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Author : Brian Tierney
Publisher :
ISBN 13 :
Total Pages : 114 pages
Book Rating : 4.:/5 (247 download)
Download or read book Religion, Law and the Growth of Constitutional Thought written by Brian Tierney and published by . This book was released on 1983 with total page 114 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author : Goodwin Liu
Publisher : Oxford University Press
ISBN 13 : 0199752834
Total Pages : 274 pages
Book Rating : 4.1/5 (997 download)
Download or read book Keeping Faith with the Constitution written by Goodwin Liu and published by Oxford University Press. This book was released on 2010-08-05 with total page 274 pages. Available in PDF, EPUB and Kindle. Book excerpt: Chief Justice John Marshall argued that a constitution "requires that only its great outlines should be marked [and] its important objects designated." Ours is "intended to endure for ages to come, and consequently, to be adapted to the various crises of human affairs." In recent years, Marshall's great truths have been challenged by proponents of originalism and strict construction. Such legal thinkers as Supreme Court Justice Antonin Scalia argue that the Constitution must be construed and applied as it was when the Framers wrote it. In Keeping Faith with the Constitution, three legal authorities make the case for Marshall's vision. They describe their approach as "constitutional fidelity"--not to how the Framers would have applied the Constitution, but to the text and principles of the Constitution itself. The original understanding of the text is one source of interpretation, but not the only one; to preserve the meaning and authority of the document, to keep it vital, applications of the Constitution must be shaped by precedent, historical experience, practical consequence, and societal change. The authors range across the history of constitutional interpretation to show how this approach has been the source of our greatest advances, from Brown v. Board of Education to the New Deal, from the Miranda decision to the expansion of women's rights. They delve into the complexities of voting rights, the malapportionment of legislative districts, speech freedoms, civil liberties and the War on Terror, and the evolution of checks and balances. The Constitution's framers could never have imagined DNA, global warming, or even women's equality. Yet these and many more realities shape our lives and outlook. Our Constitution will remain vital into our changing future, the authors write, if judges remain true to this rich tradition of adaptation and fidelity.
Author : David A. Strauss
Publisher : Oxford University Press
ISBN 13 : 0199703698
Total Pages : 171 pages
Book Rating : 4.1/5 (997 download)
Download or read book The Living Constitution written by David A. Strauss and published by Oxford University Press. This book was released on 2010-05-19 with total page 171 pages. Available in PDF, EPUB and Kindle. Book excerpt: Supreme Court Justice Antonin Scalia once remarked that the theory of an evolving, "living" Constitution effectively "rendered the Constitution useless." He wanted a "dead Constitution," he joked, arguing it must be interpreted as the framers originally understood it. In The Living Constitution, leading constitutional scholar David Strauss forcefully argues against the claims of Scalia, Clarence Thomas, Robert Bork, and other "originalists," explaining in clear, jargon-free English how the Constitution can sensibly evolve, without falling into the anything-goes flexibility caricatured by opponents. The living Constitution is not an out-of-touch liberal theory, Strauss further shows, but a mainstream tradition of American jurisprudence--a common-law approach to the Constitution, rooted in the written document but also based on precedent. Each generation has contributed precedents that guide and confine judicial rulings, yet allow us to meet the demands of today, not force us to follow the commands of the long-dead Founders. Strauss explores how judicial decisions adapted the Constitution's text (and contradicted original intent) to produce some of our most profound accomplishments: the end of racial segregation, the expansion of women's rights, and the freedom of speech. By contrast, originalism suffers from fatal flaws: the impossibility of truly divining original intent, the difficulty of adapting eighteenth-century understandings to the modern world, and the pointlessness of chaining ourselves to decisions made centuries ago. David Strauss is one of our leading authorities on Constitutional law--one with practical knowledge as well, having served as Assistant Solicitor General of the United States and argued eighteen cases before the United States Supreme Court. Now he offers a profound new understanding of how the Constitution can remain vital to life in the twenty-first century.
Author : Anthony Musson
Publisher : Manchester University Press
ISBN 13 : 1526148293
Total Pages : 287 pages
Book Rating : 4.5/5 (261 download)
Download or read book Medieval law in context written by Anthony Musson and published by Manchester University Press. This book was released on 2020-01-03 with total page 287 pages. Available in PDF, EPUB and Kindle. Book excerpt: Examines how medieval people at all social levels thought about law, justice and politics, as well as their role in society. Provides a clear, structured view of judicial developments and experience of litigation in the thirteenth and fourteenth centuries. Offers a new perspective on both law and politics by focusing on the medium of legal consciousness and legal culture.. Makes the specialised area of law accessible for the general reader interested in the medieval period.
Author : Susanna Mancini
Publisher : Oxford University Press, USA
ISBN 13 : 0199660387
Total Pages : 386 pages
Book Rating : 4.1/5 (996 download)
Download or read book Constitutional Secularism in an Age of Religious Revival written by Susanna Mancini and published by Oxford University Press, USA. This book was released on 2014 with total page 386 pages. Available in PDF, EPUB and Kindle. Book excerpt: Traditional models of constitutional secularism have struggled to accommodate the modern revival of religious politics. The concept has been criticised as empty or illegitimate, while political and legal struggles have contested its meaning. This book gathers leading experts to examine the scope and substance of constitutional secularism today.
Author : Benjamin Schonthal
Publisher : Cambridge University Press
ISBN 13 : 1107152232
Total Pages : 319 pages
Book Rating : 4.1/5 (71 download)
Download or read book Buddhism, Politics and the Limits of Law written by Benjamin Schonthal and published by Cambridge University Press. This book was released on 2016-11-17 with total page 319 pages. Available in PDF, EPUB and Kindle. Book excerpt: Examining Sri Lanka's religious and legal pasts, this is the first extended study of Buddhism and constitutional law.
Author : Ellis M. West
Publisher :
ISBN 13 : 9780739146781
Total Pages : 0 pages
Book Rating : 4.1/5 (467 download)
Download or read book The Religion Clauses of the First Amendment written by Ellis M. West and published by . This book was released on 2013-05-03 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Were the religion clauses of the First Amendment intended to protect individuals' right to religious freedom and equality or the states' traditional right to legislate on religion? This book examines all the arguments and historical evidence relating to this question, and demonstrates, contrary to the views of some scholars and Supreme Court justices, that the clauses were sought, drafted, and originally understood not as guarantees of states' rights but as normative restraints on the national government's power over religion.
Author : Graham Maddox
Publisher : Routledge
ISBN 13 : 1134973527
Total Pages : 325 pages
Book Rating : 4.1/5 (349 download)
Download or read book Religion and the Rise of Democracy written by Graham Maddox and published by Routledge. This book was released on 2012-09-10 with total page 325 pages. Available in PDF, EPUB and Kindle. Book excerpt: In a major original study, Graham Maddox analyses the role of religion in the development of democracy from the tribes of ancient Israel to the present day. The book contrasts Athenian direct democracy with the Old Testament monarchy in which the concept of religious opposition - vital to modern democracy - arose. Maddox then develops his discussion of the relationship between religion and democracy through early christianity to the Reformation and Calvinism, ending with a chapter on modern democracy. Maddox's contentious thesis concerning the development of democracy is truly interdisciplinary drawing on political science, religious history and theology.
Author : Paul Horwitz
Publisher : Harvard University Press
ISBN 13 : 0674070925
Total Pages : 490 pages
Book Rating : 4.6/5 (74 download)
Download or read book First Amendment Institutions written by Paul Horwitz and published by Harvard University Press. This book was released on 2013-01-07 with total page 490 pages. Available in PDF, EPUB and Kindle. Book excerpt: Addressing a host of hot-button issues, from the barring of Christian student groups and military recruiters from law schools and universities to churches’ immunity from civil rights legislation in hiring and firing ministers, Paul Horwitz proposes a radical reformation of First Amendment law. Arguing that rigidly doctrinal approaches can’t account for messy, real-world situations, he suggests that the courts loosen their reins and let those institutions with a stake in First Amendment freedoms do more of the work of enforcing them. Universities, the press, libraries, churches, and various other institutions and associations are a fundamental part of the infrastructure of public discourse. Rather than subject them to ill-fitting, top-down rules and legal categories, courts should make them partners in shaping public discourse and First Amendment law, giving these institutions substantial autonomy to regulate their own affairs. Self-regulation and public criticism should be the key restraints on these institutions, not judicial fiat. Horwitz suggests that this approach would help the law enhance the contribution of our “First Amendment institutions” to social and political life. It would also move us toward a conception of the state as a participating member of our social framework, rather than a reigning and often overbearing sovereign. First Amendment Institutions offers a new vantage point from which to evaluate ongoing debates over topics ranging from campaign finance reform to campus hate speech and affirmative action in higher education. This book promises to promote—and provoke—important new discussions about the shape and future of the First Amendment.
Author : Adrian Vermeule
Publisher : John Wiley & Sons
ISBN 13 : 1509548882
Total Pages : 171 pages
Book Rating : 4.5/5 (95 download)
Download or read book Common Good Constitutionalism written by Adrian Vermeule and published by John Wiley & Sons. This book was released on 2022-02-08 with total page 171 pages. Available in PDF, EPUB and Kindle. Book excerpt: The way that Americans understand their Constitution and wider legal tradition has been dominated in recent decades by two exhausted approaches: the originalism of conservatives and the “living constitutionalism” of progressives. Is it time to look for an alternative? Adrian Vermeule argues that the alternative has been there, buried in the American legal tradition, all along. He shows that US law was, from the founding, subsumed within the broad framework of the classical legal tradition, which conceives law as “a reasoned ordering to the common good.” In this view, law’s purpose is to promote the goods a flourishing political community requires: justice, peace, prosperity, and morality. He shows how this legacy has been lost, despite still being implicit within American public law, and convincingly argues for its recovery in the form of “common good constitutionalism.” This erudite and brilliantly original book is a vital intervention in America’s most significant contemporary legal debate while also being an enduring account of the true nature of law that will resonate for decades with scholars and students.
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 : Sarah Barringer Gordon
Publisher : Harvard University Press
ISBN 13 : 9780674046542
Total Pages : 358 pages
Book Rating : 4.0/5 (465 download)
Download or read book The Spirit of the Law written by Sarah Barringer Gordon and published by Harvard University Press. This book was released on 2010-04-30 with total page 358 pages. Available in PDF, EPUB and Kindle. Book excerpt: The author explores the interaction between the Constitution and religious practices in public life. School prayer, religion in prison, and same-sex marriages have created controversies challenging the Supreme Court and the nature of laws regarding religion. The author addresses such issues to trace the relationship between church and state.
Author :
Publisher : BRILL
ISBN 13 : 9004477926
Total Pages : 386 pages
Book Rating : 4.0/5 (44 download)
Download or read book Nicholas of Cusa on Christ and the Church written by and published by BRILL. This book was released on 2021-11-22 with total page 386 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume contains studies on Nicholas of Cusa and his times. The first section is concerned with Cusanus' context, beginning with a historiographic essay by Francis Oakley on the impact of Brian Tierney's Foundations of the Conciliar Theory. Among the topics addressed are the long-term continuation of the Council of Basel (1431-1449) and the issues of ecclesiastical income which it addressed. The second part is concerned with Cusanus' thought on the Church, both in his conciliarist and papalist phases. Included is the first translation into English of Nicholas' Reformatio generalis. Attention also is paid to Cusanus' reforming efforts and the relationship of his thought on these issues to his earliest speculative writings. The third part is concerned with Nicholas' ideas on Christ and mystical experience. Particular attention is paid to the De visione dei, including its relationship to Renaissance art. The volume concludes with wide-ranging essays on the larger significance of Cusanus' speculative thought. An update of Thomas M. Izbicki's bibliography of Cusanus scholarship in English is included.
Author : Marian Burchardt
Publisher : Walter de Gruyter GmbH & Co KG
ISBN 13 : 1614519781
Total Pages : 397 pages
Book Rating : 4.6/5 (145 download)
Download or read book Multiple Secularities Beyond the West written by Marian Burchardt and published by Walter de Gruyter GmbH & Co KG. This book was released on 2015-02-17 with total page 397 pages. Available in PDF, EPUB and Kindle. Book excerpt: Questions of secularity and modernity have become globalized, but most studies still focus on the West. This volume breaks new ground by comparatively exploring developments in five areas of the world, some of which were hitherto situated at the margins of international scholarly discussions: Africa, the Arab World, East Asia, South Asia, and Central and Eastern Europe. In theoretical terms, the book examines three key dimensions of modern secularity: historical pathways, cultural meanings, and global entanglements of secular formations. The contributions show how differences in these dimensions are linked to specific histories of religious and ethnic diversity, processes of state-formation and nation-building. They also reveal how secularities are critically shaped through civilizational encounters, processes of globalization, colonial conquest, and missionary movements, and how entanglements between different territorially grounded notions of secularity or between local cultures and transnational secular arenas unfold over time.
Author : John Witte, Jr
Publisher : Cambridge University Press
ISBN 13 : 1139494112
Total Pages : 403 pages
Book Rating : 4.1/5 (394 download)
Download or read book Christianity and Human Rights written by John Witte, Jr and published by Cambridge University Press. This book was released on 2010-12-23 with total page 403 pages. Available in PDF, EPUB and Kindle. Book excerpt: Combining Jewish, Greek, and Roman teachings with the radical new teachings of Christ and St. Paul, Christianity helped to cultivate the cardinal ideas of dignity, equality, liberty and democracy that ground the modern human rights paradigm. Christianity also helped shape the law of public, private, penal, and procedural rights that anchor modern legal systems in the West and beyond. This collection of essays explores these Christian contributions to human rights through the perspectives of jurisprudence, theology, philosophy and history, and Christian contributions to the special rights claims of women, children, nature and the environment. The authors also address the church's own problems and failings with maintaining human rights ideals. With contributions from leading scholars, including a foreword by Archbishop Desmond Tutu, this book provides an authoritative treatment of how Christianity shaped human rights in the past, and how Christianity and human rights continue to challenge each other in modern times.
Author : Gerald Stourzh
Publisher : University of Chicago Press
ISBN 13 : 0226776387
Total Pages : 412 pages
Book Rating : 4.2/5 (267 download)
Download or read book From Vienna to Chicago and Back written by Gerald Stourzh and published by University of Chicago Press. This book was released on 2010-02-15 with total page 412 pages. Available in PDF, EPUB and Kindle. Book excerpt: Spanning both the history of the modern West and his own five-decade journey as a historian, Gerald Stourzh’s sweeping new essay collection covers the same breadth of topics that has characterized his career—from Benjamin Franklin to Gustav Mahler, from Alexis de Tocqueville to Charles Beard, from the notion of constitution in seventeenth-century England to the concept of neutrality in twentieth-century Austria. This storied career brought him in the 1950s from the University of Vienna to the University of Chicago—of which he draws a brilliant picture—and later took him to Berlin and eventually back to Austria. One of the few prominent scholars equally at home with U.S. history and the history of central Europe, Stourzh has informed these geographically diverse experiences and subjects with the overarching themes of his scholarly achievement: the comparative study of liberal constitutionalism and the struggle for equal rights at the core of Western notions of free government. Composed between 1953 and 2005 and including a new autobiographical essay written especially for this volume, From Vienna to Chicago and Back will delight Stourzh fans, attract new admirers, and make an important contribution to transatlantic history.
Author : Hauke Brunkhorst
Publisher : Bloomsbury Publishing USA
ISBN 13 : 1623564182
Total Pages : 481 pages
Book Rating : 4.6/5 (235 download)
Download or read book Critical Theory of Legal Revolutions written by Hauke Brunkhorst and published by Bloomsbury Publishing USA. This book was released on 2014-06-19 with total page 481 pages. Available in PDF, EPUB and Kindle. Book excerpt: This unique work analyzes the crisis in modern society, building on the ideas of the Frankfurt School thinkers. Emphasizing social evolution and learning processes, it argues that crisis is mediated by social class conflicts and collective learning, the results of which are embodied in constitutional and public law. First, the work outlines a new categorical framework of critical theory in which it is conceived as a theory of crisis. It shows that the Marxist focus on economy and on class struggle is too narrow to deal with the range of social conflicts within modern society, and posits that a crisis of legitimization is at the core of all crises. It then discusses the dialectic of revolutionary and evolutionary developmental processes of modern society and its legal system. This volume in the Critical Theory and Contemporary Society by a leading scholar in the field provides a new approach to critical theory that will appeal to anyone studying political sociology, political theory, and law.
