriage. The volume also includes an extremely useful, definitive bibliography of Augustine and the law, and will leave readers with an increased appreciation of the contributions which Augustine has made to the history of jurisprudence. No one can read Augustine and these articles on his view of the law without taking away a new view of the law itself.
Book Synopsis Public Service, Ethics, and Constitutional Practice by : John Anthony Rohr
Download or read book Public Service, Ethics, and Constitutional Practice written by John Anthony Rohr and published by . This book was released on 1998 with total page 200 pages. Available in PDF, EPUB and Kindle. Book excerpt: For civil servants who take an oath to uphold the Constitution, that document is the supreme symbol of political morality. Constitutional issues are addressed by civil servants every day, whenever a policeman arrests a suspect or members of different branches of government meet. But how well do these individuals really understand the Constitution's application in their jobs? This book encourages civil servants to reflect on specific constitutional principles and events and learn to apply them to the decisions they make. Twenty seminal articles by a preeminent scholar seek to legitimate public service by grounding its ethics in constitutional practice. John Rohr stresses that ethical practice demands an immersion in the specifics of our constitutional tradition, and he offers a guide to attaining a greater sense of those constitutional principles that can be translated into action. Along the way he considers such timely issues as financial disclosure, the treatment of civil servants as second-class citizens, and instances of civil servants caught between executive and legislative forces. Rohr's opening essays demonstrate that responsible use of administrative discretion is the key issue for career civil servants. Subsequent sections examine approaches to training civil servants using constitutional principles; character formation resulting from study of the constitutional tradition; and the ethical choices that are sometimes posed by separation of powers. A final group of chapters shows how a study of other countries' constitutional traditions can deepen an understanding of our own, while a closing essay looks at past issues and future prospects in administrative ethics from the perspective of Rohr's long involvement in the field. Throughout this insightful collection, Rohr seeks to remind public servants of the nobility of their calling, reinforce their role in articulating public interests against the excesses of private concerns, and encourage managers to make greater use of constitutional language to describe their everyday activities. Although his work focuses on the federal career civil servant, it also offers valuable lessons applicable to state and local civil servants, elected officials, judges, military personnel, and those employed in the nonprofit sector.
Book Synopsis The Constitution and the Pride of Reason by : Steven D. Smith
Download or read book The Constitution and the Pride of Reason written by Steven D. Smith and published by Oxford University Press. This book was released on 1998-01-01 with total page 220 pages. Available in PDF, EPUB and Kindle. Book excerpt: Attempting to realize Plato's vision of a republic governed by "reason," American constitutionalists, according to Steven D. Smith's bold new critical study, have instead reenacted the Tower of Babel myth, producing a constitutional discourse marked by rampant confusion, elaborate sophistry, and thinly veiled authoritarian bullying. How is it that the pursuit of such lofty aims by yesterday's framers and today's scholars has left us mired in a constitutional morass? This timely book ponders that question with the intellectual vigor it deserves. Observing that standard accounts of constitutional law--both the "conservative" and "liberal" varieties--have lost their power to illuminate, The Constitution and the Pride of Reason explores how constitutional law hangs together (and how it falls apart) by investigating the perennial claim that the Constitution and its interpretation somehow embody a commitment to governance by "reason." What does this claim mean, and is it valid? In confronting these queries, Smith offers revealing and iconoclastic assessments of constitutionalists ranging from Madison and Jefferson to Dworkin and Bork. Also detailed in these pages is a provocative overview of the whole constitutional project, from its noble aspirations to its tragic failures. A truly visionary work that investigates the scholarship, the design, and the history of the quintessential American legal document, this volume also sensibly reflects on the meaning and possibility of the ethical commitment to the "life of reason." It will appeal not only to students of constitutional law but also to those interested in political science, philosophy, and American history.
Book Synopsis Old Rights and New by : Robert A. Licht
Download or read book Old Rights and New written by Robert A. Licht and published by American Enterprise Institute. This book was released on 1993 with total page 244 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book is part of AEI's series, The Rights Explosion, devoted to assessing the founders' views of constitutional rights and their modern transformation.
Book Synopsis Confucian Constitutionalism in East Asia by : Bui Ngoc Son
Download or read book Confucian Constitutionalism in East Asia written by Bui Ngoc Son and published by Routledge. This book was released on 2016-02-12 with total page 234 pages. Available in PDF, EPUB and Kindle. Book excerpt: Western liberal constitutionalism has expanded recently, with, in East Asia, the constitutional systems of Japan, South Korea and Taiwan based on Western principles, and with even the socialist polities of China and Vietnam having some regard to such principles. Despite the alleged universal applicability of Western constitutionalism, however, the success of any constitutional system depends in part on the cultural values, customs and traditions of the country into which the constitutional system is planted. This book explains how the values, customs and traditions of East Asian countries are Confucian, and discusses how this is relevant to constitutional practice in the region. The book outlines how constitutionalism has developed in East Asia over a long period, considers different scholarly work on the ease or difficulty of integrating Western constitutionalism into countries with a Confucian outlook, and examines the prospects for such integration going forward. Throughout, the book covers detailed aspects of Confucianism and the workings of constitutions in practice.
Book Synopsis Prospects for a Common Morality by : Gene Outka
Download or read book Prospects for a Common Morality written by Gene Outka and published by Princeton University Press. This book was released on 1992-11-17 with total page 311 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume centers on debates about how far moral judgments bind across traditions and epochs. Nowadays such debates appear especially volatile, both in popular culture and intellectual discourse: although there is increasing agreement that the moral and political criteria invoked in human rights documents possess cross-cultural force, many modern and postmodern developments erode confidence in moral appeals that go beyond a local consensus or apply outside a particular community. Often the point of departure for discussion is the Enlightenment paradigm of a common morality, in which it is assumed that certain unchanging beliefs inhere in the structure of human reason. Whereas some thinkers continue to defend this paradigm, others modify it in diverse ways without abandoning entirely the attempt to address a universal audience, and still others jettison virtually all of its distinguishing features. Exhibiting a range of positions Western participants take in these debates, this volume seeks to advance the substance of the debates themselves without prejudging the outcome. Rival assessments of the Enlightenment paradigm are offered from various philosophical and theological points of view. In addition to the editors, the contributors include Robert Merrihew Adams, Annette C. Baier, Alan Donagan, Margaret A. Farley, Alan Gewirth, David Little, Richard Rorty, Jeffrey Stout, and Lee H. Yearley.
Book Synopsis Moral Foundations of Canadian Federalism by : Samuel V. Laselva
Download or read book Moral Foundations of Canadian Federalism written by Samuel V. Laselva and published by McGill-Queen's Press - MQUP. This book was released on 1996-03-28 with total page 281 pages. Available in PDF, EPUB and Kindle. Book excerpt: LaSelva argues that Canadian federalism is founded on a vision of a nation in which multiple identities and multiple loyalties can flourish within a framework of common political nationality. He contends that this dualistic belief affects not only our understanding of Canadian identity but also a host of fundamental concepts, including fraternity, justice, democracy, and federalism itself. LaSelva offers a compelling reconsideration of Confederation and of the pivotal role of George Étienne-Cartier, one of the fathers of Confederation, in both the achievement of confederation and the creation of a distinctively Canadian federalist theory. Given the current debates about Quebec sovereignty and Native self-government, the future of the Canadian federation is uncertain. The Moral Foundations of Canadian Federalism provides a timely and novel perspective in support of Canadian federalism.
Book Synopsis Justificatory Liberalism by : Gerald F. Gaus
Download or read book Justificatory Liberalism written by Gerald F. Gaus and published by Oxford University Press. This book was released on 1996-03-14 with total page 391 pages. Available in PDF, EPUB and Kindle. Book excerpt: Gerald Gaus draws on current work in epistemology and cognitive psychology to defend a modest version of cognitive relativism. Building on this theory of personal justification, he asks, "How do we justify moral and political principles to others?" Here, the "populist" proposal put forward by "political liberals"--that the assent of all reasonable citizens must be obtained--is considered and rejected. Because reasonable people often ignore excellent reasons, moral and political principles can be considered conclusively justified, even in the face of some reasonable dissent. Conclusive justification, however, is difficult to achieve, and Gaus acknowledges that most of our public justifications are inconclusive. He then addresses the question of how citizens can adjudicate their inconclusive public justifications. The rule of law, liberal democracy and limited judicial review are defended as elements of a publicly justified umpiring procedure.
Book Synopsis Civil Servants and Their Constitutions by : John Anthony Rohr
Download or read book Civil Servants and Their Constitutions written by John Anthony Rohr and published by Studies in Government & Public. This book was released on 2002 with total page 236 pages. Available in PDF, EPUB and Kindle. Book excerpt: Public administration as an American profession originated in the early twentieth century with urban reformers advocating the application of scientific and business practices to rehabilitate corrupt city governments. That approach transformed governance in the United States but also guaranteed recurrent debate over the proper role of public administrators, who must balance the often contradictory demands of efficiency and politically defined notions of the public good. Currently the business approach holds sway. Legitimated by Al Gore's National Performance Review, the New Public Management movement promotes entrepreneurs over civil servants, performance over process, decentralization over centralization, and flexibility over rules. John Rohr demurs, arguing that the movement goes too far in downplaying the distinctively American challenges arising from the separated powers principle. Consequently, the NPM alienates public management from its natural home—a nation-state established within a constitutional order. According to Rohr, "nothing is more fundamental to governance than a constitution; and therefore to stress the constitutional character of administration is to establish the proper role of administration as governance that includes management but transcends it as well." This is not a novel argument for Rohr, who was recognized in 1999 by the Louis Brownlow Committee of the National Academy of Public Administration for his lifetime contributions on the "constitutional underpinnings" of public administration. But this new version of his rule-of-law critique directly addresses the NPM's excesses, framed convincingly as a comparative study of cases found in four countries spanning three centuries. As a result, Rohr establishes that the constitutional-administrative nexus is intimate, stable, pervasive, and enduring. The first half of the book examines the linkages between constitutions and administrations in France, the United Kingdom, and Canada, all of them sufficiently similar to the United States to make comparisons meaningful and sufficiently different to provide illuminating perspectives on domestic practices. The examples extend from the French Revolution through the founding of the Canadian Confederation in the 1860s to such contemporary issues as the influence of administrative directives from Brussels on the British courts. The second half of the book examines American cases in three categories: separation of powers, individual rights, and federalism. In each case Rohr highlights instances of public management "with all its warts and wrinkles tending to the mundane details of translating great constitutional principles into everyday actions." American administrative law, Rohr concludes, has structured safeguards to protect the integrity of administrative decision-making while also holding it accountable. Constitutional law has helped establish civil servants' freedom of speech and applied the fundamental principles of federalism to the administrative process. He summarizes his findings from the case studies by saying that the constitutional role of American civil servants comes not only from specific American experiences but also from the very nature of civil service.
Book Synopsis A Theory of the Trial by : Robert P. Burns
Download or read book A Theory of the Trial written by Robert P. Burns and published by Princeton University Press. This book was released on 2001-10-08 with total page 258 pages. Available in PDF, EPUB and Kindle. Book excerpt: Anyone who has sat on a jury or followed a high-profile trial on television usually comes to the realization that a trial, particularly a criminal trial, is really a performance. Verdicts seem determined as much by which lawyer can best connect with the hearts and minds of the jurors as by what the evidence might suggest. In this celebration of the American trial as a great cultural achievement, Robert Burns, a trial lawyer and a trained philosopher, explores how these legal proceedings bring about justice. The trial, he reminds us, is not confined to the impartial application of legal rules to factual findings. Burns depicts the trial as an institution employing its own language and styles of performance that elevate the understanding of decision-makers, bringing them in contact with moral sources beyond the limits of law. Burns explores the rich narrative structure of the trial, beginning with the lawyers' opening statements, which establish opposing moral frameworks in which to interpret the evidence. In the succession of witnesses, stories compete and are held in tension. At some point during the performance, a sense of the right thing to do arises among the jurors. How this happens is at the core of Burns's investigation, which draws on careful descriptions of what trial lawyers do, the rules governing their actions, interpretations of actual trial material, social science findings, and a broad philosophical and political appreciation of the trial as a unique vehicle of American self-government.
Book Synopsis Schelling versus Hegel by : Mr John Laughland
Download or read book Schelling versus Hegel written by Mr John Laughland and published by Ashgate Publishing, Ltd.. This book was released on 2012-10-01 with total page 166 pages. Available in PDF, EPUB and Kindle. Book excerpt: In tracing Friedrich von Schelling's long philosophical development, John Laughland examines in particular his disentanglement from German idealism and his reaction, later in life, against Hegel. He argues that this story has relevance beyond the facts themselves and that it explains much about the direction philosophy took in the century between the French Revolution and the rise of Communism. Schelling's development turned principally on the related questions of human liberty and the creation. Following a sharp disagreement with his old friend Hegel over the Phenomenology in 1807, Schelling wrote a short but brilliant essay on human freedom in 1809, after which he never published another word. In the remaining decades of his life (d. 1854) Schelling developed in an increasingly conservative and Christian direction, preoccupied with the relationship between Christianity and metaphysics. In numerous lectures and unpublished works, he attacked what he saw as the hubris and artificiality of Hegelian rationalism. However the path against which Schelling warned was the one which philosophy finally took. Schelling was determined to show how philosophy (especially ontology) explained and was explained by Christianity, and that both had been damaged by modern rationalism. But Hegel’s Marxist epigones who attended his later lectures scoffed and Hegelianism triumphed. This is an elegantly written and engaging study in the history of ideas of a philosopher on the losing side.
