Download or read book Ordered Liberty written by James E. Fleming and published by Harvard University Press. This book was released on 2013-01-01 with total page 482 pages. Available in PDF, EPUB and Kindle. Book excerpt: Many have argued in recent years that the U.S. constitutional system exalts individual rights over responsibilities, virtues, and the common good. Answering the charges against liberal theories of rights, James Fleming and Linda McClain develop and defend a civic liberalism that takes responsibilities and virtues—as well as rights—seriously. They provide an account of ordered liberty that protects basic liberties stringently, but not absolutely, and permits government to encourage responsibility and inculcate civic virtues without sacrificing personal autonomy to collective determination. The battle over same-sex marriage is one of many current controversies the authors use to defend their understanding of the relationship among rights, responsibilities, and virtues. Against accusations that same-sex marriage severs the rights of marriage from responsible sexuality, procreation, and parenthood, they argue that same-sex couples seek the same rights, responsibilities, and goods of civil marriage that opposite-sex couples pursue. Securing their right to marry respects individual autonomy while also promoting moral goods and virtues. Other issues to which they apply their idea of civic liberalism include reproductive freedom, the proper roles and regulation of civil society and the family, the education of children, and clashes between First Amendment freedoms (of association and religion) and antidiscrimination law. Articulating common ground between liberalism and its critics, Fleming and McClain develop an account of responsibilities and virtues that appreciates the value of diversity in our morally pluralistic constitutional democracy.
Download or read book Just War and Ordered Liberty written by Paul D. Miller and published by Cambridge University Press. This book was released on 2021-01-07 with total page 277 pages. Available in PDF, EPUB and Kindle. Book excerpt: When is war just? What does justice require? If we lack a commonly-accepted understanding of justice – and thus of just war – what answers can we find in the intellectual history of just war? Miller argues that just war thinking should be understood as unfolding in three traditions: the Augustinian, the Westphalian, and the Liberal, each resting on distinct understandings of natural law, justice, and sovereignty. The central ideas of the Augustinian tradition (sovereignty as responsibility for the common good) can and should be recovered and worked into the Liberal tradition, for which human rights serves the same function. In this reconstructed Augustinian Liberal vision, the violent disruption of ordered liberty is the injury in response to which force may be used and war may be justly waged. Justice requires the vindication and restoration of ordered liberty in, through, and after warfare.
Download or read book Liberty and Order written by Lance Banning and published by . This book was released on 2004 with total page 400 pages. Available in PDF, EPUB and Kindle. Book excerpt: Liberty and Order is an ambitious anthology of primary source writings: letters, circulars, debate transcriptions, House proceedings, and newspaper articles that document the years during which America's founding generation divided over the sort of country the United States was to become. The founders' arguments over the proper construction of the new Constitution, the political economy, the appropriate level of popular participation in a republican polity, foreign policy, and much else, not only contributed crucially to the shaping of the nineteenth-century United States, but also have remained of enduring interest to all historians of republican liberty. This anthology makes it possible to understand the grounds and development of the great collision, which pitted John Adams, Alexander Hamilton, and others who called themselves Federalists or, sometimes, the friends of order, against the opposition party led by Thomas Jefferson, James Madison, and their followers, in what emerged as the Jeffersonian Republican Party. Editor Lance Banning provides the reader with original-source explanations of early anti-Federalist feeling and Federalist concerns, beginning with the seventh letter from the 'Federal Farmer', in which the deepest fears of many opponents of the Constitution were expressed. He then selects from the House proceedings concerning the Bill of Rights and makes his way toward the public debates concerning the massive revolutionary debt acquired by the United States. The reader is able to examine the American reaction to the French Revolution and to the War of 1812, and to explore the founders' disagreements over both domestic and foreign policy. The collection ends on a somewhat melancholy note with the correspondence of Jefferson and Adams, who were, to some extent, reconciled to each other at the end of their political careers. Brief, elucidatory headnotes place both the novice and the expert in the midst of the times. - Back cover.
Download or read book Liberty Order and Justice written by James McClellan and published by . This book was released on 2000 with total page 664 pages. Available in PDF, EPUB and Kindle. Book excerpt: This new Liberty Fund edition of James McClellan's classic work on the quest for liberty, order, and justice in England and America includes the author's revisions to the original edition published in 1989 by the Center for Judicial Studies. Unlike most textbooks in American Government, Liberty, Order, and Justice seeks to familiarize the student with the basic principles of the Constitution, and to explain their origin, meaning, and purpose. Particular emphasis is placed on federalism and the separation of powers. These features of the book, together with its extensive and unique historical illustrations, make this new edition of Liberty, Order, and Justice especially suitable for introductory classes in American Government and for high school students in advanced placement courses.
Download or read book The American Experiment in Ordered Liberty written by John C. Pinheiro and published by Christian Social Thought Series. This book was released on 2019 with total page 132 pages. Available in PDF, EPUB and Kindle. Book excerpt: The question of whether Catholicism is compatible with the American project in liberal democracy remains contentious. Many contemporary Catholic writers and intellectuals answer in the negative. In this volume, Professor John Pinheiro brings historical expertise to the topic, assessing the merits of the American project by focusing on the founding period. He examines the views of the founders and the realities of early American culture in light of the principles of Catholic social teaching and finds no simple answer to the question of Catholic and American compatibility. For the American experiment was not the realization of an ideological agenda; instead, it was the practical outworking of a commitment to protect traditional liberties. These liberties were largely consistent with Catholic doctrine. If the American project is not perfect, neither is it beyond redemption. Pinheiro points out that the task given to Catholics is not to raze the institutions of religious and political liberty but instead to "redeem the time" by embracing good and opposing evil in our own day.
Download or read book Ordered Liberty written by James E. Fleming and published by Harvard University Press. This book was released on 2013-01-01 with total page 384 pages. Available in PDF, EPUB and Kindle. Book excerpt: Fleming and McClain defend a civic liberalism that takes seriously not just rights but responsibilities and virtues. Issues taken up include same-sex marriage, reproductive freedom, regulation of civil society and the family, education of children, and clashes between First Amendment freedoms of association and religion and antidiscrimination law.
Download or read book The Roots of American Order written by Russell Kirk and published by Simon and Schuster. This book was released on 2023-07-18 with total page 561 pages. Available in PDF, EPUB and Kindle. Book excerpt: What holds America together? In this classic work, Russell Kirk identifies the beliefs and institutions that have nurtured the American soul and commonwealth. Beginning with the Hebrew prophets, Kirk examines in dramatic fashion the sources of American order. His analytical narrative might be called a "tale of five cities": Jerusalem, Athens, Rome, London, and Philadelphia. For an understanding of the significance of America in the twenty-first century, Russell Kirk's masterpiece on the history of American civilization is unsurpassed.
Download or read book A Theory of Ordered Liberty written by William J. Zanardi and published by 40 Acres Press. This book was released on 2010-12-15 with total page 366 pages. Available in PDF, EPUB and Kindle. Book excerpt: It is one thing to assert that ordered liberty is indispensible to the preservation of open markets and democratic political orders; it is another to explain what ordered liberty is and how it emerges and endures. If an explanation of any phenomenon should be on the level of the best science of the day, then a study of ordered liberty should ask some hard questions. How do advances in the neurosciences alter how we understand and talk about liberty? How do we break our dependence on the residual language of faculty psychology, e.g. talk of free will, volition, reason or rational intellect? For that matter, how do we break free of the metaphors of an eighteenth-century mechanistic worldview, e.g. talk of determinisms and of mechanisms in the brain? This book answers these basic questions and in the process constructs a normative notion of liberty.
Download or read book The Concept of Ordered Liberty and the Common Law Due Process Tradition written by Matthew W. Lunder and published by Rowman & Littlefield. This book was released on 2021-01-12 with total page 285 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Concept of Ordered Liberty is a story of due process from the common-law tradition. Told through Supreme Court cases against a backdrop of political theory, legal philosophy and history, it illuminates a mid-twentieth-century dialectic between theories—liberal and conservative—for resolving controversies about state interference with personal liberties. So pervasive was the partisanship flowing from a riven body politic that every institution comprising the fabric of American society, including the federal courts, was soaked in it. But the ideological contest is not the story’s primary concern. More pertinent to our dilemma today is what the clash of ideologies eclipsed: a venerable judicial practice deeply rooted in American history and tradition. The moral of the story is in this praxis at its center and its understanding of the limits of legislative and judicial power. The modern liberal and conservative approaches to fundamental rights fall short of the tradition, having strayed from the common-law concept of ordered liberty. Readers will find a suprapartisan perspective on the federal courts’ obligation to resolve disputes about our Nation’s most controversial issues, and a critical reflection on the modern Supreme Court’s role in its politics.
Download or read book Engines of Liberty written by David Cole and published by Basic Books. This book was released on 2016-03-29 with total page 320 pages. Available in PDF, EPUB and Kindle. Book excerpt: From the national legal director of the ACLU, an essential guidebook for anyone seeking to stand up for fundamental civil liberties and rights One of Washington Post's Notable Nonfiction Books of 2016 In an age of executive overreach, what role do American citizens have in safeguarding our Constitution and defending liberty? Must we rely on the federal courts, and the Supreme Court above all, to protect our rights? In Engines of Liberty, the esteemed legal scholar David Cole argues that we all have a part to play in the grand civic dramas of our era--and in a revised introduction and conclusion, he proposes specific tactics for fighting Donald Trump's policies. Examining the most successful rights movements of the last thirty years, Cole reveals how groups of ordinary Americans confronting long odds have managed, time and time again, to convince the courts to grant new rights and protect existing ones. Engines of Liberty is a fundamentally new explanation of how our Constitution works and the part citizens play in it.
Download or read book The Structure of Liberty Justice and the Rule of Law written by Randy E. Barnett and published by Oxford University Press, USA. This book was released on 1998-04-02 with total page 363 pages. Available in PDF, EPUB and Kindle. Book excerpt: In this provocative and engaging new book, Randy Barnett outlines a powerful and original theory of liberty structured by the liberal conception of justice and the rule of law. Drawing on insights from philosophy, political theory, economics, and law, he shows how this new conception of liberty can confront, and solve, the central societal problems of knowledge, interest, and power. - ;What is liberty, as opposed to license, and why is it so important? When people pursue happiness, peace, and prosperity whilst living in society, they confront pervasive problems of knowledge, interest, and power. These problems are dealt with by ensuring the liberty of the people to pursue their own ends, but addressing these problems also requires that liberty be structured by certain rights and procedures associated with the classical liberal conception of justice and the rule of law. In this controversial new work, Barnett examines the serious social problems that are addressed by liberty and the background or `natural' rights and `rule of law' procedures that distinguish liberty from license. He goes on to outline the constitutional framework that is needed to protect this structure of liberty. This is the only discussion of the liberal conception of justice and the rule of law to draw upon insights from philosophy, economics, political theory, and law to describe comprehensively the vital social functions performed by adherence to these concepts. And, although the book is intended to challenge specialists, its clear and accessible prose ensure that it will be of immense value to both scholars and students working in a range of academic disciplines. -
Download or read book Active Liberty written by Stephen Breyer and published by Vintage. This book was released on 2007-12-18 with total page 176 pages. Available in PDF, EPUB and Kindle. Book excerpt: A brilliant new approach to the Constitution and courts of the United States by Supreme Court Justice Stephen Breyer.For Justice Breyer, the Constitution’s primary role is to preserve and encourage what he calls “active liberty”: citizen participation in shaping government and its laws. As this book argues, promoting active liberty requires judicial modesty and deference to Congress; it also means recognizing the changing needs and demands of the populace. Indeed, the Constitution’s lasting brilliance is that its principles may be adapted to cope with unanticipated situations, and Breyer makes a powerful case against treating it as a static guide intended for a world that is dead and gone. Using contemporary examples from federalism to privacy to affirmative action, this is a vital contribution to the ongoing debate over the role and power of our courts.
Download or read book Liberty Defined written by Ron Paul and published by Grand Central Publishing. This book was released on 2011-04-19 with total page 352 pages. Available in PDF, EPUB and Kindle. Book excerpt: In Liberty Defined, congressman and #1 New York Times bestselling author Ron Paul returns with his most provocative, comprehensive, and compelling arguments for personal freedom to date. The term "Liberty" is so commonly used in our country that it has become a mere cliché. But do we know what it means? What it promises? How it factors into our daily lives? And most importantly, can we recognize tyranny when it is sold to us disguised as a form of liberty? Dr. Paul writes that to believe in liberty is not to believe in any particular social and economic outcome. It is to trust in the spontaneous order that emerges when the state does not intervene in human volition and human cooperation. It permits people to work out their problems for themselves, build lives for themselves, take risks and accept responsibility for the results, and make their own decisions. It is the seed of America. This is a comprehensive guide to Dr. Paul's position on fifty of the most important issues of our times, from Abortion to Zionism. Accessible, easy to digest, and fearless in its discussion of controversial topics, LIBERTY DEFINED sheds new light on a word that is losing its shape.
Download or read book Liberty Equality Fraternity written by James Fitzjames Stephen and published by . This book was released on 1873 with total page 372 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book The Unconstitutionality of Slavery written by Lysander Spooner and published by ReadHowYouWant.com. This book was released on 1845 with total page 168 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Law Order and Liberty written by Marita Carnelley and published by University of Kwazulu Natal Press. This book was released on 2011 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Law, Order and Liberty: Essays in Honour of Tony Mathews pays tribute to an academic and activist who has profoundly influenced South African law through his books and journal articles on democracy and human rights. Tony Mathews' compelling defense of the rule of law and his unremitting championing of the cause of human rights inspired a generation of law students and practitioners in the darkest days of apartheid. His untimely death just prior to the inception of constitutional democracy in South Africa deprived this nation of one of its most incisive legal minds. In honor of Mathews' rich intellectual legacy, this book has assembled contributions - principally focusing on administrative law and justice - from a number of eminent scholars whom were influenced and encouraged by his work. As the book makes abundantly clear, Mathews' principled and powerful critique of the apartheid laws that negated human rights - and eviscerated the legitimacy of the South African legal system - remains as a monument to both his moral courage and his legal brilliance. This tribute is a reminder of the debt owed to Tony Mathews, and it is a rousing and spirited defense of values that Mathews' upheld with such clarity and conviction.
Download or read book A Brief History of Crime written by Peter Hitchens and published by . This book was released on 2003 with total page 344 pages. Available in PDF, EPUB and Kindle. Book excerpt: Crime is a political football - both left and right are terrified of seeming soft on the issue, but for all their efforts, or apparent efforts, crime rates continue to rise. Clearly something needs to be done. But what? Peter Hitchens argues that the time has come to re-examine the criminal justice system root and branch - to cope with rising levels of violent crime, and to restore public faith in society's ability to defend itself. Whatever you think of the solutions Hitchens suggests to this problem, you can be sure that they will excite controversy.
