Tradition And Morality In Constitutional Law
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Author |
: Robert H. Bork |
Publisher |
: American Enterprise Institute Press |
Total Pages |
: 32 |
Release |
: 1984 |
ISBN-10 |
: UOM:39015012279546 |
ISBN-13 |
: |
Rating |
: 4/5 (46 Downloads) |
Synopsis Tradition and Morality in Constitutional Law by : Robert H. Bork
Author |
: Jefferson Powell |
Publisher |
: Duke University Press |
Total Pages |
: 320 |
Release |
: 1993 |
ISBN-10 |
: 0822313146 |
ISBN-13 |
: 9780822313144 |
Rating |
: 4/5 (46 Downloads) |
Synopsis The Moral Tradition of American Constitutionalism by : Jefferson Powell
Locates the origins of constitutional law in the Enlightenment attempt to control the violence of the state by subjecting power to reason, then shows its evolution into a tradition of rational inquiry embodied in a community of lawyers and judges. Continues with discussion of how the tradition's 19th-century presuppositions about the autonomy and rationality of constitutional argument have been undermined in the 20th century. Annotation copyright by Book News, Inc., Portland, OR
Author |
: Adrian Vermeule |
Publisher |
: John Wiley & Sons |
Total Pages |
: 171 |
Release |
: 2022-02-08 |
ISBN-10 |
: 9781509548880 |
ISBN-13 |
: 1509548882 |
Rating |
: 4/5 (80 Downloads) |
Synopsis Common Good Constitutionalism by : Adrian Vermeule
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.
Author |
: Bruce P. Frohnen |
Publisher |
: Harvard University Press |
Total Pages |
: 304 |
Release |
: 2016-06-13 |
ISBN-10 |
: 9780674968929 |
ISBN-13 |
: 0674968921 |
Rating |
: 4/5 (29 Downloads) |
Synopsis Constitutional Morality and the Rise of Quasi-Law by : Bruce P. Frohnen
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.
Author |
: Ronald Dworkin |
Publisher |
: OUP Oxford |
Total Pages |
: 438 |
Release |
: 1999 |
ISBN-10 |
: 9780198265573 |
ISBN-13 |
: 0198265573 |
Rating |
: 4/5 (73 Downloads) |
Synopsis Freedom's Law by : Ronald Dworkin
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.
Author |
: Tom Angier |
Publisher |
: Cambridge University Press |
Total Pages |
: 118 |
Release |
: 2021-09-16 |
ISBN-10 |
: 9781108586399 |
ISBN-13 |
: 1108586392 |
Rating |
: 4/5 (99 Downloads) |
Synopsis Natural Law Theory by : Tom Angier
In Section 1, I outline the history of natural law theory, covering Plato, Aristotle, the Stoics and Aquinas. In Section 2, I explore two alternative traditions of natural law, and explain why these constitute rivals to the Aristotelian tradition. In Section 3, I go on to elaborate a via negativa along which natural law norms can be discovered. On this basis, I unpack what I call three 'experiments in being', each of which illustrates the cogency of this method. In Section 4, I investigate and rebut two seminal challenges to natural law methodology, namely, the fact/value distinction in metaethics and Darwinian evolutionary biology. In Section 5, I then outline and criticise the 'new' natural law theory, which is an attempt to revise natural law thought in light of the two challenges above. I conclude, in Section 6, with a summary and some reflections on the prospects for natural law theory.
Author |
: Mark V. Tushnet |
Publisher |
: |
Total Pages |
: 350 |
Release |
: 1988 |
ISBN-10 |
: UOM:49015000625203 |
ISBN-13 |
: |
Rating |
: 4/5 (03 Downloads) |
Synopsis Red, White, and Blue by : Mark V. Tushnet
Author |
: Stuart Hampshire |
Publisher |
: Cambridge University Press |
Total Pages |
: 156 |
Release |
: 1978-10-31 |
ISBN-10 |
: 0521293529 |
ISBN-13 |
: 9780521293525 |
Rating |
: 4/5 (29 Downloads) |
Synopsis Public and Private Morality by : Stuart Hampshire
Collection of essays by well-known British and American philosophers on the moral principles by which public policies and political decisions should be judged: does effective political action necessarily involve and justify actions which the individual would regard as unacceptable in "private" morality?
Author |
: Upendra Baxi |
Publisher |
: Cambridge University Press |
Total Pages |
: 425 |
Release |
: 2015-10-22 |
ISBN-10 |
: 9781107116405 |
ISBN-13 |
: 1107116406 |
Rating |
: 4/5 (05 Downloads) |
Synopsis Law's Ethical, Global and Theoretical Contexts by : Upendra Baxi
Examines contemporary perspectives on law through Twining's scholarly work and with a focus on ethical, global and theoretical contexts.
Author |
: David B. Kopel |
Publisher |
: Bloomsbury Publishing USA |
Total Pages |
: 518 |
Release |
: 2017-02-16 |
ISBN-10 |
: 9798216119258 |
ISBN-13 |
: |
Rating |
: 4/5 (58 Downloads) |
Synopsis The Morality of Self-Defense and Military Action by : David B. Kopel
Shedding new light on a controversial and intriguing issue, this book will reshape the debate on how the Judeo-Christian tradition views the morality of personal and national self-defense. Are self-defense, national warfare, and revolts against tyranny holy duties—or violations of God's will? Pacifists insist these actions are the latter, forbidden by Judeo-Christian morality. This book maintains that the pacifists are wrong. To make his case, the author analyzes the full sweep of Judeo-Christian history from earliest times to the present, combining history, scriptural analysis, and philosophy to describe the changes and continuity of Jewish and Christian doctrine about the use of lethal force. He reveals the shifting patterns of thought in both religions and presents the strongest arguments on both sides of the issue. The book begins with the ancient Hebrews and Genesis and covers Jewish history through the Holocaust and beyond. The analysis then shifts to the story of Christianity from its origins, through the Middle Ages and the Reformation, up the present day. Based on this scrutiny, the author concludes that—contrary to popular belief—the legitimacy of self-defense is strongly supported by Judeo-Christian scripture and commentary, by philosophical analysis, and by the respect for human dignity and human rights on which both Judaism and Christianity are based.