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The Law Of Nations And The United States Constitution
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Book Synopsis The Law of Nations and the United States Constitution by : Anthony J. Bellia Jr.
Download or read book The Law of Nations and the United States Constitution written by Anthony J. Bellia Jr. and published by Oxford University Press. This book was released on 2017-03-10 with total page 224 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Law of Nations and the United States Constitution offers a new lens through which anyone interested in constitutional governance in the United States should analyze the role and status of customary international law in U.S. courts. The book explains that the law of nations has not interacted with the Constitution in any single overarching way. Rather, the Constitution was designed to interact in distinct ways with each of the three traditional branches of the law of nations that existed when it was adopted--namely, the law merchant, the law of state-state relations, and the law maritime. By disaggregating how different parts of the Constitution interacted with different kinds of international law, the book provides an account of historical understandings and judicial precedent that will help judges and scholars more readily identify and resolve the constitutional questions presented by judicial use of customary international law today. Part I describes the three traditional branches of the law of nations and examines their relationship with the Constitution. Part II describes the emergence of modern customary international law in the twentieth century, considers how it differs from the traditional branches of the law of nations, and explains why its role or status in U.S. courts requires an independent, context-specific analysis of its interaction with the Constitution. Part III assesses how both modern and traditional customary international law should be understood to interact with the Constitution today.
Book Synopsis The Law of Nations by : Emer de Vattel
Download or read book The Law of Nations written by Emer de Vattel and published by . This book was released on 1856 with total page 668 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis America and the Law of Nations 1776-1939 by : Mark W. Janis
Download or read book America and the Law of Nations 1776-1939 written by Mark W. Janis and published by OUP UK. This book was released on 2010 with total page 244 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book narrates the important role that international law has played in America and the crucial if complex story of America's place in promoting and frustrating international law. Based on the stories of key figures in American history and written in an accessible style, it is a must read for anyone interested in America's place in the world.
Book Synopsis On the Law of Nations by : Daniel Patrick Moynihan
Download or read book On the Law of Nations written by Daniel Patrick Moynihan and published by Harvard University Press. This book was released on 1990 with total page 228 pages. Available in PDF, EPUB and Kindle. Book excerpt: The US Senator from New York offers an insightful account of American attitudes toward international law from the founding of the Republic to the present day. He reveals Americans to be generally well-disposed toward a law of nations, notwithstanding the contrary values of the US government over the last decade. Annotation copyrighted by Book News, Inc., Portland, OR
Book Synopsis Are We to be a Nation? by : Richard B. Bernstein
Download or read book Are We to be a Nation? written by Richard B. Bernstein and published by . This book was released on 1987 with total page 384 pages. Available in PDF, EPUB and Kindle. Book excerpt: The author retells the entire story of the revolution in political thought that resulted in the republican experiment under the Constitution and Bill of Rights.
Book Synopsis Literature and the Law of Nations, 1580-1680 by : Christopher Norton Warren
Download or read book Literature and the Law of Nations, 1580-1680 written by Christopher Norton Warren and published by Oxford University Press, USA. This book was released on 2015 with total page 297 pages. Available in PDF, EPUB and Kindle. Book excerpt: This is a literary history of international law in the age of Shakespeare, Milton, Grotius, and Hobbes. It tells the previously untold story of major English Renaissance writers who used literary genres like epic, tragedy, comedy, tragicomedy, and history to help create modern international law. Whereas international law's standard histories regularly omit literary figures and debates, Warren instead delights in the early modern contests over literary form that animated a range of major seventeenth century texts.
Book Synopsis The Law of Nations and Natural Law 1625–1800 by : Simone Zurbuchen
Download or read book The Law of Nations and Natural Law 1625–1800 written by Simone Zurbuchen and published by BRILL. This book was released on 2019-11-26 with total page 347 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Law of Nations and Natural Law 1625-1800 offers innovative studies on the development of the law of nations after the Peace of Westphalia. This period was decisive for the origin and constitution of the discipline which eventually emancipated itself from natural law and became modern international law. A specialist on the law of nations in the Swiss context and on its major figure, Emer de Vattel, Simone Zurbuchen prompted scholars to explore the law of nations in various European contexts. The volume studies little known literature related to the law of nations as an academic discipline, offers novel interpretations of classics in the field, and deconstructs ‘myths’ associated with the law of nations in the Enlightenment.
Book Synopsis Federal Union, Modern World by : Peter S. Onuf
Download or read book Federal Union, Modern World written by Peter S. Onuf and published by Rowman & Littlefield. This book was released on 1993 with total page 244 pages. Available in PDF, EPUB and Kindle. Book excerpt: In this thought-provoking analysis of international relations, the authors relate the emergence of the modern state-societies to the experiments in constitution-making in the United States.
Book Synopsis The Federalist Papers by : Alexander Hamilton
Download or read book The Federalist Papers written by Alexander Hamilton and published by Read Books Ltd. This book was released on 2018-08-20 with total page 455 pages. Available in PDF, EPUB and Kindle. Book excerpt: Classic Books Library presents this brand new edition of “The Federalist Papers”, a collection of separate essays and articles compiled in 1788 by Alexander Hamilton. Following the United States Declaration of Independence in 1776, the governing doctrines and policies of the States lacked cohesion. “The Federalist”, as it was previously known, was constructed by American statesman Alexander Hamilton, and was intended to catalyse the ratification of the United States Constitution. Hamilton recruited fellow statesmen James Madison Jr., and John Jay to write papers for the compendium, and the three are known as some of the Founding Fathers of the United States. Alexander Hamilton (c. 1755–1804) was an American lawyer, journalist and highly influential government official. He also served as a Senior Officer in the Army between 1799-1800 and founded the Federalist Party, the system that governed the nation’s finances. His contributions to the Constitution and leadership made a significant and lasting impact on the early development of the nation of the United States.
Book Synopsis Before Anarchy by : Theodore Christov
Download or read book Before Anarchy written by Theodore Christov and published by Cambridge University Press. This book was released on 2015 with total page 307 pages. Available in PDF, EPUB and Kindle. Book excerpt: Against the twentieth-century 'Hobbesian anarchy', Before Anarchy reconsiders the originality and reception of Hobbes's interpersonal and international state of nature.
Book Synopsis History of the Law of Nations in Europe and America by : Henry Wheaton
Download or read book History of the Law of Nations in Europe and America written by Henry Wheaton and published by New York : Gould, Banks & Company. This book was released on 1845 with total page 820 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Keeping Faith with the Constitution by : Goodwin Liu
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 272 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.
Download or read book Indonesian Law written by Tim Lindsey and published by Oxford University Press. This book was released on 2018-09-06 with total page 416 pages. Available in PDF, EPUB and Kindle. Book excerpt: Indonesia has a growing population of almost 300 million people, it is increasingly involved in world affairs, and has a booming economy. The need to better understand its unique, complex, and often obscure legal system, has become pressing. This is true across a wide range of sectors including, but not limited to, trade and investment, crime and terrorism, and human rights. Indonesia's democratization after the fall of Soeharto in 1998 triggered massive social and political changes that opened up this diverse, and formerly tightly-controlled, society. Law reform was a key driver of Indonesia's transformation and its full effect remains to be seen. This book offers clear and detailed explanations of the foundations of Indonesia's legal system in the context of its legal reform and rapid development. It offers succinct commentaries on a wide range of issues, examining the judicial process, the constitution, corruption and the court system, contract law, administrative law, foreign investment, taxation, Islamic law, and family law. It examines current substantive law and judicial interpretation and presents case studies of how the system operates in practice. Written in an accessible and engaging style, this book is an essential guide for readers seeking quick and clear answers to questions regarding the law and its application in Indonesia.
Book Synopsis The Living Constitution by : David A. Strauss
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 176 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.
Book Synopsis The Heritage Guide to the Constitution by : David F. Forte
Download or read book The Heritage Guide to the Constitution written by David F. Forte and published by Simon and Schuster. This book was released on 2014-09-16 with total page 500 pages. Available in PDF, EPUB and Kindle. Book excerpt: A landmark work of more than one hundred scholars, The Heritage Guide to the Constitution is a unique line-by-line analysis explaining every clause of America's founding charter and its contemporary meaning. In this fully revised second edition, leading scholars in law, history, and public policy offer more than two hundred updated and incisive essays on every clause of the Constitution. From the stirring words of the Preamble to the Twenty-seventh Amendment, you will gain new insights into the ideas that made America, important debates that continue from our Founding, and the Constitution's true meaning for our nation
Book Synopsis Law without Nations? by : Jeremy A. Rabkin
Download or read book Law without Nations? written by Jeremy A. Rabkin and published by Princeton University Press. This book was released on 2009-02-09 with total page 358 pages. Available in PDF, EPUB and Kindle. Book excerpt: What authority does international law really have for the United States? When and to what extent should the United States participate in the international legal system? This forcefully argued book by legal scholar Jeremy Rabkin provides an insightful new look at this important and much-debated question. Americans have long asked whether the United States should join forces with institutions such as the International Criminal Court and sign on to agreements like the Kyoto Protocol. Rabkin argues that the value of international agreements in such circumstances must be weighed against the threat they pose to liberties protected by strong national authority and institutions. He maintains that the protection of these liberties could be fatally weakened if we go too far in ceding authority to international institutions that might not be zealous in protecting the rights Americans deem important. Similarly, any cessation of authority might leave Americans far less attached to the resulting hybrid legal system than they now are to laws they can regard as their own. Law without Nations? traces the traditional American wariness of international law to the basic principles of American thought and the broader traditions of liberal political thought on which the American Founders drew: only a sovereign state can make and enforce law in a reliable way, so only a sovereign state can reliably protect the rights of its citizens. It then contrasts the American experience with that of the European Union, showing the difficulties that can arise from efforts to merge national legal systems with supranational schemes. In practice, international human rights law generates a cloud of rhetoric that does little to secure human rights, and in fact, is at odds with American principles, Rabkin concludes. A challenging and important contribution to the current debates about the meaning of multilateralism and international law, Law without Nations? will appeal to a broad cross-section of scholars in both the legal and political science arenas.
Book Synopsis The Constitution of the Five Nations by : Arthur Caswell Parker
Download or read book The Constitution of the Five Nations written by Arthur Caswell Parker and published by . This book was released on 1916 with total page 182 pages. Available in PDF, EPUB and Kindle. Book excerpt:
