Constitutional Illusions And Anchoring Truths

Author : Hadley Arkes
Publisher : Cambridge University Press
ISBN 13 : 0521732085
Total Pages : 281 pages
Book Rating : 4.86/5 ( download)

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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.

Author : Hadley Arkes
Publisher : Cambridge University Press
ISBN 13 : 9780521812184
Total Pages : 326 pages
Book Rating : 4.86/5 ( download)

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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

Author : Hadley Arkes
Publisher : Simon and Schuster
ISBN 13 : 1684513014
Total Pages : 338 pages
Book Rating : 4.17/5 ( download)

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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: Originalism Is Not Enough In this profoundly important reassessment of constitutional interpretation, the eminent legal philosopher Hadley Arkes argues that “originalism” alone is an inadequate answer to judicial activism. Untethered from “mere Natural Law”—the moral principles knowable by all—our legal and constitutional system is doomed to incoherence. The framers of the Constitution regarded the “self-evident” truths of the Natural Law as foundational. And yet in our own time, both liberals and conservatives insist that we must interpret the Constitution while ignoring its foundation. Making the case anew for Natural Law, Arkes finds it not in theories hovering in the clouds or in benign platitudes (“be generous,” “be selfless”). He draws us back, rather, to the ground of Natural Law as the American Founders understood it, the anchoring truths of common sense—truths grasped at once by the ordinary man, unburdened by theories imbibed in college and law school. When liberals discovered hitherto unknown rights in the “emanations” and “penumbras” of a “living constitution,” conservatives responded with an “originalism” that refuses to venture beyond the bare text. But in framing that text, the Founders appealed to moral principles that were there before the Constitution and would be there even if there were no Constitution. An originalism that is detached from those anchor - ing principles has strayed far from the original meaning of the Constitution. It is powerless, moreover, to resist the imposition of a perverse moral vision on our institutions and our lives. Brilliant in its analysis, essential in its argument, Mere Natural Law is a must-read for everyone who cares about the Constitution, morality, and the rule of law.

Author : Robert B. Talisse
Publisher : Cambridge University Press
ISBN 13 : 0521513545
Total Pages : 217 pages
Book Rating : 4.48/5 ( download)

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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?

Author : Stephen A. Simon
Publisher : State University of New York Press
ISBN 13 : 1438451873
Total Pages : 198 pages
Book Rating : 4.79/5 ( download)

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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.

Author : Alain Besancon
Publisher : ISI Books
ISBN 13 : 9781933859187
Total Pages : 0 pages
Book Rating : 4.80/5 ( download)

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Download or read book A Century of Horrors written by Alain Besancon and published by ISI Books. This book was released on 2018-05-15 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: The twentieth century bears the indelible imprint of both communism and Nazism. Today, it sometimes seems as if the former is all but forgotten, at least among Western elites, while our cultural memory of the latter is an inextinguishable fire. This inequality is surprising and calls out for explanation, a task the French political thinker Alain Besancon attempts here in a wise and elegant meditation. In examining the horror and destruction caused by both of these terrible ideologies, Besancon finds that recourse to theology is necessary if we are to achieve even feeble illumination. He also explains why, even with the full knowledge of the extent of communism's crimes, the uniqueness of the Shoah ought to be accepted without reservation.

Author : Ilan Wurman
Publisher : Cambridge University Press
ISBN 13 : 1108843158
Total Pages : 199 pages
Book Rating : 4.57/5 ( download)

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Download or read book The Second Founding written by Ilan Wurman and published by Cambridge University Press. This book was released on 2020-11-12 with total page 199 pages. Available in PDF, EPUB and Kindle. Book excerpt: In The Second Founding: An Introduction to the Fourteenth Amendment, Ilan Wurman provides an illuminating introduction to the original meaning of the Fourteenth Amendment's famous provisions 'due process of law,' 'equal protection of the laws,' and the 'privileges' or 'immunities' of citizenship. He begins by exploring the antebellum legal meanings of these concepts, starting from Magna Carta, the Statutes of Edward III, and the Petition of Right to William Blackstone and antebellum state court cases. The book then traces how these concepts solved historical problems confronting framers of the Fourteenth Amendment, including the comity rights of free blacks, private violence and the denial of the protection of the laws, and the notorious abridgment of freedmen's rights in the Black Codes. Wurman makes a compelling case that, if the modern originalist Supreme Court interpreted the Amendment in 'the language of the law,' it would lead to surprising and desirable results today.

Author : Hadley Arkes
Publisher : Princeton University Press
ISBN 13 : 9780691016283
Total Pages : 316 pages
Book Rating : 4.83/5 ( download)

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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.

Author : Adam M. Carrington
Publisher : Rowman & Littlefield
ISBN 13 : 149855444X
Total Pages : 199 pages
Book Rating : 4.42/5 ( download)

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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.

Author : Peter J. Galie
Publisher : Springer Nature
ISBN 13 : 3030443019
Total Pages : 389 pages
Book Rating : 4.16/5 ( download)

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Download or read book Bills of Rights Before the Bill of Rights written by Peter J. Galie and published by Springer Nature. This book was released on 2020-09-14 with total page 389 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book is a documentary history of the rights found in the American state constitutions adopted between 1776 and 1790. Despite the rich tradition of rights at the state level, rights in America have been identified almost exclusively with the national Bill of Rights. Indeed, there is no work that provides a comprehensive treatment of the early state declarations of rights. Rather, these declarations have been viewed as halting first steps towards the adoption of the national Bill of Rights in 1791. Bringing together the full text of the rights provisions from the 13 original states and Vermont, this book presents America’s first tradition of rights on its own terms and as part of this country’s heritage of rights. Early chapters will examine the sources of these rights and provide a comparative framework. An introduction to each chapter will review that state’s colonial history, focusing on any charters or legislation related to rights protections that help explain its constitutional provisions. This work will make it possible for students, scholars, and interested citizens to rediscover the first fruits of the American Revolution.