Download or read book Morality Political Economy and American Constitutionalism written by Timothy P. Roth and published by Edward Elgar Publishing. This book was released on 2007-01-01 with total page 205 pages. Available in PDF, EPUB and Kindle. Book excerpt: The book goes on to explore and expound the Founders¿ desire to promote respect for the moral law, their appreciation of the reciprocal relationship between morality and law, andtheir commitment to the promotion of justice in the sense of impartial institutions; ideas which find expression in contractarian, constitutional political economy.
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 304 pages. Available in PDF, EPUB and Kindle. Book excerpt: Americans are increasingly ruled by an unwritten constitution consisting of executive orders, signing statements, and other forms of quasi-law that lack the predictability and consistency essential for the legal system to function properly. As a result, the U.S. 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. These developments can be traced back to a change in “constitutional morality,” Bruce Frohnen and George Carey argue in this challenging book. The principle of separation of powers among co-equal branches of government formed the cornerstone of America’s original constitutional morality. But toward the end of the nineteenth century, Progressives began to attack this bedrock principle, believing that it impeded government from “doing the people’s business.” The regime of mixed powers, delegation, and expansive legal interpretation they instituted rejected the ideals of limited government that had given birth to the Constitution. Instead, Progressives promoted a governmental model rooted in French revolutionary claims. They replaced a Constitution designed to mediate among society’s different geographic and socioeconomic groups with a body of quasi-laws commanding the democratic reformation of society. Pursuit of this Progressive vision has become ingrained in American legal and political culture—at the cost, according to Frohnen and Carey, of the constitutional safeguards that preserve the rule of law.
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.
Download or read book The American Political Economy written by Jacob S. Hacker and published by Cambridge University Press. This book was released on 2021-11-11 with total page 487 pages. Available in PDF, EPUB and Kindle. Book excerpt: Drawing together leading scholars, the book provides a revealing new map of the US political economy in cross-national perspective.
Download or read book American Citizenship and Constitutionalism in Principle and Practice written by Steven F. Pittz and published by University of Oklahoma Press. This book was released on 2022-01-13 with total page 372 pages. Available in PDF, EPUB and Kindle. Book excerpt: Questions at the very heart of the American experiment—about what the nation is and who its people are—have lately assumed a new, even violent urgency. As the most fundamental aspects of American citizenship and constitutionalism come under ever more powerful pressure, and as the nation’s politics increasingly give way to divisive, partisan extremes, this book responds to the critical political challenge of our time: the need to return to some conception of shared principles as a basis for citizenship and a foundation for orderly governance. In various ways and from various perspectives, this volume’s authors locate these principles in the American practice of citizenship and constitutionalism. Chapters in the book’s first part address critical questions about the nature of U.S. citizenship; subsequent essays propose a rethinking of traditional notions of citizenship in light of the new challenges facing the country. With historical and theoretical insights drawn from a variety of sources—ranging from Montesquieu, John Adams, and Henry Clay to the transcendentalists, Cherokee freedmen, and modern identitarians—American Citizenship and Constitutionalism in Principle and Practice makes the case that American constitutionalism, as shaped by several centuries of experience, can ground a shared notion of American citizenship. To achieve widespread agreement in our fractured polity, this notion may have to be based on “thin” political principles, the authors concede; yet this does not rule out the possibility of political community. By articulating notions of citizenship and constitutionalism that are both achievable and capable of fostering solidarity and a common sense of purpose, this timely volume drafts a blueprint for the building of a genuinely shared political future.
Download or read book A Global Political Morality written by Michael J. Perry and published by Cambridge University Press. This book was released on 2017-04-03 with total page 328 pages. Available in PDF, EPUB and Kindle. Book excerpt: In A Global Political Morality, Michael J. Perry addresses several related questions in human rights theory, political theory and constitutional theory. He begins by explaining what the term 'human right' means and then elaborates and defends the morality of human rights, which is the first truly global morality in human history. Perry also pursues the implications of the morality of human rights for democratic governance and for the proper role of courts - especially the US Supreme Court - in protecting constitutionally entrenched human rights. The principal constitutional controversies discussed in the book are capital punishment, race-based affirmative action, same-sex marriage, physician-assisted suicide and abortion.
Download or read book The Ethics and the Economics of Minimalist Government written by Timothy P. Roth and published by Edward Elgar Publishing. This book was released on 2002 with total page 152 pages. Available in PDF, EPUB and Kindle. Book excerpt: This text aims to show that social welfare theory, as defended by welfare economists and policymakers, is based on a confused and untenable moral theory, is incompatible with a rights-based legal order and is bound to promote unjust and arbitary redistributions. By advocating a return to the Kantian conception of the moral agent, it aims to show the way to a normative economics that harmonizes with both intuitive morality and the American legal and constitutional tradition.
Download or read book Principles of Moral and Political Economy written by O. Jones and published by Forgotten Books. This book was released on 2015-06-17 with total page 196 pages. Available in PDF, EPUB and Kindle. Book excerpt: Excerpt from Principles of Moral and Political Economy The need of a work on this subject, not written to sustain the interests of a class, is the only reason, if one need be given, for this attempt. All the works examined on the subject treat only of "political economy" or "moral philosophy." We have these ad infinitum - economys of "supply and demand," "debt and credit," but in the main of debt. The above title is chosen for the reason that in all the works examined, the two subjects have been studiously divorced, and for the self-evident fact, that the "political economy" of the old schools is bereft all humane or moral sentiment. In a true sense no "economy" is politic that is not moral, or any moral that is not political. In many instances we have strayed so far from fundamental and just principles, we seem as a nation, to have lost moral perception and the points of the moral compass. We ask all earnest, patriotic right thinking persons to go to the sun dial of the moral and political world and then let us as citizens take our moral and political reckoning. Let us apply to ourselves, the only safe rule of human conduct, in all ages, climes and conditions of life, the rule laid down in the twelve words: "Do unto others as ye would that they should do unto you." To show that this rule is the underlying principle of our social compact and constitution and the only enduring rule of conduct that can preserve society and civilization in a dense population, is the aim in this little work. That rule is the only one that can act as a lubricant and prevent heating, at the centers of population amid the friction of multiplied clashing pressed and compressed interests. The intelligent reader of history must have observed that all types and degrees of civilization in all ages, have only endured, until a certain State of development and density of population was reached: and then the dissolute, immoral and oppressive conduct of one class resting and grinding upon another by the friction of clashing interests caused the whole fabric to ignite and burn, with civil strife and commotion to its own destruction. So it was with Chaldean, Persian, Medo Persian, Greek and Roman civilization. Christian civilization is just now going into the crucible test of dense population - that is the test of a nation's morality. The material question, with modern Christian civilization - at its centers is, not how wide shall its national boundaries be, but how full can it fill them. The era of conquest and acquisition of territory has passed, the era of filling up has come. The history of the nations of antiquity shows, that while they had room to extend their territory, they prospered after a fashion. About the Publisher Forgotten Books publishes hundreds of thousands of rare and classic books. Find more at www.forgottenbooks.com This book is a reproduction of an important historical work. Forgotten Books uses state-of-the-art technology to digitally reconstruct the work, preserving the original format whilst repairing imperfections present in the aged copy. In rare cases, an imperfection in the original, such as a blemish or missing page, may be replicated in our edition. We do, however, repair the vast majority of imperfections successfully; any imperfections that remain are intentionally left to preserve the state of such historical works.
Download or read book An Economic Interpretation of the Constitution of the United States written by Charles Beard and published by . This book was released on 2017 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: "In his piercing introduction to An Economic Interpretation the author wrote that 'whoever leaves economic pressures out of history or out of discussion of public questions is in mortal peril of substituting mythology for reality.' It was Beard's view that the founding fathers, especially Madison, Jay, and Hamilton, never made such a miscalculation. Indeed, these statesmen placed themselves among the great practitioners of all ages and gave instructions to succeeding generations in the art of government by their vigorous deployment of classical political economy.In this new printing of a major classic in American historiography, Louis Filler provides a sense of the person behind the book, the background that enabled Beard to move well beyond the shibboleths of the second decade of the twentieth century. While the controversies over Beard's book have quieted, the issues which it raised have hardly abated. Indeed, one can say that just about every major work in the politics and economics of the American nation must contend with Beard's classic work. Beard's work rests on an examination of primary documents: land and slave owners, geographic distribution of money, ownership of public securities, the specific condition of those who were disenfranchised as well as those who were in charge of the nascent American economy.The great merit of Beard's work is that despite its incendiary potential, he himself viewed An Economic Interpretation in coldly analytical terms, seeing such a position as giving comfort to neither revolutionaries nor reactionaries. Attacked by Marxists for being too mechanical, and by conservatives as being blind to the moral purposes of the framers of the constitution, the work continues to exercise a tremendous influence on all concerned. The fact that Beard wrote with a scalpel-like precision that gripped the attention of those in power no less than the common man is, it should be added, no small element in the enduring forces of this work."--Provided by publisher.
Download or read book The Reason of Rules written by Geoffrey Brennan and published by Cambridge University Press. This book was released on 2008-08-28 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Societies function on the basis of rules. These rules, rather like the rules of the road, coordinate the activities of individuals who have a variety of goals and purposes. Whether the rules work well or ill, and how they can be made to work better, is a matter of major concern. Appropriately interpreted, the working of social rules is also the central subject matter of modern political economy. This book is about rules - what they are, how they work, and how they can be properly analysed. The authors' objective is to understand the workings of alternative political institutions so that choices among such institutions (rules) can be more fully informed. Thus, broadly defined, the methodology of constitutional political economy is the subject matter of The Reason of Rules. The authors have examined how rules for political order work, how such rules might be chosen, and how normative criteria for such choices might be established.
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.
Download or read book A Moral Political Economy written by Federica Carugati and published by Cambridge University Press. This book was released on 2021-06-24 with total page 151 pages. Available in PDF, EPUB and Kindle. Book excerpt: Economies - and the government institutions that support them - reflect a moral and political choice, a choice we can make and remake. Since the dawn of industrialization and democratization in the late eighteenth century, there has been a succession of political economic frameworks, reflecting changes in technology, knowledge, trade, global connections, political power, and the expansion of citizenship. The challenges of today reveal the need for a new moral political economy that recognizes the politics in political economy. It also requires the redesign of our social, economic, and governing institutions based on assumptions about humans as social beings rather than narrow self-serving individualists. This Element makes some progress toward building a new moral political economy by offering both a theory of change and some principles for institutional (re)design.
Download or read book Principles of Political Economy written by John Stuart Mill and published by . This book was released on 1882 with total page 632 pages. Available in PDF, EPUB and Kindle. Book excerpt:
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:
Download or read book Latin American Constitutionalism 1810 2010 written by Roberto Gargarella and published by . This book was released on 2013-08-29 with total page 298 pages. Available in PDF, EPUB and Kindle. Book excerpt: This study of 200 years of Latin American constitutionalism (1810-2010) both presents a description and a critical analysis of what Latin Americans did with their Constitutions during those years.
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 The Oxford Handbook of Latin American Political Economy written by Javier Santiso and published by OUP USA. This book was released on 2012-05-09 with total page 633 pages. Available in PDF, EPUB and Kindle. Book excerpt: Understanding Latin America's recent economic performance calls for a multidisciplinary analysis. This handbook looks at the interaction of economics and politics in the region and includes a number of contributions from top academic experts who have also served as key policy makers (a former president, ministers of finance, a central bank governor), reflecting upon the challenges of reform.
