Originalism in Theology and Law

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Publisher : Lexington Books
ISBN 13 : 1666932132
Total Pages : 241 pages
Book Rating : 4.6/5 (669 download)

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Book Synopsis Originalism in Theology and Law by : Mark J. Boone

Download or read book Originalism in Theology and Law written by Mark J. Boone and published by Lexington Books. This book was released on 2024-01-26 with total page 241 pages. Available in PDF, EPUB and Kindle. Book excerpt: According to originalism, the meaning of a text is determined at the time of its writing. Originalism in Theology and Law explores the similarities and differences between the theological application of this idea to the Bible and its legal application to the American Constitution.

Originalism's Promise

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Publisher : Cambridge University Press
ISBN 13 : 1108475639
Total Pages : 329 pages
Book Rating : 4.1/5 (84 download)

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Book Synopsis Originalism's Promise by : Lee J. Strang

Download or read book Originalism's Promise written by Lee J. Strang and published by Cambridge University Press. This book was released on 2019-08-08 with total page 329 pages. Available in PDF, EPUB and Kindle. Book excerpt: Provides the first natural law justification for an originalist interpretation of the American Constitution.

The Failed Promise of Originalism

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Publisher : Stanford University Press
ISBN 13 : 0804784698
Total Pages : 237 pages
Book Rating : 4.8/5 (47 download)

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Book Synopsis The Failed Promise of Originalism by : Frank Cross

Download or read book The Failed Promise of Originalism written by Frank Cross and published by Stanford University Press. This book was released on 2013-01-09 with total page 237 pages. Available in PDF, EPUB and Kindle. Book excerpt: Originalism is an enormously popular—and equally criticized—theory of constitutional interpretation. As Elena Kagan stated at her confirmation hearing, "We are all originalists." Scores of articles have been written on whether the Court should use originalism, and some have examined how the Court employed originalism in particular cases, but no one has studied the overall practice of originalism. The primary point of this book is an examination of the degree to which originalism influences the Court's decisions. Frank B. Cross tests this by examining whether originalism appears to constrain the ideological preferences of the justices, which are a demonstrable predictor of their decisions. Ultimately, he finds that however theoretically appealing originalism may seem, the changed circumstances over time and lack of reliable evidence means that its use is indeterminate and meaningless. Originalism can be selectively deployed or manipulated to support and legitimize any decision desired by a justice.

Common Law and Natural Law in America

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Publisher : Cambridge University Press
ISBN 13 : 110847697X
Total Pages : 173 pages
Book Rating : 4.1/5 (84 download)

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Book Synopsis Common Law and Natural Law in America by : Andrew Forsyth

Download or read book Common Law and Natural Law in America written by Andrew Forsyth and published by Cambridge University Press. This book was released on 2019-04-11 with total page 173 pages. Available in PDF, EPUB and Kindle. Book excerpt: Presents an ambitious narrative and fresh re-assessment of common law and natural law's varied interactions in America, 1630 to 1930.

Fundamentalism in American Religion and Law

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Publisher : Cambridge University Press
ISBN 13 : 1139484133
Total Pages : pages
Book Rating : 4.1/5 (394 download)

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Book Synopsis Fundamentalism in American Religion and Law by : David A. J. Richards

Download or read book Fundamentalism in American Religion and Law written by David A. J. Richards and published by Cambridge University Press. This book was released on 2010-03-15 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: Why, from Reagan to George Bush, have fundamentalists in religion and in law (originalists) exercised such political power and influence in the United States? Why has the Republican Party forged an ideology of judicial appointments (originalism) hostile to abortion and gay rights? Why and how did Barack Obama distinguish himself among Democratic candidates not only by his opposition to the Iraq war but by his opposition to originalism? This book argues that fundamentalism in both religion and law threatens democratic values and draws its appeal from a patriarchal psychology still alive in our personal and political lives and at threat from the constitutional developments since the 1960s. The argument analyzes this psychology (based on traumatic loss in intimate life) and resistance to it (based on the love of equals). Obama's resistance to originalism arises from his developmental history as a democratic, as opposed to patriarchal, man who resists the patriarchal demands on men and women that originalism enforces - in particular, the patriarchal love laws that tell people who and how and how much they may love.

The American Constitution and the Debate Over Originalism

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Publisher : Cambridge University Press
ISBN 13 : 0521845580
Total Pages : 319 pages
Book Rating : 4.5/5 (218 download)

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Book Synopsis The American Constitution and the Debate Over Originalism by : Dennis J. Goldford

Download or read book The American Constitution and the Debate Over Originalism written by Dennis J. Goldford and published by Cambridge University Press. This book was released on 2005-04-25 with total page 319 pages. Available in PDF, EPUB and Kindle. Book excerpt: This is a work of constitutional theory that explores the nature of American constitutional interpretation through a reconsideration of the long-standing debate between the interpretive theories of originalism and nonoriginalism. The book presents the novel argument that a critique of the underlying premises of originalism dissolves not just originalism but nonoriginalism as well, which leads to the recognition that constitutional interpretation is already and always structured. By their fidelity to the Constitution, Americans are a textual people in that they live in and through the terms of a fundamental text. On the basis of this central idea, the book presents a new understanding of constitutional interpretation and an innovative account of the democratic legitimacy and binding capacity of the Constitution.

Church, State, and Original Intent

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Publisher : Cambridge University Press
ISBN 13 : 0521119189
Total Pages : 383 pages
Book Rating : 4.5/5 (211 download)

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Book Synopsis Church, State, and Original Intent by : Donald L. Drakeman

Download or read book Church, State, and Original Intent written by Donald L. Drakeman and published by Cambridge University Press. This book was released on 2010 with total page 383 pages. Available in PDF, EPUB and Kindle. Book excerpt: This provocative book shows how the justices of the United States Supreme Court have used constitutional history, portraying the Framers' actions in a light favoring their own views about how church and state should be separated. Drakeman examines church-state constitutional controversies from the Founding Era to the present, arguing that the Framers originally intended the establishment clause only as a prohibition against a single national church.

When God Spoke Greek

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Publisher : Oxford University Press, USA
ISBN 13 : 0199781729
Total Pages : 229 pages
Book Rating : 4.1/5 (997 download)

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Book Synopsis When God Spoke Greek by : Timothy Michael Law

Download or read book When God Spoke Greek written by Timothy Michael Law and published by Oxford University Press, USA. This book was released on 2013-08-15 with total page 229 pages. Available in PDF, EPUB and Kindle. Book excerpt: Most readers do not know about the Bible used almost universally by early Christians, or about how that Bible was birthed, how it grew to prominence, and how it differs from the one used as the basis for most modern translations. Although it was one of the most important events in the history of our civilization, the translation of the Hebrew Scriptures into Greek in the third century BCE is an event almost unknown outside of academia. Timothy Michael Law offers the first book to make this topic accessible to a wider audience. Retrospectively, we can hardly imagine the history of Christian thought, and the history of Christianity itself, without the Old Testament. When the Emperor Constantine adopted the Christian faith, his fusion of the Church and the State ensured that the Christian worldview (which by this time had absorbed Jewish ideals that had come to them through the Greek translation) would leave an imprint on subsequent history. This book narrates in a fresh and exciting way the story of the Septuagint, the Greek Scriptures of the ancient Jewish Diaspora that became the first Christian Old Testament.

Constitutional Faith

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Publisher : Princeton University Press
ISBN 13 : 0691152403
Total Pages : 276 pages
Book Rating : 4.6/5 (911 download)

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Book Synopsis Constitutional Faith by : Sanford Levinson

Download or read book Constitutional Faith written by Sanford Levinson and published by Princeton University Press. This book was released on 2011-09-11 with total page 276 pages. Available in PDF, EPUB and Kindle. Book excerpt: "The book is intended to make clearer the ambiguities of "constitutional faith," i.e. wholehearted attachment to the Constitution as the center of one's (and ultimately the nation's) political life."--The introduction.

Living Originalism

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Publisher : Harvard University Press
ISBN 13 : 0674063031
Total Pages : 481 pages
Book Rating : 4.6/5 (74 download)

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Book Synopsis Living Originalism by : Jack M. Balkin

Download or read book Living Originalism written by Jack M. Balkin and published by Harvard University Press. This book was released on 2011-11-29 with total page 481 pages. Available in PDF, EPUB and Kindle. Book excerpt: Originalism and living constitutionalism, so often understood to be diametrically opposing views of our nation’s founding document, are not in conflict—they are compatible. So argues Jack Balkin, one of the leading constitutional scholars of our time, in this long-awaited book. Step by step, Balkin gracefully outlines a constitutional theory that demonstrates why modern conceptions of civil rights and civil liberties, and the modern state’s protection of national security, health, safety, and the environment, are fully consistent with the Constitution’s original meaning. And he shows how both liberals and conservatives, working through political parties and social movements, play important roles in the ongoing project of constitutional construction. By making firm rules but also deliberately incorporating flexible standards and abstract principles, the Constitution’s authors constructed a framework for politics on which later generations could build. Americans have taken up this task, producing institutions and doctrines that flesh out the Constitution’s text and principles. Balkin’s analysis offers a way past the angry polemics of our era, a deepened understanding of the Constitution that is at once originalist and living constitutionalist, and a vision that allows all Americans to reclaim the Constitution as their own.

Our Dear-Bought Liberty

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Publisher : Harvard University Press
ISBN 13 : 067424723X
Total Pages : 369 pages
Book Rating : 4.6/5 (742 download)

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Book Synopsis Our Dear-Bought Liberty by : Michael D. Breidenbach

Download or read book Our Dear-Bought Liberty written by Michael D. Breidenbach and published by Harvard University Press. This book was released on 2021-05-25 with total page 369 pages. Available in PDF, EPUB and Kindle. Book excerpt: How early American Catholics justified secularism and overcame suspicions of disloyalty, transforming ideas of religious liberty in the process. In colonial America, Catholics were presumed dangerous until proven loyal. Yet Catholics went on to sign the Declaration of Independence and helped to finalize the First Amendment to the Constitution. What explains this remarkable transformation? Michael Breidenbach shows how Catholic leaders emphasized their churchÕs own traditionsÑrather than Enlightenment liberalismÑto secure the religious liberty that enabled their incorporation in American life. Catholics responded to charges of disloyalty by denying papal infallibility and the popeÕs authority to intervene in civil affairs. Rome staunchly rejected such dissent, but reform-minded Catholics justified their stance by looking to conciliarism, an intellectual tradition rooted in medieval Catholic thought yet compatible with a republican view of temporal independence and church-state separation. Drawing on new archival material, Breidenbach finds that early American Catholic leaders, including Maryland founder Cecil Calvert and members of the prominent Carroll family, relied on the conciliarist tradition to help institute religious toleration, including the Maryland Toleration Act of 1649. The critical role of Catholics in establishing American churchÐstate separation enjoins us to revise not only our sense of who the American founders were, but also our understanding of the sources of secularism. ChurchÐstate separation in America, generally understood as the product of a Protestant-driven Enlightenment, was in key respects derived from Catholic thinking. Our Dear-Bought Liberty therefore offers a dramatic departure from received wisdom, suggesting that religious liberty in America was not bestowed by liberal consensus but partly defined through the ingenuity of a persecuted minority.

Christianity for Skeptics

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Publisher :
ISBN 13 : 9781921643491
Total Pages : 0 pages
Book Rating : 4.6/5 (434 download)

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Book Synopsis Christianity for Skeptics by : Steve Kumar

Download or read book Christianity for Skeptics written by Steve Kumar and published by . This book was released on 2012 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: "An easy-to-read no-nonsense examination of the evidence for Christian belief"--Cover.

Refuting Compromise

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Publisher :
ISBN 13 : 9780890514115
Total Pages : 0 pages
Book Rating : 4.5/5 (141 download)

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Book Synopsis Refuting Compromise by : Jonathan D. Sarfati

Download or read book Refuting Compromise written by Jonathan D. Sarfati and published by . This book was released on 2004 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Many otherwise sound evangelical leaders, thinking that hte only misleading doctrine is "Darwinism," are being seduced by the promise of "progressive creationism." Its most prominent voice, astronomer Dr. Hugh Ross, has convinced many that here is a biblically sound way to accommodate the "facts of science." With brilliant clarity, Jonathan Sarfati, author of the best-selling Refuting Evolution (1 & 2) has produced a comprehensive and biblically-based refutation of progressive creationism. He addresses such issues as: death, bloodshed, and disease existed before Adam and Eve. True? ; Noah's flood was only a local event. Really? ; Man-like creatures existed before Adam and Eve, but had no spirit, and thus no salvation. Evidence? ; Six days or six ages? What does the biblical text actually say? -back cover.

Scalia Speaks

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Publisher : Forum Books
ISBN 13 : 0525573321
Total Pages : 434 pages
Book Rating : 4.5/5 (255 download)

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Book Synopsis Scalia Speaks by : Antonin Scalia

Download or read book Scalia Speaks written by Antonin Scalia and published by Forum Books. This book was released on 2017-10-03 with total page 434 pages. Available in PDF, EPUB and Kindle. Book excerpt: This definitive collection of beloved Supreme Court Justice Antonin Scalia's finest speeches covers topics as varied as the law, faith, virtue, pastimes, and his heroes and friends. Featuring a foreword by longtime friend Justice Ruth Bader Ginsburg and an intimate introduction by his youngest son, this volume includes dozens of speeches, some deeply personal, that have never before been published. Christopher J. Scalia and the Justice's former law clerk Edward Whelan selected the speeches. Americans have long been inspired by Justice Scalia’s ideas, delighted by his wit, and instructed by his intelligence. He was a sought-after speaker at commencements, convocations, and events across the country. Scalia Speaks will give readers the opportunity to encounter the legendary man more fully, helping them better understand the jurisprudence that made him one of the most important justices in the Court's history and introducing them to his broader insights on faith and life.

A Debt Against the Living

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Publisher : Cambridge University Press
ISBN 13 : 1108419801
Total Pages : 173 pages
Book Rating : 4.1/5 (84 download)

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Book Synopsis A Debt Against the Living by : Ilan Wurman

Download or read book A Debt Against the Living written by Ilan Wurman and published by Cambridge University Press. This book was released on 2017-07-31 with total page 173 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book is an introduction to and defense of originalism and the Founding intended for a more general audience. No similar book exists. It is aimed at law students, advanced college students, policymakers, and the politically interested reader seeking a general introduction to originalism and its implications for today.

Constitutional Redemption

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Publisher : Harvard University Press
ISBN 13 : 0674058747
Total Pages : 305 pages
Book Rating : 4.6/5 (74 download)

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Book Synopsis Constitutional Redemption by : J. M. Balkin

Download or read book Constitutional Redemption written by J. M. Balkin and published by Harvard University Press. This book was released on 2011-05-09 with total page 305 pages. Available in PDF, EPUB and Kindle. Book excerpt: Political constitutions are compromises with injustice. What makes the U.S. Constitution legitimate is Americans’ faith that the constitutional system can be made “a more perfect union.” Balkin argues that the American constitutional project is based in hope and a narrative of shared redemption, and its destiny is still over the horizon.

The Possibility of Norms

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Publisher :
ISBN 13 : 0198827393
Total Pages : 337 pages
Book Rating : 4.1/5 (988 download)

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Book Synopsis The Possibility of Norms by : Christoph Möllers

Download or read book The Possibility of Norms written by Christoph Möllers and published by . This book was released on 2020 with total page 337 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Possibility of Norms examines what defines social norms. Norms are not mere justifications or causal explanations of what we do, but point towards the possibility of divergent states of the world. Möllers's eye-opening analysis develops a new conceptual framework for social norms, from law and religion to the social and political sphere.