A volume of original essays that discusses the applicability of H. L. A. Hart's rule of recognition model of a legal system to U. S. Constitutional law as discussed in his book "The concept of law".

The Book Has Extensive Notes On The Theoretical Work Of Other Jurists Including References To Austin`S Imperative Theory, Kelson`S Theory Of Basic Norm, And Fuller`S Natural Law Theory.

The Rule of Recognition and the U.S. Constitution is a volume of original essays that discuss the applicability of Hart's rule of recognition model of a legal system to U.S. constitutional law. The contributors are leading scholars in analytical jurisprudence and constitutional theory, including Matthew Adler, Larry Alexander, Mitchell Berman, Michael Dorf, Kent Greenawalt, Richard Fallon, Michael Green, Kenneth Einar Himma, Stephen Perry, Frederick Schauer, Scott Shapiro, Jeremy Waldron, and Wil Waluchow. The volume makes a contribution both in jurisprudence, using the U.S. as a "test case" that highlights the strengths and limitations of the rule of recognition model; and in constitutional theory, by showing how the model can illuminate topics such as the role of the Supreme Court, the constitutional status of precedent, the legitimacy of unwritten sources of constitutional law, the choice of methods for interpreting the text of the Constitution, and popular constitutionalism.

The law of nations and the Constitution -- The law merchant and the Constitution -- The law of state-state relations and the Constitution -- The law of state-state relations in federal courts -- The law maritime and the Constitution -- Modern customary international law -- The inadequacy of existing theories of customary -- Judicial enforcement of customary international law against foreign nations -- Judicial enforcement of customary international law against the United States -- Judicial enforcement of customary international law against U.S. states

Do the nation's highest officers, including the President, have a right to lie protected by the First Amendment? If not, what can be done to protect the nation under this threat? This book explores the various options.

Why do we think differently from one another? Why do religious people adhere to their faith even against reason, whilst atheist thinkers label it “nonsense”? Why do some judges turn more to moral values and others less? Why do we attach different meanings to the same words? These questions can be tackled on psychological or sociological levels, but we can also analyze the subjects on the epistemological level. That is the purpose of this book. Thoughts and Ways of Thinking offers Source Theory as a single explanation for epistemic processes and their religious, legal and linguistic derivatives. The idea is simple: our senses, our understanding, our memory, the testimonies that we trust, and many other objects transmit data to us and so shape our beliefs. In this function they serve as our truth sources. Different beliefs stem from different sources or different hierarchies between same sources. This notion is formalized here through the new tool of Source Calculus, and, after balancing its relativistic consequences by adding pragmatic constraints, it is applied to the philosophies of religion, law and language. With this unified theory, old doubts are framed in new perspectives, and some of them even find their solution.

What is law? This question has preoccupied philosophers from Plato to Thomas Hobbes to H. L. A. Hart. Yet many others find it perplexing. How could we possibly know how to answer such an abstract question? And what would be the point of doing so? In Legality, Scott Shapiro argues that the question is not only meaningful but vitally important. In fact, many of the most pressing puzzles that lawyers confront—including who has legal authority over us and how we should interpret constitutions, statutes, and cases—will remain elusive until this grand philosophical question is resolved. Shapiro draws on recent work in the philosophy of action to develop an original and compelling answer to this age-old question. Breaking with a long tradition in jurisprudence, he argues that the law cannot be understood simply in terms of rules. Legal systems are best understood as highly complex and sophisticated tools for creating and applying plans. Shifting the focus of jurisprudence in this way—from rules to plans—not only resolves many of the most vexing puzzles about the nature of law but has profound implications for legal practice as well. Written in clear, jargon-free language, and presupposing no legal or philosophical background, Legality is both a groundbreaking new theory of law and an excellent introduction to and defense of classical jurisprudence.

A starting point for the study of the English Constitution and comparative constitutional law, The Law of the Constitution elucidates the guiding principles of the modern constitution of England: the legislative sovereignty of Parliament, the rule of law, and the binding force of unwritten conventions.

Reproduction of the original: The Right to Privacy by Samuel D. Warren, Louis D. Brandeis