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The Moral Tradition Of American Constitutionalism
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Book Synopsis The Moral Tradition of American Constitutionalism by : Jefferson Powell
Download or read book The Moral Tradition of American Constitutionalism written by Jefferson Powell and published by Duke University Press. This book was released on 1993 with total page 320 pages. Available in PDF, EPUB and Kindle. Book excerpt: Locates the origins of constitutional law in the Enlightenment attempt to control the violence of the state by subjecting power to reason, then shows its evolution into a tradition of rational inquiry embodied in a community of lawyers and judges. Continues with discussion of how the tradition's 19th-century presuppositions about the autonomy and rationality of constitutional argument have been undermined in the 20th century. Annotation copyright by Book News, Inc., Portland, OR
Download or read book Book Review written by Jim Chen and published by . This book was released on 1995 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Freedom's Law written by Ronald Dworkin and published by OUP Oxford. This book was released on 1999 with total page 438 pages. Available in PDF, EPUB and Kindle. Book excerpt: Dworkin's important book is a collection of essays which discuss almost all of the great constitutional issues of the last two decades, including abortion, euthanasia, capital punishment, homosexuality, pornography, and free speech. Dworkin offers a consistently liberal view of the Constitution and argues that fidelity to it and to law demands that judges make moral judgments. He proposes that we all interpret the abstract language of the Constitution by reference to moral principles about political decency and justice. His 'moral reading' therefore brings political morality into the heart of constitutional law. The various chapters of this book were first published separately; now drawn together they provide the reader with a rich, full-length treatment of Dworkin's general theory of law.
Book Synopsis Common-law Liberty by : James Reist Stoner
Download or read book Common-law Liberty written by James Reist Stoner and published by . This book was released on 2003 with total page 230 pages. Available in PDF, EPUB and Kindle. Book excerpt: In an ere as morally confused as ours, Stoner argues, we at least ought to know what we've abandoned or suppressed in the name of judicial activism and the modern rights-oriented Constitution. Having lost our way, perhaps the common law, in its original sense, provides a way back, a viable alternative to the debilitating relativism of our current age.
Book Synopsis Jean Jacques Burlamaqui by : Ray Forrest Harvey
Download or read book Jean Jacques Burlamaqui written by Ray Forrest Harvey and published by . This book was released on 1937 with total page 238 pages. Available in PDF, EPUB and Kindle. Book excerpt: This is a study of a Swiss jurist whose thought is demonstrably a primary source of the theory expressed in the Declaration of Independence that happiness is a natural right of man and that helping man to attain this natural right is the chief end of the state. His principles of constitutional government are much like those of the American system. Originally published in 1937. A UNC Press Enduring Edition -- UNC Press Enduring Editions use the latest in digital technology to make available again books from our distinguished backlist that were previously out of print. These editions are published unaltered from the original, and are presented in affordable paperback formats, bringing readers both historical and cultural value.
Book Synopsis God and Man in the Law by : Robert Lowry Clinton
Download or read book God and Man in the Law written by Robert Lowry Clinton and published by . This book was released on 1997 with total page 320 pages. Available in PDF, EPUB and Kindle. Book excerpt: In a wide-ranging study based on legal history, political theory, and philosophical ideas going all the way back to Plato and Roman law, Robert Clinton challenges current faith in an activist judiciary. Claiming that a human-centered Constitution leads to government by reductive moral theory and illegitimate judicial review, he advocates a return to traditional jurisprudence and a God-centered Constitution grounded in English common law and its precedents.
Book Synopsis Foundations of American Constitutionalism by : David A. J. Richards
Download or read book Foundations of American Constitutionalism written by David A. J. Richards and published by Oxford University Press. This book was released on 1989-12-14 with total page 332 pages. Available in PDF, EPUB and Kindle. Book excerpt: In writing the constitution, the Founders combined a Lockean theory of politically legitimate power with the political science they had learned from Machiavelli, Harrington, Hume, and Montesquieu to articulate a new conception of constitutional argument. Examining the Founders' humanist analytical methods and working assumptions, this book combines history, political philosophy, and interpretive practice as it demonstrates an alternative exegesis of the Constitution. It clarifies a wide range of interpretive issues of federalism, enumerated rights (religious liberty and free speech), unenumerated rights (the constitutional right to privacy), and equal protection.
Book Synopsis Tradition and Morality in Constitutional Law by : Robert H. Bork
Download or read book Tradition and Morality in Constitutional Law written by Robert H. Bork and published by American Enterprise Institute Press. This book was released on 1984 with total page 32 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Conscience and the Constitution by : David A. J. Richards
Download or read book Conscience and the Constitution written by David A. J. Richards and published by Princeton University Press. This book was released on 2014-07-14 with total page 308 pages. Available in PDF, EPUB and Kindle. Book excerpt: At stage center of the American drama, maintains David A. J. Richards, is the attempt to understand the implications of the Reconstruction Amendments--Amendments Thirteen, Fourteen, and Fifteen to the United States Constitution. Richards evaluates previous efforts to interpret the amendments and then proposes his own view: together the amendments embodied a self-conscious rebirth of America's revolutionary, rights-based constitutionalism. Building on an approach to constitutional law developed in his Toleration and the Constitution and Foundations of American Constitutionalism, Richards links history, law, and political theory. In Conscience and the Constitution, this method leads from an analysis of the Reconstruction Amendments to a broad discussion of the American constitutional system as a whole. Richards's interpretation focuses on the abolitionists and their radical commitment to the "dissenting conscience." In his view, the Reconstruction Amendments expressed not only the constitutional arguments of a particular historical period but also a general political theory developed by the abolitionists, who restructured the American political community in terms of respect for universal human rights. He argues further that the amendments make a claim on our generation to keep faith with the vision of the "founders of 1865." In specific terms he points out what such allegiance would mean in the context of present-day constitutional issues. Originally published in 1993. The Princeton Legacy Library uses the latest print-on-demand technology to again make available previously out-of-print books from the distinguished backlist of Princeton University Press. These editions preserve the original texts of these important books while presenting them in durable paperback and hardcover editions. The goal of the Princeton Legacy Library is to vastly increase access to the rich scholarly heritage found in the thousands of books published by Princeton University Press since its founding in 1905.
Book Synopsis The Language of Law and the Foundations of American Constitutionalism by : Gary L. McDowell
Download or read book The Language of Law and the Foundations of American Constitutionalism written by Gary L. McDowell and published by Cambridge University Press. This book was released on 2010-06-28 with total page 429 pages. Available in PDF, EPUB and Kindle. Book excerpt: For much of its history, the interpretation of the United States Constitution presupposed judges seeking the meaning of the text and the original intentions behind that text, a process that was deemed by Chief Justice John Marshall to be 'the most sacred rule of interpretation'. Since the end of the nineteenth century, a radically new understanding has developed in which the moral intuition of the judges is allowed to supplant the Constitution's original meaning as the foundation of interpretation. The Founders' Constitution of fixed and permanent meaning has been replaced by the idea of a 'living' or evolving constitution. Gary L. McDowell refutes this new understanding, recovering the theoretical grounds of the original Constitution as understood by those who framed and ratified it. It was, he argues, the intention of the Founders that the judiciary must be bound by the original meaning of the Constitution when interpreting it.
Book Synopsis A Living Constitution Or Fundamental Law? by : Herman Belz
Download or read book A Living Constitution Or Fundamental Law? written by Herman Belz and published by Rowman & Littlefield Publishers. This book was released on 1998 with total page 296 pages. Available in PDF, EPUB and Kindle. Book excerpt: In A Living Constitution or Fundamental Law?, distinguished scholar Herman Belz considers the concept of constitutionalism as the subject matter of constitutional history. Belz argues that the study of constitutionalism should be interdisciplinary, requiring the insights and methods of history, political science, and jurisprudence. Belz illuminates the evolution of American constitutionalism across the span of American history, from the Founding to Reconstruction to the Cold War and the rise of the bureaucratic state in the 1980s.
Book Synopsis Constitutional Morality and the Rise of Quasi-Law by : Bruce P. Frohnen
Download or read book Constitutional Morality and the Rise of Quasi-Law written by Bruce P. Frohnen and published by Harvard University Press. This book was released on 2016-06-13 with total page 303 pages. Available in PDF, EPUB and Kindle. Book excerpt: Americans are ruled by an unwritten constitution consisting of executive orders, signing statements, and other quasi-laws designed to reform society, Bruce Frohnen and George Carey argue. Consequently, the Constitution no longer means what it says to the people it is supposed to govern and the government no longer acts according to the rule of law.
Book Synopsis Liberty Under Law by : Kenneth L. Grasso
Download or read book Liberty Under Law written by Kenneth L. Grasso and published by University Press of America. This book was released on 1998 with total page 264 pages. Available in PDF, EPUB and Kindle. Book excerpt: In recent decades, we have witnessed the emergence of ongoing public arguments about the intellectual and cultural foundations of our constitutional system; the norms governing constitutional interpretation and the proper role of the judiciary in this system; and the proper interpretation of certain key provisions of our fundamental law.
Book Synopsis Common Good Constitutionalism by : Adrian Vermeule
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.
Download or read book Freedom's Law written by Ronald Dworkin and published by Harvard University Press. This book was released on 1996 with total page 420 pages. Available in PDF, EPUB and Kindle. Book excerpt: Dworkin claims that Americans have been systematically misled about what their Constitution is and how judges interpret it. In discussions of constitutional cases and general constitutional principles, he argues that a distinctly American version of government based on a "moral" reading of the Constitution offers the best definition of democracy.
Book Synopsis American Constitutionalism by : Howard Gillman
Download or read book American Constitutionalism written by Howard Gillman and published by . This book was released on 2021 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: "Constitutionalism in the United States is not determined solely by decisions made by the Supreme Court. Rather, a robust and meaningful understanding of American Constitutionalism requires a consideration of the historical and political context in which the Supreme Court delivers its rulings. With this premise as a point of departure, renowned legal scholars Howard Gillman, Mark A. Graber, and Keith E. Whittington move beyond traditional casebooks and take a refreshingly innovative approach to the study of Constitutional Law in American Constitutionalism Volumes I and II. Organized according to the standard two-semester Constitutional Law sequence, Volume I covers "Structures of Government" and Volume II covers "Rights and Liberties." Moreover, this text is offers a unique approach to its subject matter organizing the material within each volume according to historical era instead of the typical issues-based approach. Given the rapid pace of Supreme Court decisions, the landscape of Constitutionalism in the United States remains dynamic and fluid. As such, the new edition of American Constitutionalism Volumes I and II will include full coverage of major Supreme Court cases, decisions, and their political contexts through 2020, including coverage of the Obama and Trump administrations"--
Book Synopsis Historicizing "Tradition" in the Study of Religion by : Steven Engler
Download or read book Historicizing "Tradition" in the Study of Religion written by Steven Engler and published by Walter de Gruyter. This book was released on 2012-02-13 with total page 405 pages. Available in PDF, EPUB and Kindle. Book excerpt: This collection of essays analyzes ‛tradition’ as a category in the historical and comparative study of religion. The book questions the common assumption that tradition is simply the “passing down” or imitation of prior practices and discourses. It begins from the premise that many traditions are, at least in part, social fabrications, often deliberately serving particular ideological ends. Individual chapters examine a wide variety of historical periods and religions (Congolese, Buddhist, Christian, Confucian, Cree, Esoteric, Hawaiian, Hindu, Islamic, Jewish, New Religious Movement, and Shinto). Different sections of the book consider tradition's relation to three sets of issues: legitimation and authority; agency and identity; modernity and the West.
