Moral Foundations Of Constitutional Thought

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Moral Foundations of Constitutional Thought

Author : Graham Walker
Publisher : Princeton University Press
ISBN 13 : 1400861446
Total Pages : 200 pages
Book Rating : 4.4/5 (8 download)

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Book Synopsis Moral Foundations of Constitutional Thought by : Graham Walker

Download or read book Moral Foundations of Constitutional Thought written by Graham Walker and published by Princeton University Press. This book was released on 2014-07-14 with total page 200 pages. Available in PDF, EPUB and Kindle. Book excerpt: Graham Walker boldly recasts the debate over issues like constitutional interpretation and judicial review, and challenges contemporary thinking not only about specifically constitutional questions but also about liberalism, law, justice, and rights. Walker targets the "skeptical" moral nihilism of leading American judges and writers, on both the political left and right, charging that their premises undermine the authority of the Constitution, empty its moral words of any determinate meaning, and make nonsense of ostensibly normative theories. But he is even more worried about those who desire to conduct constitutional government by direct recourse to an authoritative moral truth. Augustine's political ethics, Walker argues, offers a solution--a way to embrace substantive goodness while relativizing its embodiment in politics and law. Walker sees in Augustinian theory an understanding of the rule of law that prevents us from mistaking law for moral truth. Pointing out how the tensions in that theory resonate with the normative ambivalence of America's liberal constitutionalism, he shows that Augustine can provide successful but decidedly nonliberal grounds for the artifices and compromises characteristic of law in a liberal state. Originally published in 1990. 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.

Tradition and Morality in Constitutional Law

Author : Robert H. Bork
Publisher : American Enterprise Institute Press
ISBN 13 :
Total Pages : 32 pages
Book Rating : 4.3/5 (91 download)

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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:

Social Justice

Author : Madison Powers
Publisher : Oxford University Press
ISBN 13 : 0199705194
Total Pages : 244 pages
Book Rating : 4.1/5 (997 download)

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Book Synopsis Social Justice by : Madison Powers

Download or read book Social Justice written by Madison Powers and published by Oxford University Press. This book was released on 2008-09-25 with total page 244 pages. Available in PDF, EPUB and Kindle. Book excerpt: In bioethics, discussions of justice have tended to focus on questions of fairness in access to health care: is there a right to medical treatment, and how should priorities be set when medical resources are scarce. But health care is only one of many factors that determine the extent to which people live healthy lives, and fairness is not the only consideration in determining whether a health policy is just. In this pathbreaking book, senior bioethicists Powers and Faden confront foundational issues about health and justice.

The Legal Basis for a Moral Constitution

Author : Jenna Ellis Esq.
Publisher : WestBow Press
ISBN 13 : 151272274X
Total Pages : 249 pages
Book Rating : 4.5/5 (127 download)

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Book Synopsis The Legal Basis for a Moral Constitution by : Jenna Ellis Esq.

Download or read book The Legal Basis for a Moral Constitution written by Jenna Ellis Esq. and published by WestBow Press. This book was released on 2015-12-22 with total page 249 pages. Available in PDF, EPUB and Kindle. Book excerpt: America is in the midst of a cultural and constitutional law crisis that began more than sixty years ago and was further exacerbated by the 2015 Supreme Court same-sex marriage decision. How did we become a culture that lacks objective morality and embraces secular ideas, hinging on the majority whim of nine justices? How do we get back to being a biblically moral, upright society and recognizing the U.S. Constitution as supreme law of the land? In The Legal Basis for a Moral Constitution, Jenna Ellis makes a compelling case for the true roots of America’s Founding Documents in objective morality and how our system of government is founded upon the Christian worldview and God’s unchanging law, not a secular humanist worldview. She provides a unique perspective of the Founding Fathers as lawyers and how they understood the legitimate authority of biblical truth and appealed directly to God’s law for the foundation of America. Weaving together the legal history and underpinning worldview shifts in American culture, Ellis advocates how Christians must change the basic reasoning of our appeal and effectively engage our culture. Finally, she proposes the solution to reclaim objective, biblical morality in law that the Founders themselves provided for through Article V of the U.S. Constitution. This book is for every Christian who seeks to understand the times and our constitutional and cultural crisis.

The Moral Foundations of Politics

Author : Ian Shapiro
Publisher : Yale University Press
ISBN 13 : 0300189753
Total Pages : 303 pages
Book Rating : 4.3/5 (1 download)

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Book Synopsis The Moral Foundations of Politics by : Ian Shapiro

Download or read book The Moral Foundations of Politics written by Ian Shapiro and published by Yale University Press. This book was released on 2012-10-30 with total page 303 pages. Available in PDF, EPUB and Kindle. Book excerpt: When do governments merit our allegiance, and when should they be denied it? Ian Shapiro explores this most enduring of political dilemmas in this innovative and engaging book. Building on his highly popular Yale courses, Professor Shapiro evaluates the main contending accounts of the sources of political legitimacy. Starting with theorists of the Enlightenment, he examines the arguments put forward by utilitarians, Marxists, and theorists of the social contract. Next he turns to the anti-Enlightenment tradition that stretches from Edmund Burke to contemporary post-modernists. In the last part of the book Shapiro examines partisans and critics of democracy from Plato’s time until our own. He concludes with an assessment of democracy’s strengths and limitations as the font of political legitimacy. The book offers a lucid and accessible introduction to urgent ongoing conversations about the sources of political allegiance.

The Moral Foundation of Democracy

Author : John H. Hallowell
Publisher : Amagi Books
ISBN 13 : 9780865976696
Total Pages : 0 pages
Book Rating : 4.9/5 (766 download)

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Book Synopsis The Moral Foundation of Democracy by : John H. Hallowell

Download or read book The Moral Foundation of Democracy written by John H. Hallowell and published by Amagi Books. This book was released on 2007 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Hallowell makes a significant argument in favour of the importance of moral values in the orderly functioning of modern democracies. Hallowell begins with a survey of the role that classical liberalism and faith in man as a reasonable, moral, and spiritual actor played in the emergence of democratic self-government. He sharply criticises positivist thought and moral relativism as direct challenges to the notion that transcendent truths guide individuals in their actions and influence how people participate in a democratic society. Hallowell reminds us that at its core, a well-functioning democracy must be based on a fundamental respect for the dignity of the individual.

The Metaethics of Constitutional Adjudication

Author : Boško Tripković
Publisher : Oxford University Press
ISBN 13 : 0198808089
Total Pages : 273 pages
Book Rating : 4.1/5 (988 download)

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Book Synopsis The Metaethics of Constitutional Adjudication by : Boško Tripković

Download or read book The Metaethics of Constitutional Adjudication written by Boško Tripković and published by Oxford University Press. This book was released on 2017 with total page 273 pages. Available in PDF, EPUB and Kindle. Book excerpt: Food, water, health, housing, and education are fundamental to human freedom and dignity, yet only recently have legal systems begun to secure these fundamental individual interests as rights. This book analyses the transformation of socio-economic rights into constitutional rights, and their impact on public law and constitutional theory.

The Legal Foundations of Inequality

Author : Roberto Gargarella
Publisher : Cambridge University Press
ISBN 13 : 1139485989
Total Pages : 287 pages
Book Rating : 4.1/5 (394 download)

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Book Synopsis The Legal Foundations of Inequality by : Roberto Gargarella

Download or read book The Legal Foundations of Inequality written by Roberto Gargarella and published by Cambridge University Press. This book was released on 2010-04-12 with total page 287 pages. Available in PDF, EPUB and Kindle. Book excerpt: The long revolutionary movements that gave birth to constitutional democracies in the Americas were founded on egalitarian constitutional ideals. They claimed that all men were created equal with similar capacities and also that the community should become self-governing. Following the first constitutional debates that took place in the region, these promising egalitarian claims, which gave legitimacy to the revolutions, soon fell out of favor. Advocates of a conservative order challenged both ideals and favored constitutions that established religion and created an exclusionary political structure. Liberals proposed constitutions that protected individual autonomy and rights but established severe restrictions on the principle of majority rule. Radicals favored an openly majoritarian constitutional organization that, according to many, directly threatened the protection of individual rights. This book examines the influence of these opposite views during the 'founding period' of constitutionalism in countries including the United States, Argentina, Colombia, Chile, Ecuador, Mexico, Peru, and Venezuela.

Dred Scott and the Problem of Constitutional Evil

Author : Mark A. Graber
Publisher : Cambridge University Press
ISBN 13 : 9781139457071
Total Pages : 300 pages
Book Rating : 4.4/5 (57 download)

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Book Synopsis Dred Scott and the Problem of Constitutional Evil by : Mark A. Graber

Download or read book Dred Scott and the Problem of Constitutional Evil written by Mark A. Graber and published by Cambridge University Press. This book was released on 2006-07-03 with total page 300 pages. Available in PDF, EPUB and Kindle. Book excerpt: Dred Scott and the Problem of Constitutional Evil , first published in 2006, concerns what is entailed by pledging allegiance to a constitutional text and tradition saturated with concessions to evil. The Constitution of the United States was originally understood as an effort to mediate controversies between persons who disputed fundamental values, and did not offer a vision of the good society. In order to form a 'more perfect union' with slaveholders, late-eighteenth-century citizens fashioned a constitution that plainly compelled some injustices and was silent or ambiguous on other questions of fundamental right. This constitutional relationship could survive only as long as a bisectional consensus was required to resolve all constitutional questions not settled in 1787. Dred Scott challenges persons committed to human freedom to determine whether antislavery northerners should have provided more accommodations for slavery than were constitutionally strictly necessary or risked the enormous destruction of life and property that preceded Lincoln's new birth of freedom.

The Pivotal Generation

Author : Henry Shue
Publisher : Princeton University Press
ISBN 13 : 0691226245
Total Pages : 202 pages
Book Rating : 4.6/5 (912 download)

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Book Synopsis The Pivotal Generation by : Henry Shue

Download or read book The Pivotal Generation written by Henry Shue and published by Princeton University Press. This book was released on 2022-01-11 with total page 202 pages. Available in PDF, EPUB and Kindle. Book excerpt: "We all recognize that climate change is a supremely important issue of our time, which requires both trans-national and trans-generational collaboration and shared responsibility. What we haven't yet fully appreciated, argues political philosopher Henry Shue, are the ethical considerations surrounding the fact that the next one or two decades will determine whether climate change, which already has led us to dangerous effects, will surge into inescapably disastrous effects. The people alive today thus represent a pivotal generation in human history. For the past two centuries humans have undermined our climate at an increasing rate, in ways that the present generations are the first to fully understand, and the last to be able to reverse. But our responsibility for decisive and immediate action rests on three special features of the relation of our present to the future, that many have failed to realize (1) future generations face dangers greater than ours even if we act robustly, (2) the worsening dangers for future generations are currently without limit, and (3) a less robust effort by us is likely to allow climate change to pass critical tipping points for severely worse and potentially unavoidable future dangers. Shue, a renowned scholar of ethics, politics and international relations who has been studying the ethics of climate change for the last two decades, guides us through what our ethical responsibilities to others are, both across the world but especially over time, and what those commitments require us to do in addressing the climate change crisis, now and forcefully"--

Foundations of Modern International Thought

Author : David Armitage
Publisher : Cambridge University Press
ISBN 13 : 0521807077
Total Pages : 313 pages
Book Rating : 4.5/5 (218 download)

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Book Synopsis Foundations of Modern International Thought by : David Armitage

Download or read book Foundations of Modern International Thought written by David Armitage and published by Cambridge University Press. This book was released on 2013 with total page 313 pages. Available in PDF, EPUB and Kindle. Book excerpt: This insightful and wide-ranging volume traces the genesis of international intellectual thought, connecting international and global history with intellectual history.

Freedom's Right

Author : Axel Honneth
Publisher : John Wiley & Sons
ISBN 13 : 0745680062
Total Pages : 441 pages
Book Rating : 4.7/5 (456 download)

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Book Synopsis Freedom's Right by : Axel Honneth

Download or read book Freedom's Right written by Axel Honneth and published by John Wiley & Sons. This book was released on 2014-03-11 with total page 441 pages. Available in PDF, EPUB and Kindle. Book excerpt: The theory of justice is one of the most intensely debated areas of contemporary philosophy. Most theories of justice, however, have only attained their high level of justification at great cost. By focusing on purely normative, abstract principles, they become detached from the sphere that constitutes their “field of application” - namely, social reality. Axel Honneth proposes a different approach. He seeks to derive the currently definitive criteria of social justice directly from the normative claims that have developed within Western liberal democratic societies. These criteria and these claims together make up what he terms “democratic ethical life”: a system of morally legitimate norms that are not only legally anchored, but also institutionally established. Honneth justifies this far-reaching endeavour by demonstrating that all essential spheres of action in Western societies share a single feature, as they all claim to realize a specific aspect of individual freedom. In the spirit of Hegel’s Philosophy of Right and guided by the theory of recognition, Honneth shows how principles of individual freedom are generated which constitute the standard of justice in various concrete social spheres: personal relationships, economic activity in the market, and the political public sphere. Honneth seeks thereby to realize a very ambitious aim: to renew the theory of justice as an analysis of society.

Keeping Faith with the Constitution

Author : Goodwin Liu
Publisher : Oxford University Press
ISBN 13 : 0199752834
Total Pages : 274 pages
Book Rating : 4.1/5 (997 download)

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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 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.

Popular Sovereignty in Early Modern Constitutional Thought

Author : Daniel Lee
Publisher : Oxford University Press
ISBN 13 : 0191062456
Total Pages : 394 pages
Book Rating : 4.1/5 (91 download)

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Book Synopsis Popular Sovereignty in Early Modern Constitutional Thought by : Daniel Lee

Download or read book Popular Sovereignty in Early Modern Constitutional Thought written by Daniel Lee and published by Oxford University Press. This book was released on 2016-02-18 with total page 394 pages. Available in PDF, EPUB and Kindle. Book excerpt: Popular sovereignty - the doctrine that the public powers of state originate in a concessive grant of power from "the people" - is the cardinal doctrine of modern constitutional theory, placing full constitutional authority in the people at large, rather than in the hands of judges, kings, or a political elite. This book explores the intellectual origins of this influential doctrine and investigates its chief source in late medieval and early modern thought - the legal science of Roman law. Long regarded the principal source for modern legal reasoning, Roman law had a profound impact on the major architects of popular sovereignty such as François Hotman, Jean Bodin, and Hugo Grotius. Adopting the juridical language of obligations, property, and personality as well as the classical model of the Roman constitution, these jurists crafted a uniform theory that located the right of sovereignty in the people at large as the legal owners of state authority. In recovering the origins of popular sovereignty, the book demonstrates the importance of the Roman law as a chief source of modern constitutional thought.

Hannah Arendt and Isaiah Berlin

Author : Kei Hiruta
Publisher : Princeton University Press
ISBN 13 : 0691226121
Total Pages : 288 pages
Book Rating : 4.6/5 (912 download)

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Book Synopsis Hannah Arendt and Isaiah Berlin by : Kei Hiruta

Download or read book Hannah Arendt and Isaiah Berlin written by Kei Hiruta and published by Princeton University Press. This book was released on 2023-11-21 with total page 288 pages. Available in PDF, EPUB and Kindle. Book excerpt: For the first time, the full story of the conflict between two of the twentieth century’s most important thinkers—and the lessons their disagreements continue to offer Two of the most iconic thinkers of the twentieth century, Hannah Arendt (1906–1975) and Isaiah Berlin (1909–1997) fundamentally disagreed on central issues in politics, history and philosophy. In spite of their overlapping lives and experiences as Jewish émigré intellectuals, Berlin disliked Arendt intensely, saying that she represented “everything that I detest most,” while Arendt met Berlin’s hostility with indifference and suspicion. Written in a lively style, and filled with drama, tragedy and passion, Hannah Arendt and Isaiah Berlin tells, for the first time, the full story of the fraught relationship between these towering figures, and shows how their profoundly different views continue to offer important lessons for political thought today. Drawing on a wealth of new archival material, Kei Hiruta traces the Arendt–Berlin conflict, from their first meeting in wartime New York through their widening intellectual chasm during the 1950s, the controversy over Arendt’s 1963 book Eichmann in Jerusalem, their final missed opportunity to engage with each other at a 1967 conference and Berlin’s continuing animosity toward Arendt after her death. Hiruta blends political philosophy and intellectual history to examine key issues that simultaneously connected and divided Arendt and Berlin, including the nature of totalitarianism, evil and the Holocaust, human agency and moral responsibility, Zionism, American democracy, British imperialism and the Hungarian Revolution. But, most of all, Arendt and Berlin disagreed over a question that goes to the heart of the human condition: what does it mean to be free?

Morality Without God?

Author : Walter Sinnott-Armstrong
Publisher : OUP USA
ISBN 13 : 0195337638
Total Pages : 193 pages
Book Rating : 4.1/5 (953 download)

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Book Synopsis Morality Without God? by : Walter Sinnott-Armstrong

Download or read book Morality Without God? written by Walter Sinnott-Armstrong and published by OUP USA. This book was released on 2009-07-02 with total page 193 pages. Available in PDF, EPUB and Kindle. Book excerpt: A common refrain against atheism and secular humanism is that without belief in God, "everything is permitted." Walter Sinnott-Armstrong dismantles this argument and argues instead that God is not only not essential to morality, but that our moral behavior should be seen as utterly independent of religion. This short, accessible book is on a major aspect of the arguments against atheism and will interest those intrigued by the "new atheism" (Harris, Dawkins, etc).

God and Man in the Law

Author : Robert Lowry Clinton
Publisher :
ISBN 13 :
Total Pages : 320 pages
Book Rating : 4.3/5 (91 download)

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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.