On Ordered Liberty

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Ordered Liberty

Author : James E. Fleming
Publisher : Harvard University Press
ISBN 13 : 0674070747
Total Pages : 482 pages
Book Rating : 4.6/5 (74 download)

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Book Synopsis Ordered Liberty by : James E. Fleming

Download or read book Ordered Liberty written by James E. Fleming and published by Harvard University Press. This book was released on 2013-01-01 with total page 482 pages. Available in PDF, EPUB and Kindle. Book excerpt: Many have argued in recent years that the U.S. constitutional system exalts individual rights over responsibilities, virtues, and the common good. Answering the charges against liberal theories of rights, James Fleming and Linda McClain develop and defend a civic liberalism that takes responsibilities and virtues—as well as rights—seriously. They provide an account of ordered liberty that protects basic liberties stringently, but not absolutely, and permits government to encourage responsibility and inculcate civic virtues without sacrificing personal autonomy to collective determination. The battle over same-sex marriage is one of many current controversies the authors use to defend their understanding of the relationship among rights, responsibilities, and virtues. Against accusations that same-sex marriage severs the rights of marriage from responsible sexuality, procreation, and parenthood, they argue that same-sex couples seek the same rights, responsibilities, and goods of civil marriage that opposite-sex couples pursue. Securing their right to marry respects individual autonomy while also promoting moral goods and virtues. Other issues to which they apply their idea of civic liberalism include reproductive freedom, the proper roles and regulation of civil society and the family, the education of children, and clashes between First Amendment freedoms (of association and religion) and antidiscrimination law. Articulating common ground between liberalism and its critics, Fleming and McClain develop an account of responsibilities and virtues that appreciates the value of diversity in our morally pluralistic constitutional democracy.

Liberty, Order, and Justice

Author : James McClellan
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.

Just War and Ordered Liberty

Author : Paul D. Miller
Publisher : Cambridge University Press
ISBN 13 : 1108892418
Total Pages : 277 pages
Book Rating : 4.1/5 (88 download)

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Book Synopsis Just War and Ordered Liberty by : Paul D. Miller

Download or read book Just War and Ordered Liberty written by Paul D. Miller and published by Cambridge University Press. This book was released on 2021-01-07 with total page 277 pages. Available in PDF, EPUB and Kindle. Book excerpt: When is war just? What does justice require? If we lack a commonly-accepted understanding of justice – and thus of just war – what answers can we find in the intellectual history of just war? Miller argues that just war thinking should be understood as unfolding in three traditions: the Augustinian, the Westphalian, and the Liberal, each resting on distinct understandings of natural law, justice, and sovereignty. The central ideas of the Augustinian tradition (sovereignty as responsibility for the common good) can and should be recovered and worked into the Liberal tradition, for which human rights serves the same function. In this reconstructed Augustinian Liberal vision, the violent disruption of ordered liberty is the injury in response to which force may be used and war may be justly waged. Justice requires the vindication and restoration of ordered liberty in, through, and after warfare.

Liberty and Order

Author : Lance Banning
Publisher :
ISBN 13 :
Total Pages : 400 pages
Book Rating : 4.F/5 ( download)

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Book Synopsis Liberty and Order by : Lance Banning

Download or read book Liberty and Order written by Lance Banning and published by . This book was released on 2004 with total page 400 pages. Available in PDF, EPUB and Kindle. Book excerpt: Liberty and Order is an ambitious anthology of primary source writings: letters, circulars, debate transcriptions, House proceedings, and newspaper articles that document the years during which America's founding generation divided over the sort of country the United States was to become. The founders' arguments over the proper construction of the new Constitution, the political economy, the appropriate level of popular participation in a republican polity, foreign policy, and much else, not only contributed crucially to the shaping of the nineteenth-century United States, but also have remained of enduring interest to all historians of republican liberty. This anthology makes it possible to understand the grounds and development of the great collision, which pitted John Adams, Alexander Hamilton, and others who called themselves Federalists or, sometimes, the friends of order, against the opposition party led by Thomas Jefferson, James Madison, and their followers, in what emerged as the Jeffersonian Republican Party. Editor Lance Banning provides the reader with original-source explanations of early anti-Federalist feeling and Federalist concerns, beginning with the seventh letter from the 'Federal Farmer', in which the deepest fears of many opponents of the Constitution were expressed. He then selects from the House proceedings concerning the Bill of Rights and makes his way toward the public debates concerning the massive revolutionary debt acquired by the United States. The reader is able to examine the American reaction to the French Revolution and to the War of 1812, and to explore the founders' disagreements over both domestic and foreign policy. The collection ends on a somewhat melancholy note with the correspondence of Jefferson and Adams, who were, to some extent, reconciled to each other at the end of their political careers. Brief, elucidatory headnotes place both the novice and the expert in the midst of the times. - Back cover.

Ordered Liberty

Author : James E. Fleming
Publisher : Harvard University Press
ISBN 13 : 0674067452
Total Pages : 384 pages
Book Rating : 4.6/5 (74 download)

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Book Synopsis Ordered Liberty by : James E. Fleming

Download or read book Ordered Liberty written by James E. Fleming and published by Harvard University Press. This book was released on 2013-01-01 with total page 384 pages. Available in PDF, EPUB and Kindle. Book excerpt: Fleming and McClain defend a civic liberalism that takes seriously not just rights but responsibilities and virtues. Issues taken up include same-sex marriage, reproductive freedom, regulation of civil society and the family, education of children, and clashes between First Amendment freedoms of association and religion and antidiscrimination law.

The Concept of Ordered Liberty and the Common-Law Due-Process Tradition

Author : Matthew W. Lunder
Publisher : Rowman & Littlefield
ISBN 13 : 1793626359
Total Pages : 285 pages
Book Rating : 4.7/5 (936 download)

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Book Synopsis The Concept of Ordered Liberty and the Common-Law Due-Process Tradition by : Matthew W. Lunder

Download or read book The Concept of Ordered Liberty and the Common-Law Due-Process Tradition written by Matthew W. Lunder and published by Rowman & Littlefield. This book was released on 2021-01-12 with total page 285 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Concept of Ordered Liberty is a story of due process from the common-law tradition. Told through Supreme Court cases against a backdrop of political theory, legal philosophy and history, it illuminates a mid-twentieth-century dialectic between theories—liberal and conservative—for resolving controversies about state interference with personal liberties. So pervasive was the partisanship flowing from a riven body politic that every institution comprising the fabric of American society, including the federal courts, was soaked in it. But the ideological contest is not the story’s primary concern. More pertinent to our dilemma today is what the clash of ideologies eclipsed: a venerable judicial practice deeply rooted in American history and tradition. The moral of the story is in this praxis at its center and its understanding of the limits of legislative and judicial power. The modern liberal and conservative approaches to fundamental rights fall short of the tradition, having strayed from the common-law concept of ordered liberty. Readers will find a suprapartisan perspective on the federal courts’ obligation to resolve disputes about our Nation’s most controversial issues, and a critical reflection on the modern Supreme Court’s role in its politics.

The Structure of Liberty : Justice and the Rule of Law

Author : Randy E. Barnett
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. -

Active Liberty

Author : Stephen Breyer
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.

The Unconstitutionality of Slavery

Author : Lysander Spooner
Publisher : ReadHowYouWant.com
ISBN 13 :
Total Pages : 168 pages
Book Rating : 4.A/5 ( download)

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Book Synopsis The Unconstitutionality of Slavery by : Lysander Spooner

Download or read book The Unconstitutionality of Slavery written by Lysander Spooner and published by ReadHowYouWant.com. This book was released on 1845 with total page 168 pages. Available in PDF, EPUB and Kindle. Book excerpt:

The Roots of American Order

Author : Russell Kirk
Publisher : Simon and Schuster
ISBN 13 : 1684516390
Total Pages : 561 pages
Book Rating : 4.6/5 (845 download)

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Book Synopsis The Roots of American Order by : Russell Kirk

Download or read book The Roots of American Order written by Russell Kirk and published by Simon and Schuster. This book was released on 2023-07-18 with total page 561 pages. Available in PDF, EPUB and Kindle. Book excerpt: What holds America together? In this classic work, Russell Kirk identifies the beliefs and institutions that have nurtured the American soul and commonwealth. Beginning with the Hebrew prophets, Kirk examines in dramatic fashion the sources of American order. His analytical narrative might be called a "tale of five cities": Jerusalem, Athens, Rome, London, and Philadelphia. For an understanding of the significance of America in the twenty-first century, Russell Kirk's masterpiece on the history of American civilization is unsurpassed.

Ordered Liberty

Author : Peter Galie
Publisher :
ISBN 13 : 9780823296347
Total Pages : 0 pages
Book Rating : 4.2/5 (963 download)

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Book Synopsis Ordered Liberty by : Peter Galie

Download or read book Ordered Liberty written by Peter Galie and published by . This book was released on 1995 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: The impending 1997 mandate to place before the voters the question on whether to convene a convention to revise and amend the New York Constitution becomes increasingly important and deserving of careful attention. Ordered Liberty provides a comprehensive chronicle of the constitutional history of New York state. There exists no single or multi-volumed work in print which examines this crucial history. This volume, bringing all previously published studies up to date, uses as its organizational frame the nine constitutional conventions in New York history and the constitutions each produced. Each convention is placed in its political, legal, and economic context- the work of the convention is examined, and the political theory reflected in each is explained. Finally, an assessment of each convention's accomplishments is presented. Subsequent sections of the volume examine appropriate methods to achieve that reform. An extensive bibliographical essay of primary and secondary sources on the state's constitutional history is provided.

On Ordered Liberty

Author : Samuel Gregg
Publisher : Lexington Books
ISBN 13 : 9780739106686
Total Pages : 148 pages
Book Rating : 4.1/5 (66 download)

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Book Synopsis On Ordered Liberty by : Samuel Gregg

Download or read book On Ordered Liberty written by Samuel Gregg and published by Lexington Books. This book was released on 2003 with total page 148 pages. Available in PDF, EPUB and Kindle. Book excerpt: On Ordered Liberty goes beyond the liberal and conservative divide, asking its readers to think about the proper ends of human choice and actions in a free society. Beginning with the insights of Alexis de Tocqueville and some natural law sources, author Samuel Gregg suggests that integral law must be distinguished from most contemporary visions of freedom. This requires, he believes, a complete repudiation of utilitarian ideas as incompatable with human nature and further analysis of the basic but often neglected-question: what is man?

On Civil Liberty and Self-government

Author : Francis Lieber
Publisher :
ISBN 13 :
Total Pages : 644 pages
Book Rating : 4.:/5 (334 download)

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Book Synopsis On Civil Liberty and Self-government by : Francis Lieber

Download or read book On Civil Liberty and Self-government written by Francis Lieber and published by . This book was released on 1859 with total page 644 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Engines of Liberty

Author : David Cole
Publisher : Basic Books
ISBN 13 : 0465098517
Total Pages : 320 pages
Book Rating : 4.4/5 (65 download)

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Book Synopsis Engines of Liberty by : David Cole

Download or read book Engines of Liberty written by David Cole and published by Basic Books. This book was released on 2016-03-29 with total page 320 pages. Available in PDF, EPUB and Kindle. Book excerpt: From the national legal director of the ACLU, an essential guidebook for anyone seeking to stand up for fundamental civil liberties and rights One of Washington Post's Notable Nonfiction Books of 2016 In an age of executive overreach, what role do American citizens have in safeguarding our Constitution and defending liberty? Must we rely on the federal courts, and the Supreme Court above all, to protect our rights? In Engines of Liberty, the esteemed legal scholar David Cole argues that we all have a part to play in the grand civic dramas of our era--and in a revised introduction and conclusion, he proposes specific tactics for fighting Donald Trump's policies. Examining the most successful rights movements of the last thirty years, Cole reveals how groups of ordinary Americans confronting long odds have managed, time and time again, to convince the courts to grant new rights and protect existing ones. Engines of Liberty is a fundamentally new explanation of how our Constitution works and the part citizens play in it.

The Freedom to Read

Author : American Library Association
Publisher :
ISBN 13 :
Total Pages : 16 pages
Book Rating : 4.:/5 (31 download)

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Book Synopsis The Freedom to Read by : American Library Association

Download or read book The Freedom to Read written by American Library Association and published by . This book was released on 1953 with total page 16 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Ordered Liberty

Author : Gerald L. Fetner
Publisher :
ISBN 13 :
Total Pages : 252 pages
Book Rating : 4.:/5 (38 download)

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Book Synopsis Ordered Liberty by : Gerald L. Fetner

Download or read book Ordered Liberty written by Gerald L. Fetner and published by . This book was released on 1983 with total page 252 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Constructing Basic Liberties

Author : James E. Fleming
Publisher : University of Chicago Press
ISBN 13 : 0226821412
Total Pages : 285 pages
Book Rating : 4.2/5 (268 download)

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Book Synopsis Constructing Basic Liberties by : James E. Fleming

Download or read book Constructing Basic Liberties written by James E. Fleming and published by University of Chicago Press. This book was released on 2022-08-30 with total page 285 pages. Available in PDF, EPUB and Kindle. Book excerpt: A strong and lively defense of substantive due process. From reproductive rights to marriage for same-sex couples, many of our basic liberties owe their protection to landmark Supreme Court decisions that have hinged on the doctrine of substantive due process. This doctrine is controversial—a battleground for opposing views around the relationship between law and morality in circumstances of moral pluralism—and is deeply vulnerable today. Against recurring charges that the practice of substantive due process is dangerously indeterminate and irredeemably undemocratic, Constructing Basic Liberties reveals the underlying coherence and structure of substantive due process and defends it as integral to our constitutional democracy. Reviewing the development of the doctrine over the last half-century, James E. Fleming rebuts popular arguments against substantive due process and shows that the Supreme Court has constructed basic liberties through common law constitutional interpretation: reasoning by analogy from one case to the next and making complex normative judgments about what basic liberties are significant for personal self-government. Elaborating key distinctions and tools for interpretation, Fleming makes a powerful case that substantive due process is a worthy practice that is based on the best understanding of our constitutional commitments to protecting ordered liberty and securing the status and benefits of equal citizenship for all.