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Author: J. Harvie Wilkinson
Publisher: OUP USA
ISBN: 0199846014
Category : Law
Languages : en
Pages : 174
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Book Description
What underlies this development? In this concise and highly engaging work, Federal Appeals Court Judge and noted author (From Brown to Bakke) J. Harvie Wilkinson argues that America's most brilliant legal minds have launched a set of cosmic constitutional theories that, for all their value, are undermining self-governance.
Author: J. Harvie Wilkinson
Publisher: OUP USA
ISBN: 0199846014
Category : Law
Languages : en
Pages : 174
Get Book Here
Book Description
What underlies this development? In this concise and highly engaging work, Federal Appeals Court Judge and noted author (From Brown to Bakke) J. Harvie Wilkinson argues that America's most brilliant legal minds have launched a set of cosmic constitutional theories that, for all their value, are undermining self-governance.
Author: Thomas Sowell
Publisher: Simon and Schuster
ISBN: 0743215079
Category : Political Science
Languages : en
Pages : 225
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Book Description
This book is about the great moral issues underlying many of the headline-making political controversies of our times. It is not a comforting book but a book about disturbing and dangerous trends. The Quest for Cosmic Justice shows how confused conceptions of justice end up promoting injustice, how confused conceptions of equality end up promoting inequality, and how the tyranny of social visions prevents many people from confronting the actual consequences of their own beliefs and policies. Those consequences include the steady and dangerous erosion of fundamental principles of freedom -- amounting to a quiet repeal of the American revolution. The Quest for Cosmic Justice is the summation of a lifetime of study and thought about where we as a society are headed -- and why we need to change course before we do irretrievable damage.
Author: Mark V. Tushnet
Publisher: Oxford University Press
ISBN: 0195304241
Category : Law
Languages : en
Pages : 177
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Book Description
The answer to the debate will not be found in any holy writ, but in our values and our vision of the nation."--BOOK JACKET.
Author: John Hart Ely
Publisher: Harvard University Press
ISBN: 0674263294
Category : Law
Languages : en
Pages : 281
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Book Description
This powerfully argued appraisal of judicial review may change the face of American law. Written for layman and scholar alike, the book addresses one of the most important issues facing Americans today: within what guidelines shall the Supreme Court apply the strictures of the Constitution to the complexities of modern life? Until now legal experts have proposed two basic approaches to the Constitution. The first, “interpretivism,” maintains that we should stick as closely as possible to what is explicit in the document itself. The second, predominant in recent academic theorizing, argues that the courts should be guided by what they see as the fundamental values of American society. John Hart Ely demonstrates that both of these approaches are inherently incomplete and inadequate. Democracy and Distrust sets forth a new and persuasive basis for determining the role of the Supreme Court today. Ely’s proposal is centered on the view that the Court should devote itself to assuring majority governance while protecting minority rights. “The Constitution,” he writes, “has proceeded from the sensible assumption that an effective majority will not unreasonably threaten its own rights, and has sought to assure that such a majority not systematically treat others less well than it treats itself. It has done so by structuring decision processes at all levels in an attempt to ensure, first, that everyone’s interests will be represented when decisions are made, and second, that the application of those decisions will not be manipulated so as to reintroduce in practice the sort of discrimination that is impermissible in theory.” Thus, Ely’s emphasis is on the procedural side of due process, on the preservation of governmental structure rather than on the recognition of elusive social values. At the same time, his approach is free of interpretivism’s rigidity because it is fully responsive to the changing wishes of a popular majority. Consequently, his book will have a profound impact on legal opinion at all levels—from experts in constitutional law, to lawyers with general practices, to concerned citizens watching the bewildering changes in American law.
Author: J. Harvie Wilkinson III
Publisher: Encounter Books
ISBN: 1594038929
Category : Biography & Autobiography
Languages : en
Pages : 137
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Book Description
In this warm and intimate memoir Judge Wilkinson delivers a chilling message. The 1960s inflicted enormous damage on our country; even at this very hour we see the decade’s imprint in so much of what we say and do. The chapters reveal the harm done to the true meaning of education, to our capacity for lasting personal commitments, to our respect for the rule of law, to our sense of rootedness and home, to our desire for service, to our capacity for national unity, to our need for the sustenance of faith. Judge Wilkinson does not seek to lecture but to share in the most personal sense what life was like in the 1960s, and to describe the influence of those frighteningly eventful years upon the present day. Judge Wilkinson acknowledges the good things accomplished by the Sixties and nourishes the belief that we can learn from that decade ways to build a better future. But he asks his own generation to recognize its youthful mistakes and pleads with future generations not to repeat them. The author’s voice is one of love and hope for America. But our national prospects depend on facing honestly the full magnitude of all we lost during one momentous decade and of all we must now recover.
Author: Jed W. Atkins
Publisher: Cambridge University Press
ISBN: 1107513235
Category : Philosophy
Languages : en
Pages : 285
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Book Description
A prolific philosopher who also held Rome's highest political office, Cicero was uniquely qualified to write on political philosophy. In this book Professor Atkins provides a fresh interpretation of Cicero's central political dialogues - the Republic and Laws. Devoting careful attention to form as well as philosophy, Atkins argues that these dialogues together probe the limits of reason in political affairs and explore the resources available to the statesman given these limitations. He shows how Cicero appropriated and transformed Plato's thought to forge original and important works of political philosophy. The book demonstrates that Cicero's Republic and Laws are critical for understanding the history of the concepts of rights, the mixed constitution and natural law. It concludes by comparing Cicero's thought to the modern conservative tradition and argues that Cicero provides a perspective on utopia frequently absent from current philosophical treatments.
Author: Benjamin Schonthal
Publisher: Cambridge University Press
ISBN: 1107152232
Category : Law
Languages : en
Pages : 319
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Book Description
Examining Sri Lanka's religious and legal pasts, this is the first extended study of Buddhism and constitutional law.
Author: David Runciman
Publisher: Princeton University Press
ISBN: 0691178135
Category : Political Science
Languages : en
Pages : 424
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Book Description
Why democracies believe they can survive any crisis—and why that belief is so dangerous Why do democracies keep lurching from success to failure? The current financial crisis is just the latest example of how things continue to go wrong, just when it looked like they were going right. In this wide-ranging, original, and compelling book, David Runciman tells the story of modern democracy through the history of moments of crisis, from the First World War to the economic crash of 2008. A global history with a special focus on the United States, The Confidence Trap examines how democracy survived threats ranging from the Great Depression to the Cuban missile crisis, and from Watergate to the collapse of Lehman Brothers. It also looks at the confusion and uncertainty created by unexpected victories, from the defeat of German autocracy in 1918 to the defeat of communism in 1989. Throughout, the book pays close attention to the politicians and thinkers who grappled with these crises: from Woodrow Wilson, Nehru, and Adenauer to Fukuyama and Obama. In The Confidence Trap, David Runciman shows that democracies are good at recovering from emergencies but bad at avoiding them. The lesson democracies tend to learn from their mistakes is that they can survive them—and that no crisis is as bad as it seems. Breeding complacency rather than wisdom, crises lead to the dangerous belief that democracies can muddle through anything—a confidence trap that may lead to a crisis that is just too big to escape, if it hasn't already. The most serious challenges confronting democracy today are debt, the war on terror, the rise of China, and climate change. If democracy is to survive them, it must figure out a way to break the confidence trap.
Author: Anna Marmodoro
Publisher: Oxford University Press
ISBN: 0190611979
Category : Philosophy
Languages : en
Pages : 225
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Book Description
Anaxagoras of Clazomenae (Vth century BCE) is best known in the history of philosophy for his stance that there is a share of everything in everything. He puts forward this theory of extreme mixture as a solution to the problem of change he and his contemporaries inherited from Parmenides - that what is cannot come from what is not (and vice versa). Yet, for ancient and modern scholars alike, the metaphysical significance of Anaxagoras's position has proven challenging to understanding. In Everything in Everything, Anna Marmodoro offers a fresh interpretation of Anaxagoras's theory of mixture, arguing for its soundness and also relevance to contemporary debates in metaphysics. For Anaxagoras the fundamental elements of reality are the opposites (hot, cold, wet, dry, etc.), which Marmodoro argues are instances of physical causal powers. The unchanging opposites compose mereologically, forming (phenomenologically) emergent wholes. Everything in the universe (except nous) derives from the opposites. The opposite exist as endlessly partitioned; they can be scattered everywhere and be in everything. Mardomoro further shows that their extreme mixture is made possible by the omni-presence and hence com-presence in the universe, which is in turn facilitated by the limitless divisibility of the opposites. Anaxagoras tackles the logical consequences of the limitless divisibility of the elements. He is the first ante litteram 'gunk lover' in the history of metaphysics. He also has a unique conception of (non-material) gunk and a unique power ontology, which Marmodoro refers to as 'power gunk'. Marmodoro investigates the nature of power gunk and the explanatory utility of the concept for Anaxagoras, for his theory of extreme mixture. Whilst most defenders of an atomless universe nowadays argue for material gunk as a conceptual possibility (only), Anaxagoras argues for power gunk as the ontology of nature.
Author: J. M. Balkin
Publisher:
ISBN: 0197530990
Category : Law
Languages : en
Pages : 257
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Book Description
The Cycles of Constitutional Time shows where American democracy has been and projects where it is going. Jack Balkin explains why our politics seems so dysfunctional and why fights over the courts seem so bitter and unhinged. He portrays our present troubles in terms of longer, constitutional trends. In doing so, he also offers a message of hope for the future. The same trends that put us in this predicament are slowly changing. Our political system can get better if Americans mobilize to change it.
