Download or read book Constitutional Illusions and Anchoring Truths written by Hadley Arkes and published by Cambridge University Press. This book was released on 2010-05-31 with total page 281 pages. Available in PDF, EPUB and Kindle. Book excerpt: Arkes re-examines legal cases and concepts long thought settled, finding that their meaning is far less clear than commonly accepted.
Download or read book Natural Rights and the Right to Choose written by Hadley Arkes and published by Cambridge University Press. This book was released on 2002-09-02 with total page 326 pages. Available in PDF, EPUB and Kindle. Book excerpt: Publisher Description
Download or read book Beyond the Constitution written by Hadley Arkes and published by Princeton University Press. This book was released on 1992-09-28 with total page 296 pages. Available in PDF, EPUB and Kindle. Book excerpt: Hadley Arkes argues that it is necessary to move "beyond the Constitution," to the principles that stood antecedent to the text, if we are to understand the text and apply the Constitution to the cases that arise every day in our law.
Download or read book The Return of George Sutherland written by Hadley Arkes and published by Princeton University Press. This book was released on 1997-04-22 with total page 316 pages. Available in PDF, EPUB and Kindle. Book excerpt: From Amherst College, Hadley Arkes seeks to restore, for a new generation, the jurisprudence of the late Justice of the Supreme Court George Sutherlandone anchored in the understanding of natural rights. Arkes argues that if both liberals and conservatives would study the writings of George Sutherland, with unclouded eyes, both groups would set aside their differences and return to the moral ground of their jurisprudence.
Download or read book Universal Rights and the Constitution written by Stephen A. Simon and published by State University of New York Press. This book was released on 2014-03-11 with total page 198 pages. Available in PDF, EPUB and Kindle. Book excerpt: Are constitutional rights based exclusively in uniquely American considerations, or are they based at least in part on principles that transcend the boundaries of any particular country, such as the requirements of freedom or dignity? By viewing constitutional law through the prism of this fundamental question, Universal Rights and the Constitution exposes an overlooked difficulty with opinions rendered by the Supreme Court, namely, an inherent ambiguity about the kinds of arguments that count in constitutional interpretation, which weakens the foundations of our most cherished rights. Rejecting current debates over constitutional interpretation as flawed, Stephen A. Simon offers an innovative framework designed to provide clearer foundations for rights interpretations while preserving a meaningful but limited role for universal arguments. He reveals the vital connections among contemporary debates over such matters as the right to privacy, the constitutionality of the death penalty, and the role of foreign law in constitutional interpretation.
Download or read book Democracy and Moral Conflict written by Robert B. Talisse and published by Cambridge University Press. This book was released on 2009-09-10 with total page 217 pages. Available in PDF, EPUB and Kindle. Book excerpt: If confronted with a democratic result they regard as intolerable, should citizens revolt or pursue democratic means of social change?
Download or read book Justice Stephen Field s Cooperative Constitution of Liberty written by Adam M. Carrington and published by Rowman & Littlefield. This book was released on 2017-06-30 with total page 199 pages. Available in PDF, EPUB and Kindle. Book excerpt: This bookexamines liberty’s Constitutional meaning through the jurisprudence of Justice Stephen Field, one of the late-Nineteenth Century’s most influential Supreme Court Justices. A Lincoln appointee who served on the Court from 1863-1897, Field articulated a view of Constitutional liberty that speaks to contemporary disputes. Today, some see liberty as protection through government regulation against private oppression. Others see liberty as protection from government through limits on governmental power. Justice Field is often viewed as siding against government power to regulate, acting as a pre-cursor to the infamous “Lochner”Era of the Court. This work explains how Field instead saw both these competing conceptions of liberty as legitimate. In fact, the two cooperated toward a common end. In his opinions, Field argued that protections through and from government worked in tandem to guard fundamental individual rights. In describing this view of liberty, Field addressed key Constitutional provisions that remain a source of debate, including some of the earliest interpretations of the Due Process Clause, its relationship to state police power and civil rights, and some of the earliest assertions of a national police power through the Commerce Clause. This work furthermore addresses the underpinnings of Field’s views, namely that he grounded his reading of the Constitution in the context of the common law and the Declaration of Independence. In his principles as well as his approach, this book argues, Justice Field presents a helpful discussant in ongoing debates regarding the meaning of liberty and of the Constitution.
Download or read book Making Sense of the Constitution written by Walter M Frank and published by SIU Press. This book was released on 2012-03-22 with total page 329 pages. Available in PDF, EPUB and Kindle. Book excerpt: In Making Sense of the Constitution: A Primer on the Supreme Court and Its Struggle to Apply Our Fundamental Law, Walter Frank tackles in a comprehensive but lively manner subjects rarely treated in one volume. Aiming at both the general reader and students of political science, law, or history, Frank begins with a brief discussion of the nature of constitutional law and why the Court divides so closely on many issues. He then proceeds to an analysis of the Constitution and subsequent amendments, placing them in their historical context. Next, Frank shifts to the Supreme Court and its decisions, examining, among other things, doctrinal developments, the Court’s decision making processes, how justices interact with each other, and the debate over how the Constitution should be interpreted. The work concludes with a close analysis of Court decisions in six major areas of continuing controversy, including abortion, affirmative action, and campaign finance. Outstanding by the University Press Books for Public and Secondary Schools
Download or read book Mere Natural Law written by Hadley Arkes and published by Simon and Schuster. This book was released on 2023-05-02 with total page 338 pages. Available in PDF, EPUB and Kindle. Book excerpt: Hadley Arkes, groundbreaking legal philosopher and acolyte of legendary political thinker Leo Strauss, takes a sledgehammer to both legal relativism and originalism, arguing that the principles the Founders embodied in the U.S. Constitution are built in to the general human condition, and that the path away from national dysfunction and ruin lies in reinvigorating our understanding of these innate moral principles and reapplying them to modern life. Mere Natural Law seeks to recover, for a new generation, the understanding of natural law that has never been learned by the lawyers and judges of our day. And it does that in part by returning to the American Founders, in their understanding of those axioms, or necessary truths, that form the moral ground of our law.
Download or read book The Varieties of Religious Experience written by William James and published by The Floating Press. This book was released on 2009-01-01 with total page 824 pages. Available in PDF, EPUB and Kindle. Book excerpt: Harvard psychologist and philosopher William James' The Varieties of Religious Experience: A Study in Human Nature explores the nature of religion and, in James' observation, its divorce from science when studied academically. After publication in 1902 it quickly became a canonical text of philosophy and psychology, remaining in print through the entire century. "Scientific theories are organically conditioned just as much as religious emotions are; and if we only knew the facts intimately enough, we should doubtless see 'the liver' determining the dicta of the sturdy atheist as decisively as it does those of the Methodist under conviction anxious about his soul. When it alters in one way the blood that percolates it, we get the Methodist, when in another way, we get the atheist form of mind."
Download or read book Vindicating the Commercial Republic written by Anthony A. Peacock and published by Lexington Books. This book was released on 2018-04-24 with total page 431 pages. Available in PDF, EPUB and Kindle. Book excerpt: Contrary to most academic commentary on The Federalist, this book contends thatthe most significant teachings of the work did not have to do with the institutions of government so much as with the non-institutional features of American constitutionalism, specifically its advocacy for greater union, the development of an unparalleled culture of enterprise, and provision for war. Key to understanding why these features were so critical to The Federalist is the work’s rejection of classical liberalism’s orthodoxy that commercial republics were moderate or pacific in nature rather than spirited, enterprising, and warlike. Using the ancient historian Thucydides account of the daring, innovation, and restlessness of ancient commercial Athens as an interpretive guide for the commercial republican theory that The Federalist embraces, this book provides a sweeping reinterpretation of American constitutionalism. At the heart of The Federalist’s teaching, Peacock contends, is the intention to create an innovative and spirited culture of enterprise that will not only inform America’s civil character post-1787 but its military character as well. No scholarship has considered the significance of Thucydides to the The Federalist. This book does in a comprehensive reconstruction of the work that concludes that The Federalist anticipates as well as any text on American constitutionalism what many consider to be the most definitive features of American character today: its spirit of enterprise and its qualified willingness to engage in war for both reasons of national interest and republican principle.
Download or read book Limited Government and the Bill of Rights written by Patrick M. Garry and published by University of Missouri Press. This book was released on 2012-07-15 with total page 210 pages. Available in PDF, EPUB and Kindle. Book excerpt: Eric Hoffer Award Grand Prize Short List, 2015 What was the intended purpose and function of the Bill of Rights? Is the modern understanding of the Bill of Rights the same as that which prevailed when the document was ratified? In Limited Government and the Bill of Rights, Patrick Garry addresses these questions. Under the popular modern view, the Bill of Rights focuses primarily on protecting individual autonomy interests, making it all about the individual. But in Garry’s novel approach, one that tries to address the criticisms of judicial activism that have resulted from the Supreme Court’s contemporary individual rights jurisprudence, the Bill of Rights is all about government—about limiting the power of government. In this respect, the Bill of Rights is consistent with the overall scheme of the original Constitution, insofar as it sought to define and limit the power of the newly created federal government. Garry recognizes the desire of the constitutional framers to protect individual liberties and natural rights, indeed, a recognition of such rights had formed the basis of the American campaign for independence from Britain. However, because the constitutional framers did not have a clear idea of how to define natural rights, much less incorporate them into a written constitution for enforcement, they framed the Bill of Rights as limited government provisions rather than as individual autonomy provisions. To the framers, limited government was the constitutional path to the maintenance of liberty. Moreover, crafting the Bill of Rights as limited government provisions would not give the judiciary the kind of wide-ranging power needed to define and enforce individual autonomy. With respect to the application of this limited government model, Garry focuses specifically on the First Amendment and examines how the courts in many respects have already used a limited government model in their First Amendment decision-making. As he discusses, this approach to the First Amendment may allow for a more objective and restrained judicial role than is often applied under contemporary First Amendment jurisprudence. Limited Government and the Bill of Rights will appeal to anyone interested in the historical background of the Bill of Rights and how its provisions should be applied to contemporary cases, particularly First Amendment cases. It presents an innovative theory about the constitutional connection between the principle of limited government and the provisions in the Bill of Rights.
Download or read book Architecture Liberty and Civic Order written by Carroll William Westfall and published by Routledge. This book was released on 2016-03-09 with total page 220 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book brings to light central topics that are neglected in current histories and theories of architecture and urbanism. These include the role of imitation in earlier centuries and its potential role in present practice; the necessary relationship between architecture, urbanism and the rural districts; and their counterpart in the civil order that builds and uses what is built. The narrative traces two models for the practice of architecture. One follows the ancient model in which the architect renders his service to serve the interests of others; it survives and is dominant in modernism. The other, first formulated in the fifteenth century by Leon Battista Alberti, has the architect use his talent in coordination with others to contribute to the common good of a republican civil order that seeks to protect its own liberty and that of its citizens. Palladio practiced this way, and so did Thomas Jefferson when he founded a uniquely American architecture, the counterpart to the nation’s founding. This narrative gives particular emphasis to the contrasting developments in architecture on the opposite sides of the English Channel. The book presents the value for clients and architects today and in the future of drawing on history and tradition. It stresses the importance, indeed, the urgency, of restoring traditional practices so that we can build just, beautiful, and sustainable cities and rural districts that will once again assist citizens in living not only abundantly but also well as they pursue their happiness.
Download or read book The Federalist Society written by Michael Avery and published by Vanderbilt University Press. This book was released on 2021-04-30 with total page 503 pages. Available in PDF, EPUB and Kindle. Book excerpt: Over the last thirty years, the Federalist Society for Law and Public Policy Studies has grown from a small group of disaffected conservative law students into an organization with extraordinary influence over American law and politics. Although the organization is unknown to the average citizen, this group of intellectuals has managed to monopolize the selection of federal judges, take over the Department of Justice, and control legal policy in the White House. Today the Society claims that 45,000 conservative lawyers and law students are involved in its activities. Four Supreme Court Justices--Antonin Scalia, Clarence Thomas, John Roberts, and Samuel Alito--are current or former members. Every single federal judge appointed in the two Bush presidencies was either a Society member or approved by members. During the Bush years, young Federalist Society lawyers dominated the legal staffs of the Justice Department and other important government agencies. The Society has lawyer chapters in every major city in the United States and student chapters in every accredited law school. Its membership includes economic conservatives, social conservatives, Christian conservatives, and libertarians, who differ with each other on significant issues, but who cooperate in advancing a broad conservative agenda. How did this happen? How did this group of conservatives succeed in moving their theories into the mainstream of legal thought? What is the range of positions of those associated with the Federalist Society in areas of legal and political controversy? The authors survey these stances in separate chapters on • regulation of business and private property • race and gender discrimination and affirmative action • personal sexual autonomy, including abortion and gay rights • American exceptionalism and international law
Download or read book Engaging the Doctrine of Revelation written by Matthew Levering and published by Baker Academic. This book was released on 2014-11-11 with total page 571 pages. Available in PDF, EPUB and Kindle. Book excerpt: How do human beings today receive divine revelation? Where and in what ways is it mediated so that all generations can hear the fullness of the gospel? In this volume, distinguished theologian Matthew Levering shows that divine revelation has been truthfully mediated through the church, the gospel, and Scripture so that we can receive it in its fullness today. Levering engages past and present approaches to revelation across a variety of traditions, offering a comprehensive, historical study of all the key figures and perspectives. His thorough analysis results in an alternative approach to prevailing views of the doctrine and points to its significance for the entire church.
Download or read book Christianity and Natural Law written by Norman Doe and published by Cambridge University Press. This book was released on 2017-07-20 with total page 281 pages. Available in PDF, EPUB and Kindle. Book excerpt: Historically, natural law has played a pivotal role in Christian approaches to the law, and a contested role in legal philosophy generally. However, comparative study of natural law across global Christian traditions is largely neglected. This book provides not only the history of natural law ideas across mainstream Christian traditions worldwide, but also an ecumenical comparison of the contemporary natural law positions of different traditions. Its focus is not solely theoretical: it tests the practical utility of natural law by exploring its use in the legal systems of the churches studied. Alongside analysis of the assumptions underlying the concept, it also proposes a jurisprudence of Christian law itself. With chapters written by distinguished lawyers and theologians across the world, this book is designed for those studying and teaching law or theology, those who practice and study ecumenism, and those involved in the practice of church law.
Download or read book The American Founding written by Daniel N. Robinson and published by Bloomsbury Publishing USA. This book was released on 2012-06-28 with total page 172 pages. Available in PDF, EPUB and Kindle. Book excerpt: America's Founding Fathers shared similar beliefs on the nature of civic life and the character of those supposed to be able to self-govern. Although they studied the failed republics of the ancient world, they believed that classical ideals were still applicable to politics. This unique contribution to the literature on American Founding gathers leading thinkers who set out not to relate its history, but its intellectual underpinnings. They explore the Founding Fathers' assumptions about civic life, human nature, political institutions, private morality, aesthetics, education, and history. Chapters on natural law, the Judeo-Christian conception of human nature, the influence of Aristotle and Cicero, the symbolic role of architecture, and the importance of education help understand the foundations that led to the Declaration of Independence and a constitutional charter that aimed to be universal in its human aspirations. This authoritative work provides a conservative response to more liberal interpretations of America. It will enrich the debate on civic life and be a key resource to anyone interested in America's "experiment in ordered liberty."
