Social Contract Theory In American Jurisprudence

Download Social Contract Theory In American Jurisprudence full books in PDF, epub, and Kindle. Read online Social Contract Theory In American Jurisprudence ebook anywhere anytime directly on your device. Fast Download speed and no annoying ads. We cannot guarantee that every ebooks is available!

Social Contract Theory in American Jurisprudence

Author : Thomas R. Pope
Publisher : Routledge
ISBN 13 : 1135935327
Total Pages : 134 pages
Book Rating : 4.1/5 (359 download)

DOWNLOAD NOW!

Book Synopsis Social Contract Theory in American Jurisprudence by : Thomas R. Pope

Download or read book Social Contract Theory in American Jurisprudence written by Thomas R. Pope and published by Routledge. This book was released on 2013-06-07 with total page 134 pages. Available in PDF, EPUB and Kindle. Book excerpt: Despite decades of attempts and the best intentions of its members, the United States Supreme Court has failed to develop a coherent jurisprudence regarding the state’s proper relationship to the individual. Without some objective standard upon which to ground jurisprudence, decisions have moved along a spectrum between freedom and authority and back again, affecting issues as diverse as individual contractual liberties and the right to privacy. Social Contract Theory in American Jurisprudence seeks to reintroduce the lessons of modern political philosophy to offer a solution for this variable application of legal principle and to lay the groundwork for a jurisprudence consistent in both theory and practice. Thomas R. Pope’s argument examines two exemplary court cases, Lochner v. New York and West Coast Hotel v. Parrish, and demonstrates how the results of these cases failed to achieve the necessary balance of liberty and the public good because they considered the matter in terms of a dichotomy. Pope explores our constitution’s roots in social contract theory, looking particularly to the ideas of Thomas Hobbes for a jurisprudence that is consistent with the language and tradition of the Constitution, and that is also more effectually viable than existing alternatives. Pope concludes with an examination of recent cases before the Court, grounding his observations firmly within the developments of ongoing negotiation of jurisprudence. Addressing the current debate between individual liberty and government responsibility within the context of contemporary jurisprudence, Pope considers the implications of a Hobbesian founding for modern policy. This book will be particularly relevant to scholars of Constitutional Law, the American Founding, and Modern Political Theory.

What We Owe Each Other

Author : Minouche Shafik
Publisher : Princeton University Press
ISBN 13 : 069120764X
Total Pages : 256 pages
Book Rating : 4.6/5 (912 download)

DOWNLOAD NOW!

Book Synopsis What We Owe Each Other by : Minouche Shafik

Download or read book What We Owe Each Other written by Minouche Shafik and published by Princeton University Press. This book was released on 2022-08-23 with total page 256 pages. Available in PDF, EPUB and Kindle. Book excerpt: From one of the leading policy experts of our time, an urgent rethinking of how we can better support each other to thrive Whether we realize it or not, all of us participate in the social contract every day through mutual obligations among our family, community, place of work, and fellow citizens. Caring for others, paying taxes, and benefiting from public services define the social contract that supports and binds us together as a society. Today, however, our social contract has been broken by changing gender roles, technology, new models of work, aging, and the perils of climate change. Minouche Shafik takes us through stages of life we all experience—raising children, getting educated, falling ill, working, growing old—and shows how a reordering of our societies is possible. Drawing on evidence and examples from around the world, she shows how every country can provide citizens with the basics to have a decent life and be able to contribute to society. But we owe each other more than this. A more generous and inclusive society would also share more risks collectively and ask everyone to contribute for as long as they can so that everyone can fulfill their potential. What We Owe Each Other identifies the key elements of a better social contract that recognizes our interdependencies, supports and invests more in each other, and expects more of individuals in return. Powerful, hopeful, and thought-provoking, What We Owe Each Other provides practical solutions to current challenges and demonstrates how we can build a better society—together.

Law as Punishment / Law as Regulation

Author : Austin Sarat
Publisher : Stanford University Press
ISBN 13 : 0804771707
Total Pages : 201 pages
Book Rating : 4.8/5 (47 download)

DOWNLOAD NOW!

Book Synopsis Law as Punishment / Law as Regulation by : Austin Sarat

Download or read book Law as Punishment / Law as Regulation written by Austin Sarat and published by Stanford University Press. This book was released on 2011-08-29 with total page 201 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book considers the problem of law's physical control of persons and it illuminates competing visions of the law: as both a tool of regulation and as an instrument of coercion or punishment.

Social Contract Theory in American Jurisprudence

Author : Thomas R. Pope
Publisher : Routledge
ISBN 13 : 1135935254
Total Pages : 126 pages
Book Rating : 4.1/5 (359 download)

DOWNLOAD NOW!

Book Synopsis Social Contract Theory in American Jurisprudence by : Thomas R. Pope

Download or read book Social Contract Theory in American Jurisprudence written by Thomas R. Pope and published by Routledge. This book was released on 2013-06-07 with total page 126 pages. Available in PDF, EPUB and Kindle. Book excerpt: Despite decades of attempts and the best intentions of its members, the United States Supreme Court has failed to develop a coherent jurisprudence regarding the state’s proper relationship to the individual. Without some objective standard upon which to ground jurisprudence, decisions have moved along a spectrum between freedom and authority and back again, affecting issues as diverse as individual contractual liberties and the right to privacy. Social Contract Theory in American Jurisprudence seeks to reintroduce the lessons of modern political philosophy to offer a solution for this variable application of legal principle and to lay the groundwork for a jurisprudence consistent in both theory and practice. Thomas R. Pope’s argument examines two exemplary court cases, Lochner v. New York and West Coast Hotel v. Parrish, and demonstrates how the results of these cases failed to achieve the necessary balance of liberty and the public good because they considered the matter in terms of a dichotomy. Pope explores our constitution’s roots in social contract theory, looking particularly to the ideas of Thomas Hobbes for a jurisprudence that is consistent with the language and tradition of the Constitution, and that is also more effectually viable than existing alternatives. Pope concludes with an examination of recent cases before the Court, grounding his observations firmly within the developments of ongoing negotiation of jurisprudence. Addressing the current debate between individual liberty and government responsibility within the context of contemporary jurisprudence, Pope considers the implications of a Hobbesian founding for modern policy. This book will be particularly relevant to scholars of Constitutional Law, the American Founding, and Modern Political Theory.

Social Contract Theory

Author : Michael Lessnoff
Publisher : NYU Press
ISBN 13 : 9780814750551
Total Pages : 233 pages
Book Rating : 4.7/5 (55 download)

DOWNLOAD NOW!

Book Synopsis Social Contract Theory by : Michael Lessnoff

Download or read book Social Contract Theory written by Michael Lessnoff and published by NYU Press. This book was released on 1990-12-01 with total page 233 pages. Available in PDF, EPUB and Kindle. Book excerpt:

A Theory of Justice

Author : John RAWLS
Publisher : Harvard University Press
ISBN 13 : 0674042603
Total Pages : 624 pages
Book Rating : 4.6/5 (74 download)

DOWNLOAD NOW!

Book Synopsis A Theory of Justice by : John RAWLS

Download or read book A Theory of Justice written by John RAWLS and published by Harvard University Press. This book was released on 2009-06-30 with total page 624 pages. Available in PDF, EPUB and Kindle. Book excerpt: Though the revised edition of A Theory of Justice, published in 1999, is the definitive statement of Rawls's view, so much of the extensive literature on Rawls's theory refers to the first edition. This reissue makes the first edition once again available for scholars and serious students of Rawls's work.

On Law

Author : John L. Bowman
Publisher : AuthorHouse
ISBN 13 : 1491858672
Total Pages : 111 pages
Book Rating : 4.4/5 (918 download)

DOWNLOAD NOW!

Book Synopsis On Law by : John L. Bowman

Download or read book On Law written by John L. Bowman and published by AuthorHouse. This book was released on 2014-02-10 with total page 111 pages. Available in PDF, EPUB and Kindle. Book excerpt: This is a book about the nature of law and its proposition is law should embody justice-but it does not. It does not because there exists a jurisprudential tug of war today between natural and normative law based on morality and non-natural and descriptive law that claims law is simply a social fact. American jurisprudence, perhaps for the first time in human history was founded on natural law. The Constitution embodied morality derived from the social contract which was derived in part from John Locke who believed the end of law is not to abolish or restrain but to preserve and enlarge freedom. But America is embracing non-natural law and the consequences have been unequal treatment under the law, erosion of the rule of law and injustice in the law. Americas judiciary is in turmoil and this book explains why. It does so by exploring contemporary philosophies of law, important moral theories including the social contract, the nature of justice as well as rights, legal reasoning, punishment, responsibility, procedure and evidence.

The Social Contract

Author : Jean-Jacques Rousseau
Publisher :
ISBN 13 : 9788483728529
Total Pages : 634 pages
Book Rating : 4.7/5 (285 download)

DOWNLOAD NOW!

Book Synopsis The Social Contract by : Jean-Jacques Rousseau

Download or read book The Social Contract written by Jean-Jacques Rousseau and published by . This book was released on 2003 with total page 634 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Social Contract and Political Obligation

Author : Peter J. McCormick
Publisher : Routledge
ISBN 13 : 1000706575
Total Pages : 360 pages
Book Rating : 4.0/5 (7 download)

DOWNLOAD NOW!

Book Synopsis Social Contract and Political Obligation by : Peter J. McCormick

Download or read book Social Contract and Political Obligation written by Peter J. McCormick and published by Routledge. This book was released on 2019-11-21 with total page 360 pages. Available in PDF, EPUB and Kindle. Book excerpt: First published in 1987. This study is concerned with the problem of political obligation, the normative question of why one should obey the law, and with social contract thought as an answer to this question. It is entitled a critique, but the critique is not of social contract theory as such, but rather of the "orthodox" treatment of contract that yields so readily to the rough handling and easy rejection that is the normal lot of contractarianism in contemporary treatments. In its place will be suggested a reinterpretation of contract that sees it as making different assumptions and requiring different premises, and that is proof against many of the orthodox refutations of social contract theory; the reinterpretation is thus in the nature of a vindication. First, from an examination of the most commonly cited champions of contractarianism (namely Hobbes, Locke and Rousseau) will be derive a reinterpretation of contract in the form of a new model or syllogism, the features of which will be brought out by contrasting it first with the contemporary ideas of John Rawls and then with the orthodox model itself. Democratic consent theory, as the heir to the remnants of the orthodox model, will be examined, and the ideas of T. H. Green will be considered as embodying an important feature of contractarianism omitted or ignored by the orthodox model (and hence by democratic theory.) Finally, the new model of contract will be suggested as a potentially useful approach to the problem of political obligation in the modern context. This title will be of interest to student of politics and philosophy.

The Social Contract

Author : John Wiedhofft Gough
Publisher : Greenwood
ISBN 13 :
Total Pages : 278 pages
Book Rating : 4.X/5 ( download)

DOWNLOAD NOW!

Book Synopsis The Social Contract by : John Wiedhofft Gough

Download or read book The Social Contract written by John Wiedhofft Gough and published by Greenwood. This book was released on 1978 with total page 278 pages. Available in PDF, EPUB and Kindle. Book excerpt: The book first discusses the various ideas which comprise the theory of the social contract, and then traces the history as it developed. The central theme of the social contract, the relationship of citizens and government, is also analyzed.

The Racial Contract

Author : Charles W. Mills
Publisher : Cornell University Press
ISBN 13 : 1501764292
Total Pages : 208 pages
Book Rating : 4.5/5 (17 download)

DOWNLOAD NOW!

Book Synopsis The Racial Contract by : Charles W. Mills

Download or read book The Racial Contract written by Charles W. Mills and published by Cornell University Press. This book was released on 2022-04-15 with total page 208 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Racial Contract puts classic Western social contract theory, deadpan, to extraordinary radical use. With a sweeping look at the European expansionism and racism of the last five hundred years, Charles W. Mills demonstrates how this peculiar and unacknowledged "contract" has shaped a system of global European domination: how it brings into existence "whites" and "non-whites," full persons and sub-persons, how it influences white moral theory and moral psychology; and how this system is imposed on non-whites through ideological conditioning and violence. The Racial Contract argues that the society we live in is a continuing white supremacist state. As this 25th anniversary edition—featuring a foreword by Tommy Shelbie and a new preface by the author—makes clear, the still-urgent The Racial Contract continues to inspire, provoke, and influence thinking about the intersection of the racist underpinnings of political philosophy.

The Right to Privacy

Author : Samuel D. Brandeis, Louis D. Warren
Publisher : BoD – Books on Demand
ISBN 13 : 3732645487
Total Pages : 42 pages
Book Rating : 4.7/5 (326 download)

DOWNLOAD NOW!

Book Synopsis The Right to Privacy by : Samuel D. Brandeis, Louis D. Warren

Download or read book The Right to Privacy written by Samuel D. Brandeis, Louis D. Warren and published by BoD – Books on Demand. This book was released on 2018-04-05 with total page 42 pages. Available in PDF, EPUB and Kindle. Book excerpt: Reproduction of the original: The Right to Privacy by Samuel D. Warren, Louis D. Brandeis

Social Contract Theory for a Diverse World

Author : Ryan Muldoon
Publisher : Taylor & Francis
ISBN 13 : 1134793545
Total Pages : 142 pages
Book Rating : 4.1/5 (347 download)

DOWNLOAD NOW!

Book Synopsis Social Contract Theory for a Diverse World by : Ryan Muldoon

Download or read book Social Contract Theory for a Diverse World written by Ryan Muldoon and published by Taylor & Francis. This book was released on 2016-10-14 with total page 142 pages. Available in PDF, EPUB and Kindle. Book excerpt: Very diverse societies pose real problems for Rawlsian models of public reason. This is for two reasons: first, public reason is unable accommodate diverse perspectives in determining a regulative ideal. Second, regulative ideals are unable to respond to social change. While models based on public reason focus on the justification of principles, this book suggests that we need to orient our normative theories more toward discovery and experimentation. The book develops a unique approach to social contract theory that focuses on diverse perspectives. It offers a new moral stance that author Ryan Muldoon calls, "The View From Everywhere," which allows for substantive, fundamental moral disagreement. This stance is used to develop a bargaining model in which agents can cooperate despite seeing different perspectives. Rather than arguing for an ideal contract or particular principles of justice, Muldoon outlines a procedure for iterated revisions to the rules of a social contract. It expands Mill's conception of experiments in living to help form a foundational principle for social contract theory. By embracing this kind of experimentation, we move away from a conception of justice as an end state, and toward a conception of justice as a trajectory. Listen to Robert Talisse interview Ryan Muldoon about Social Contract Theory for a Diverse World on the podcast, New Books in Philosophy: http://tinyurl.com/j9oq324 Also, read Ryan Muldoon’s related Niskanen Center article, "Diversity and Disagreement are the Solution, Not the Problem," published Jan. 10, 2017: https://niskanencenter.org/blog/diversity-disagreement-solution-not-problem/

Justice and the Social Contract : Essays on Rawlsian Political Philosophy

Author : Samuel Freeman Stephen F. Goldstone Term Professor of Philosophy and Law University of Pennsylvania
Publisher : Oxford University Press, USA
ISBN 13 : 0195345754
Total Pages : 354 pages
Book Rating : 4.1/5 (953 download)

DOWNLOAD NOW!

Book Synopsis Justice and the Social Contract : Essays on Rawlsian Political Philosophy by : Samuel Freeman Stephen F. Goldstone Term Professor of Philosophy and Law University of Pennsylvania

Download or read book Justice and the Social Contract : Essays on Rawlsian Political Philosophy written by Samuel Freeman Stephen F. Goldstone Term Professor of Philosophy and Law University of Pennsylvania and published by Oxford University Press, USA. This book was released on 2006-11-09 with total page 354 pages. Available in PDF, EPUB and Kindle. Book excerpt: John Rawls (1921-2002) was one of the 20th century's most important philosophers and continues to be among the most widely discussed of contemporary thinkers. His work, particularly A Theory of Justice, is integral to discussions of social and international justice, democracy, liberalism, welfare economics, and constitutional law, in departments of philosophy, politics, economics, law, public policy, and others. Samuel Freeman is one of Rawls's foremost interpreters. This volume contains nine of his essays on Rawls and Rawlsian justice, two of which are previously unpublished. Freeman places Rawls within historical context in the social contract tradition, addresses criticisms of his positions, and discusses the implications of his views on issues of distributive justice, liberalism and democracy, international justice, and other subjects. This collection will be useful to the wide range of scholars interested in Rawls and theories of justice.

Towards a Natural Social Contract

Author : Patrick Huntjens
Publisher : Springer Nature
ISBN 13 : 3030671305
Total Pages : 212 pages
Book Rating : 4.0/5 (36 download)

DOWNLOAD NOW!

Book Synopsis Towards a Natural Social Contract by : Patrick Huntjens

Download or read book Towards a Natural Social Contract written by Patrick Huntjens and published by Springer Nature. This book was released on 2021-03-30 with total page 212 pages. Available in PDF, EPUB and Kindle. Book excerpt: This open access book is a 2022 Nautilus Gold Medal winner in the category "World Cultures' Transformational Growth & Development". It states that the societal fault lines of our times are deeply intertwined and that they confront us with challenges affecting the security, fairness and sustainability of our societies. The author, Prof. Dr. Patrick Huntjens, argues that overcoming these existential challenges will require a fundamental shift from our current anthropocentric and economic growth-oriented approach to a more ecocentric and regenerative approach. He advocates for a Natural Social Contract that emphasizes long-term sustainability and the general welfare of both humankind and planet Earth. Achieving this crucial balance calls for an end to unlimited economic growth, overconsumption and over-individualisation for the benefit of ourselves, our planet, and future generations. To this end, sustainability, health, and justice in all social-ecological systems will require systemic innovation and prioritizing a collective effort. The Transformative Social-Ecological Innovation (TSEI) framework presented in this book serves that cause. It helps to diagnose and advance innovation and spur change across sectors, disciplines, and at different levels of governance. Altogether, TSEI identifies intervention points and formulates jointly developed and shared solutions to inform policymakers, administrators, concerned citizens, and professionals dedicated towards a more sustainable, healthy and just society. A wide readership of students, researchers, practitioners and policy makers interested in social innovation, transition studies, development studies, social policy, social justice, climate change, environmental studies, political science and economics will find this cutting-edge book particularly useful. “As a sustainability transition researcher, I am truly excited about this book. Two unique aspects of the book are that it considers bigger transformation issues (such as societies’ relationship with nature, purpose and justice) than those studied in transition studies and offers analytical frameworks and methods for taking up the challenge of achieving change on the ground.” - Prof. Dr. René Kemp, United Nations University and Maastricht Sustainability Institute

By Birth or Consent

Author : Holly Brewer
Publisher : UNC Press Books
ISBN 13 : 0807839124
Total Pages : 408 pages
Book Rating : 4.8/5 (78 download)

DOWNLOAD NOW!

Book Synopsis By Birth or Consent by : Holly Brewer

Download or read book By Birth or Consent written by Holly Brewer and published by UNC Press Books. This book was released on 2012-12-01 with total page 408 pages. Available in PDF, EPUB and Kindle. Book excerpt: In mid-sixteenth-century England, people were born into authority and responsibility based on their social status. Thus elite children could designate property or serve in Parliament, while children of the poorer sort might be forced to sign labor contracts or be hanged for arson or picking pockets. By the late eighteenth century, however, English and American law began to emphasize contractual relations based on informed consent rather than on birth status. In By Birth or Consent, Holly Brewer explores how the changing legal status of children illuminates the struggle over consent and status in England and America. As it emerged through religious, political, and legal debates, the concept of meaningful consent challenged the older order of birthright and became central to the development of democratic political theory. The struggle over meaningful consent had tremendous political and social consequences, affecting the whole order of society. It granted new powers to fathers and guardians at the same time that it challenged those of masters and kings. Brewer's analysis reshapes the debate about the origins of modern political ideology and makes connections between Reformation religious debates, Enlightenment philosophy, and democratic political theory.

Social Contract, Free Ride

Author : Anthony De Jasay
Publisher : Collected Papers of Anthony de
ISBN 13 : 9780865977013
Total Pages : 0 pages
Book Rating : 4.9/5 (77 download)

DOWNLOAD NOW!

Book Synopsis Social Contract, Free Ride by : Anthony De Jasay

Download or read book Social Contract, Free Ride written by Anthony De Jasay and published by Collected Papers of Anthony de. This book was released on 2008 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book provides a novel account of the public goods dilemma. The author shows how the social contract, in its quest for fairness, actually helps to breed the parasitic 'free riding' it is meant to suppress. He also shows how, in the absence of taxation, many public goods would be provided by spontaneous group co-operation. This would, however, imply some degree of free riding. Unwilling to tolerate such unfairness, co-operating groups would eventually drift from voluntary to compulsory solutions, heedless of the fact that this must bring back free riding with a vengeance. The author argues that the perverse incentives created by the attempt to render public provision assured and fair are a principal cause of the poor functioning of organised society.