Uncovering the Constitution's Moral Design

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Publisher : University of Missouri Press
ISBN 13 : 0826266088
Total Pages : 311 pages
Book Rating : 4.8/5 (262 download)

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Book Synopsis Uncovering the Constitution's Moral Design by : Paul R. DeHart

Download or read book Uncovering the Constitution's Moral Design written by Paul R. DeHart and published by University of Missouri Press. This book was released on 2007 with total page 311 pages. Available in PDF, EPUB and Kindle. Book excerpt: The U.S. Constitution provides a framework for our laws, but what does it have to say about morality? Paul DeHart ferrets out that document's implicit moral assumptions as he revisits the notion that constitutions are more than merely practical institutional arrangements. In Uncovering the Constitution's Moral Design, he seeks to reveal, elaborate, and then evaluate the Constitution's normative framework to determine whether it is philosophically sound-and whether it makes moral assumptions that correspond to reality. Rejecting the standard approach of the intellectual historian, DeHart for the first time in constitutional theory applies the method of inference to the best explanation to ascertaining our Constitution's moral meaning. He distinguishes the Constitution's intention from the subjective intentions of the framers, teasing out presuppositions that the document makes about the nature of sovereignty, the common good, natural law, and natural rights. He then argues that the Constitution constrains popular sovereignty in a way that entails a real common good, transcendent of human willing and promotive of human well-being, but he points out that while the Constitution presupposes a real common good, it also implies a natural law that prescribes the common good. In critiquing previous attempts at describing and evaluating the Constitution's normative framework, DeHart demonstrates that the Constitution's moral framework corresponds largely to classical moral theory. He challenges the logical coherency of modern moral philosophy, normative positivism, and other theories that the Constitution has been argued to embody and offers a groundbreaking methodology that can be applied to uncovering the normative framework of other constitutions as well. This cogently argued study shows that the Constitution presupposes a natural law to which human law must conform, and it takes a major step in resolving current debates over the Constitution's normative framework while remaining detached from the social issues that divide today's political arena. Uncovering the Constitution's Moral Design is an original approach to the Constitution that marks a significant contribution to understanding the moral underpinnings of our form of government.

The Constitution of Agency

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Publisher : Oxford University Press, USA
ISBN 13 : 0191564591
Total Pages : 357 pages
Book Rating : 4.1/5 (915 download)

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Book Synopsis The Constitution of Agency by : Christine Marion Korsgaard

Download or read book The Constitution of Agency written by Christine Marion Korsgaard and published by Oxford University Press, USA. This book was released on 2014-05-14 with total page 357 pages. Available in PDF, EPUB and Kindle. Book excerpt: Christine M. Korsgaard is one of today's leading moral philosophers: this volume collects ten influential papers by her on practical reason and moral psychology. Korsgaard draws on the work of important figures in the history of philosophy such as Plato, Aristotle, Kant, and Hume, showing how their ideas can inform the solution of contemporary and traditional philosophical problems, such as the foundations of morality and practical reason, the nature of agency, and the role of the emotions in action. In Part 1, The Principles of Practical Reason, Korsgaard defends the view that the principles of practical reason are constitutive principles of action. By governing our actions in accordance with Kant's categorical imperative and the principle of instrumental reason, she argues, we take control of our own movements and so render ourselves active, self-determining beings. She criticizes rival attempts to give a normative foundation to the principles of practical reason, challenges the claims of the principle of maximizing one's own interests to be a rational principle, and argues for some deep continuities between Plato's account of the connection between justice and agency and Kant's account of the connection between autonomy and agency. In Part II, Moral Virtue and Moral Psychology, Korsgaard takes up the question of the role of our more passive or receptive faculties--our emotions and responses --in constituting our agency. She sketches a reading of the Nicomachean Ethics, based on the idea that our emotions can serve as perceptions of good and evil, and argues that this view of the emotions is at the root of the apparent differences between Aristotle and Kant's accounts of morality. She argues that in fact, Aristotle and Kant share a distinctive view about the locus of moral value and the nature of human choice that, among other things, gives them account of what it means to act rationally that is superior to other accounts. In Part III, Other Reflections, Korsgaard takes up question how we come to view one another as moral agents in Hume's philosophy. She examines the possible clash between the agency of the state and that of the individual that led to Kant's paradoxical views about revolution. And finally, she discusses her methodology in an account of what it means to be a constructivist moral philosopher. The essays are united by an introduction in which Korsgaard explains their connections to each other and to her current work.

Natural Law and the Antislavery Constitutional Tradition

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Publisher : Cambridge University Press
ISBN 13 : 1107013631
Total Pages : 209 pages
Book Rating : 4.1/5 (7 download)

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Book Synopsis Natural Law and the Antislavery Constitutional Tradition by : Justin Buckley Dyer

Download or read book Natural Law and the Antislavery Constitutional Tradition written by Justin Buckley Dyer and published by Cambridge University Press. This book was released on 2012-02-13 with total page 209 pages. Available in PDF, EPUB and Kindle. Book excerpt: Natural Law and the Antislavery Constitutional Tradition is a succinct account of the development of American antislavery constitutionalism in the years preceding the Civil War. In a series of case studies, Dyer reconstructs the arguments of prominent antislavery thinkers such as John Quincy Adams, John McLean, Abraham Lincoln, and Frederick Douglass. What emerges is a convoluted understanding of American constitutional development that emphasizes the centrality of natural law to America's greatest constitutional crisis.

The American Supreme Court

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Publisher : University of Chicago Press
ISBN 13 : 022629692X
Total Pages : 418 pages
Book Rating : 4.2/5 (262 download)

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Book Synopsis The American Supreme Court by : Robert G. McCloskey

Download or read book The American Supreme Court written by Robert G. McCloskey and published by University of Chicago Press. This book was released on 2016-05-02 with total page 418 pages. Available in PDF, EPUB and Kindle. Book excerpt: The sixth edition of the classic and concise account of the US Supreme Court, its history, and its place in American politics. For more than fifty years, Robert G. McCloskey’s classic work on the Supreme Court’s role in constructing the US Constitution has introduced generations of students to the workings of our nation’s highest court. As in prior editions, McCloskey’s original text remains unchanged. In his historical interpretation, he argues that the strength of the Court has always been its sensitivity to the changing political scene, as well as its reluctance to stray too far from the main currents of public sentiment. In this new edition, Sanford Levinson extends McCloskey’s magisterial treatment to address developments since the 2010 election, including the Supreme Court’s decisions regarding the Defense of Marriage Act, the Affordable Care Act, and gay marriage. The best and most concise account of the Supreme Court and its place in American politics, McCloskey’s wonderfully readable book is an essential guide to the past, present, and future prospects of this institution. Praise for The American Supreme Court “The classic account of the American Supreme Court by the mid-twentieth century’s most astute student of American constitutionalism updated by the early twenty-first century’s most astute student of American constitutionalism. This is the first work constitutional beginners should—and constitutional scholars do—turn to.” —Mark Graber, University of Maryland School of Law “Essential. . . . This fifth edition carries on the tradition of earlier iterations, keeping McCloskey’s keen insights, analytical framework, and normative instincts intact. . . . Levinson supplements the original argument with chapters . . . that draw on his remarkable intellectual range and invite readers to continue asking the still-salient questions McCloskey set forth a half-century earlier.” —Choice, on the fifth edition

Encyclopedia of Constitutional Amendments, Proposed Amendments, and Amending Issues, 1789–2015 [2 volumes]

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Author :
Publisher : Bloomsbury Publishing USA
ISBN 13 :
Total Pages : 941 pages
Book Rating : 4.2/5 (16 download)

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Book Synopsis Encyclopedia of Constitutional Amendments, Proposed Amendments, and Amending Issues, 1789–2015 [2 volumes] by : John R. Vile

Download or read book Encyclopedia of Constitutional Amendments, Proposed Amendments, and Amending Issues, 1789–2015 [2 volumes] written by John R. Vile and published by Bloomsbury Publishing USA. This book was released on 2015-07-20 with total page 941 pages. Available in PDF, EPUB and Kindle. Book excerpt: Now in its fourth edition and completely updated, this is the most comprehensive book on constitutional amendments and proposed amendments available. Although only 27 amendments have ever been added to the U.S. Constitution, the last one having been ratified in 1992, throughout American history, members of Congress have introduced more than 11,000 amendments, and countless individuals outside of Congress have advanced their own proposals to revise the Constitution—the wellspring of America's legal, political, and cultural foundations. At a time when calls for a new constitutional convention are on the rise, it is essential for students of political science and history as well as American citizens to understand proposed alternatives. This updated edition of the established standard for high school and college libraries as well as public and law libraries serves as the go-to reference for learning about existing constitutional amendments, proposed amendments, and the issues related to them. An alphabetically arranged two-volume set, it contains more than 500 entries that discuss amendments that have been proposed in Congress from 1789 to the present. It also discusses prominent proposals for extensive constitutional changes introduced outside Congress as well as discussions of major amending issues.

Principled Reasoning in Human Rights Adjudication

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Publisher : Bloomsbury Publishing
ISBN 13 : 1782259821
Total Pages : 235 pages
Book Rating : 4.7/5 (822 download)

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Book Synopsis Principled Reasoning in Human Rights Adjudication by : Se-shauna Wheatle

Download or read book Principled Reasoning in Human Rights Adjudication written by Se-shauna Wheatle and published by Bloomsbury Publishing. This book was released on 2017-04-20 with total page 235 pages. Available in PDF, EPUB and Kindle. Book excerpt: Implied constitutional principles form part of the landscape of the development of fundamental rights in common law jurisdictions, affecting issues ranging from the remuneration of judges to the appropriation of property by the state. Principled Reasoning in Human Rights Adjudication offers thematic analysis of the use of the implied constitutional principles of the rule of law and separation of powers in human rights cases. The book examines the functions played by those principles in rights adjudication in Australia, Canada, the Commonwealth Caribbean, and the United Kingdom. It argues that a complete understanding of implied constitutional principles requires thoroughgoing analysis of the sources and methods of implication and of the specific roles played by such principles in the adjudicative process. By disaggregating particular functions and placing those functions within their respective institutional contexts, this book develops an understanding of the features of cases in which implied constitutional principles are invoked and the work done by those principles.

Encyclopedia of Constitutional Amendments, Proposed Amendments, and Amending Issues, 1789-2023 [2 volumes]

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Author :
Publisher : Bloomsbury Publishing USA
ISBN 13 : 1440879532
Total Pages : 767 pages
Book Rating : 4.4/5 (48 download)

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Book Synopsis Encyclopedia of Constitutional Amendments, Proposed Amendments, and Amending Issues, 1789-2023 [2 volumes] by : John R. Vile

Download or read book Encyclopedia of Constitutional Amendments, Proposed Amendments, and Amending Issues, 1789-2023 [2 volumes] written by John R. Vile and published by Bloomsbury Publishing USA. This book was released on 2023-10-19 with total page 767 pages. Available in PDF, EPUB and Kindle. Book excerpt: Written by a leading scholar of the constitutional amending process, this two-volume encyclopedia, now in its fifth edition, is an indispensable resource for students, legal historians, and high school and college librarians. This authoritative reference resource provides a history and analysis of all 27 ratified amendments to the Constitution, as well as insights and information on thousands of other amendments that have been proposed but never ratified from America's birth until the present day. The set also includes a rich bibliography of informative books, articles, and other media related to constitutional amendments and the amending process.

Politics for Christians

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Publisher : InterVarsity Press
ISBN 13 : 9780830869886
Total Pages : pages
Book Rating : 4.8/5 (698 download)

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Book Synopsis Politics for Christians by : Francis J. Beckwith

Download or read book Politics for Christians written by Francis J. Beckwith and published by InterVarsity Press. This book was released on 2012-05-20 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: Politics is concerned with citizenship and the administration of justice--how communities are formed and governed. The role of Christians in the political process is hotly contested, but as citizens, Francis Beckwith argues, Christians have a rich heritage of sophisticated thought, as well as a genuine responsibility, to contribute to the shaping of public policy. In particular, Beckwith addresses the contention that Christians, or indeed religious citizens of any faith, should set aside their beliefs before they enter the public square. What role should religious citizens take in a liberal democracy? What is the proper separation of church and state? What place should be made for natural rights and the moral law within a secular state? This cogent introduction to political thought surveys political science, politics and government while making the case for how statecraft may genuinely contribute to soulcraft. Politics for Christians is part of The Christian Worldview Integration Series.

America on Trial, Expanded Edition

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Publisher : Ignatius Press
ISBN 13 : 1642291544
Total Pages : 471 pages
Book Rating : 4.6/5 (422 download)

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Book Synopsis America on Trial, Expanded Edition by : Robert Reilly

Download or read book America on Trial, Expanded Edition written by Robert Reilly and published by Ignatius Press. This book was released on 2022-02-01 with total page 471 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Founding of the American Republic is on trial. Critics say it was a poison pill with a time-release formula; we are its victims. Its principles are responsible for the country's moral and social disintegration because they were based on the Enlightenment falsehood of radical individual autonomy. In this well-researched book, Robert Reilly declares: not guilty. To prove his case, he traces the lineage of the ideas that made the United States, and its ordered liberty, possible. These concepts were extraordinary when they first burst upon the ancient world: the Judaic oneness of God, who creates ex nihilo and imprints his image on man; the Greek rational order of the world based upon the Reason behind it; and the Christian arrival of that Reason (Logos) incarnate in Christ. These may seem a long way from the American Founding, but Reilly argues that they are, in fact, its bedrock. Combined, they mandated the exercise of both freedom and reason.

Othering

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Publisher : Wipf and Stock Publishers
ISBN 13 : 1725254115
Total Pages : 190 pages
Book Rating : 4.7/5 (252 download)

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Book Synopsis Othering by : Charles K. Bellinger

Download or read book Othering written by Charles K. Bellinger and published by Wipf and Stock Publishers. This book was released on 2020-12-28 with total page 190 pages. Available in PDF, EPUB and Kindle. Book excerpt: Othering is a word used in academic circles, but it may be unfamiliar to many laypersons. This work introduces the word, which is a refined way of describing prejudice, discrimination, and scapegoating. The book addresses what othering is, how it has been practiced in varied contexts, and how it prepares the way for violence. Dimensional anthropology is introduced, which is the idea that there are three main dimensions of reality as it is inhabited by human beings: the vertical axis (the Great Chain of Being), the horizontal plane (society), and individual selfhood. Othering can be present within all three of these dimensions, with slavery being an example of vertical axis othering, ethnic violence being an example of horizontal othering, and lone wolf or psychotic shooters being an example of individual othering. The most thought-provoking aspect of the book for many readers will be its application to the culture wars in our current individualistic age. Rights language is also addressed at length, since it can function as anti-othering rhetoric or as rhetoric that supports othering. The largest framework for the book is its argument that othering is a way of illuminating what the theological tradition has understood as original sin.

Reason, Revelation, and the Civic Order

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Publisher : Cornell University Press
ISBN 13 : 1609091574
Total Pages : 253 pages
Book Rating : 4.6/5 (9 download)

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Book Synopsis Reason, Revelation, and the Civic Order by : Carson Holloway

Download or read book Reason, Revelation, and the Civic Order written by Carson Holloway and published by Cornell University Press. This book was released on 2014-03-14 with total page 253 pages. Available in PDF, EPUB and Kindle. Book excerpt: While the dominant approaches to the current study of political philosophy are various, with some friendlier to religious belief than others, almost all place constraints on the philosophic and political role of revelation. Mainstream secular political theorists do not entirely disregard religion. But to the extent that they pay attention, their treatment of religious belief is seen more as a political or philosophic problem to be addressed rather than as a positive body of thought from which we might derive important insights about the nature of politics and the truth of the human condition. In a one-of-a-kind collection, DeHart and Holloway bring together leading scholars from various fields, including political science, philosophy, and theology, to challenge the prevailing orthodoxy and to demonstrate the role that religion can and does play in political life. Contributing authors include such important thinkers as Peter Augustine Lawler, Robert C. Koons, J. Budziszewski, Francis J. Beckwith, and James Stoner.

Where Wisdom May Be Found

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Publisher : Wipf and Stock Publishers
ISBN 13 : 1498296106
Total Pages : 348 pages
Book Rating : 4.4/5 (982 download)

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Book Synopsis Where Wisdom May Be Found by : Edward P. Meadors

Download or read book Where Wisdom May Be Found written by Edward P. Meadors and published by Wipf and Stock Publishers. This book was released on 2019-08-29 with total page 348 pages. Available in PDF, EPUB and Kindle. Book excerpt: All Christian colleges and universities hail the integration of faith and learning as a premier mission objective. There is less agreement as to what the integration of faith and learning should look like in pedagogical and cross-disciplinary terms. This volume proposes that faith and learning are interrelated from the start. Discovery of truth within the academic disciplines cultivates discipline-specific wisdom that both accords with all reality and complements the whole counsel of God. Where Wisdom May Be Found brings together a faculty of twenty-seven accomplished voices from across curricula to celebrate each field’s capacity for revealing wisdom from all corners of God’s creative design. In synthesis, these voices declare the depth and richness of the wisdom and knowledge of God for the educational advancement and holistic equipping of the corporate people of God. Contributing authors: Dorothy Chappell, Hadley Mitchell, Kenman Wong, Russ Howell, Mike Guebert, James Ault, Clinton Arnold, Kevin Vanhoozer, Jeffry Davis, Cameron Anderson, Jim Bradley, Derek Schuurman, Kersten Priest, Leland Ryken, David Entwhistle, Stephen Contakes, Rick Kennedy, James Spiegel, Arnold Sikkema, Tony Payne, Jeff Greenman, Dave Wolf, Nathan Thielman, Paul DeHart, Angela Konrad, Brian Brock

Natural Law and Evangelical Political Thought

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Publisher : Lexington Books
ISBN 13 : 0739173235
Total Pages : 314 pages
Book Rating : 4.7/5 (391 download)

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Book Synopsis Natural Law and Evangelical Political Thought by : Jesse Covington

Download or read book Natural Law and Evangelical Political Thought written by Jesse Covington and published by Lexington Books. This book was released on 2012-11-16 with total page 314 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume explores the problems and prospects attending evangelical engagement with natural law as a key feature for political thought. Engaging theology, philosophy, political theory and biblical studies, many contributors are optimistic about the prospects of evangelical re-appropriation of natural law, but note ways in which evangelical commitments might lend distinctive shape to this engagement.

Research Handbook on Law and Emotion

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Publisher : Edward Elgar Publishing
ISBN 13 : 1788119088
Total Pages : 640 pages
Book Rating : 4.7/5 (881 download)

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Book Synopsis Research Handbook on Law and Emotion by : Susan A. Bandes

Download or read book Research Handbook on Law and Emotion written by Susan A. Bandes and published by Edward Elgar Publishing. This book was released on 2021-04-30 with total page 640 pages. Available in PDF, EPUB and Kindle. Book excerpt: This illuminating Research Handbook analyses the role that emotions play and ought to play in legal reasoning and practice, rejecting the simplistic distinction between reason and emotion.

Model Rules of Professional Conduct

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Publisher : American Bar Association
ISBN 13 : 9781590318737
Total Pages : 216 pages
Book Rating : 4.3/5 (187 download)

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Book Synopsis Model Rules of Professional Conduct by : American Bar Association. House of Delegates

Download or read book Model Rules of Professional Conduct written by American Bar Association. House of Delegates and published by American Bar Association. This book was released on 2007 with total page 216 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Model Rules of Professional Conduct provides an up-to-date resource for information on legal ethics. Federal, state and local courts in all jurisdictions look to the Rules for guidance in solving lawyer malpractice cases, disciplinary actions, disqualification issues, sanctions questions and much more. In this volume, black-letter Rules of Professional Conduct are followed by numbered Comments that explain each Rule's purpose and provide suggestions for its practical application. The Rules will help you identify proper conduct in a variety of given situations, review those instances where discretionary action is possible, and define the nature of the relationship between you and your clients, colleagues and the courts.

Rights

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Publisher : Routledge
ISBN 13 : 1351903136
Total Pages : 695 pages
Book Rating : 4.3/5 (519 download)

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Book Synopsis Rights by : Robin West

Download or read book Rights written by Robin West and published by Routledge. This book was released on 2017-03-02 with total page 695 pages. Available in PDF, EPUB and Kindle. Book excerpt: Rights brings together the most influential essays of the last thirty years critiquing and defending the liberal rights tradition. Modern 'rights critics' have focused on the perceived conflict between liberal rights and progressive or egalitarian political objectives, the preference of liberal states for negative over positive rights and also the dangers to community of the overly atomistic conception of human nature, which is arguably at the heart of the liberal rights tradition.

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.