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Author: Goodwin Liu
Publisher: Oxford University Press
ISBN: 0199752834
Category : Law
Languages : en
Pages : 274
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Book Description
Chief Justice John Marshall argued that a constitution "requires that only its great outlines should be marked [and] its important objects designated." Ours is "intended to endure for ages to come, and consequently, to be adapted to the various crises of human affairs." In recent years, Marshall's great truths have been challenged by proponents of originalism and strict construction. Such legal thinkers as Supreme Court Justice Antonin Scalia argue that the Constitution must be construed and applied as it was when the Framers wrote it. In Keeping Faith with the Constitution, three legal authorities make the case for Marshall's vision. They describe their approach as "constitutional fidelity"--not to how the Framers would have applied the Constitution, but to the text and principles of the Constitution itself. The original understanding of the text is one source of interpretation, but not the only one; to preserve the meaning and authority of the document, to keep it vital, applications of the Constitution must be shaped by precedent, historical experience, practical consequence, and societal change. The authors range across the history of constitutional interpretation to show how this approach has been the source of our greatest advances, from Brown v. Board of Education to the New Deal, from the Miranda decision to the expansion of women's rights. They delve into the complexities of voting rights, the malapportionment of legislative districts, speech freedoms, civil liberties and the War on Terror, and the evolution of checks and balances. The Constitution's framers could never have imagined DNA, global warming, or even women's equality. Yet these and many more realities shape our lives and outlook. Our Constitution will remain vital into our changing future, the authors write, if judges remain true to this rich tradition of adaptation and fidelity.
Author: Goodwin Liu
Publisher: Oxford University Press
ISBN: 0199752834
Category : Law
Languages : en
Pages : 274
Get Book Here
Book Description
Chief Justice John Marshall argued that a constitution "requires that only its great outlines should be marked [and] its important objects designated." Ours is "intended to endure for ages to come, and consequently, to be adapted to the various crises of human affairs." In recent years, Marshall's great truths have been challenged by proponents of originalism and strict construction. Such legal thinkers as Supreme Court Justice Antonin Scalia argue that the Constitution must be construed and applied as it was when the Framers wrote it. In Keeping Faith with the Constitution, three legal authorities make the case for Marshall's vision. They describe their approach as "constitutional fidelity"--not to how the Framers would have applied the Constitution, but to the text and principles of the Constitution itself. The original understanding of the text is one source of interpretation, but not the only one; to preserve the meaning and authority of the document, to keep it vital, applications of the Constitution must be shaped by precedent, historical experience, practical consequence, and societal change. The authors range across the history of constitutional interpretation to show how this approach has been the source of our greatest advances, from Brown v. Board of Education to the New Deal, from the Miranda decision to the expansion of women's rights. They delve into the complexities of voting rights, the malapportionment of legislative districts, speech freedoms, civil liberties and the War on Terror, and the evolution of checks and balances. The Constitution's framers could never have imagined DNA, global warming, or even women's equality. Yet these and many more realities shape our lives and outlook. Our Constitution will remain vital into our changing future, the authors write, if judges remain true to this rich tradition of adaptation and fidelity.
Author: Robert F. Cochran, Jr.
Publisher: NYU Press
ISBN: 0814716989
Category : Law
Languages : en
Pages : 311
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Book Description
The relationship between religion and the law is a hot-button topic in America, with the courts, Congress, journalists, and others engaging in animated debates on what influence, if any, the former should have on the latter. Many of these discussions are dominated by the legal perspective, which views religion as a threat to the law; it is rare to hear how various religions in America view American law, even though most religions have distinct views on law. In Faith and Law, legal scholars from sixteen different religious traditions contend that religious discourse has an important function in the making, practice, and adjudication of American law, not least because our laws rest upon a framework of religious values. The book includes faiths that have traditionally had an impact on American law, as well as new immigrant faiths that are likely to have a growing influence. Each contributor describes how his or her tradition views law and addresses one legal issue from that perspective. Topics include abortion, gay rights, euthanasia, immigrant rights, and blasphemy and free speech.
Author: Richard Amesbury
Publisher: Fortress Press
ISBN: 1451408455
Category : Religion
Languages : en
Pages : 168
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Book Description
This book argues that the idea of human rights is not exclusively religious, but that its realization in practice requires urgent action on the part of people of all faiths, and of none. Acknowledging the ambiguous moral legacy of their own tradition, Christianity, the authors draw on christological themes to draft blueprints for a culturally sensitive "theology of human rights."
Author: Kalliopi Chainoglou
Publisher: Routledge
ISBN: 1317116615
Category : Law
Languages : en
Pages : 236
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Book Description
This multi-disciplinary collection interrogates the role of human rights in addressing past injustices. The volume draws on legal scholars, political scientists, anthropologists and political philosophers grappling with the weight of the memory of historical injustices arising from conflicts in Europe, the Middle East and Australasia. It examines the role of human rights as legal doctrine, rhetoric and policy as developed by states, international organizations, regional groups and non-governmental bodies. The authors question whether faith in human rights is justified as balm to heal past injustice or whether such faith nourishes both victimhood and self-justification. These issues are explored through three discrete sections: moments of memory and injustice, addressing injustice; and questions of faith. In each of these sections, authors address the manner in which memory of past conflicts and injustice haunt our contemporary understanding of human rights. The volume questions whether the expectation that human rights law can deal with past injustice has undermined the development of an emancipatory politics of human rights for our current world.
Author: Richard L. Wood
Publisher: University of Chicago Press
ISBN: 0226905969
Category : Political Science
Languages : en
Pages : 366
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Book Description
Over the past fifteen years, associations throughout the U.S. have organized citizens around issues of equality and social justice, often through local churches. But in contrast to President Bush's vision of faith-based activism, in which groups deliver social services to the needy, these associations do something greater. Drawing on institutions of faith, they reshape public policies that neglect the disadvantaged. To find out how this faith-based form of community organizing succeeds, Richard L. Wood spent several years working with two local groups in Oakland, California—the faith-based Pacific Institute for Community Organization and the race-based Center for Third World Organizing. Comparing their activist techniques and achievements, Wood argues that the alternative cultures and strategies of these two groups give them radically different access to community ties and social capital. Creative and insightful, Faith in Action shows how community activism and religious organizations can help build a more just and democratic future for all Americans.
Author: David M. Elcott
Publisher: University of Notre Dame Pess
ISBN: 0268200599
Category : Religion
Languages : en
Pages : 257
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Book Description
Faith, Nationalism, and the Future of Liberal Democracy highlights the use of religious identity to fuel the rise of illiberal, nationalist, and populist democracy. In Faith, Nationalism, and the Future of Liberal Democracy, David Elcott, C. Colt Anderson, Tobias Cremer, and Volker Haarmann present a pragmatic and modernist exploration of how religion engages in the public square. Elcott and his co-authors are concerned about the ways religious identity is being used to foster the exclusion of individuals and communities from citizenship, political representation, and a role in determining public policy. They examine the ways religious identity is weaponized to fuel populist revolts against a political, social, and economic order that values democracy in a global and strikingly diverse world. Included is a history and political analysis of religion, politics, and policies in Europe and the United States that foster this illiberal rebellion. The authors explore what constitutes a constructive religious voice in the political arena, even in nurturing patriotism and democracy, and what undermines and threatens liberal democracies. To lay the groundwork for a religious response, the book offers chapters showing how Catholicism, Protestantism, and Judaism can nourish liberal democracy. The authors encourage people of faith to promote foundational support for the institutions and values of the democratic enterprise from within their own religious traditions and to stand against the hostility and cruelty that historically have resulted when religious zealotry and state power combine. Faith, Nationalism, and the Future of Liberal Democracy is intended for readers who value democracy and are concerned about growing threats to it, and especially for people of faith and religious leaders, as well as for scholars of political science, religion, and democracy.
Author: Courtney Pace
Publisher: University of Georgia Press
ISBN: 0820355054
Category : Social Science
Languages : en
Pages : 332
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Book Description
Freedom Faith is the first full-length critical study of Rev. Dr. Prathia Laura Ann Hall (1940–2002), an undersung leader in both the civil rights movement and African American theology. Freedom faith was the central concept of Hall’s theology: the belief that God created humans to be free and assists and equips those who work for freedom. Hall rooted her work simultaneously in social justice, Christian practice, and womanist thought. Courtney Pace examines Hall’s life and philosophy, particularly through the lens of her civil rights activism, her teaching career, and her ministry as a womanist preacher. Moving along the trajectory of Hall’s life and civic service, Freedom Faith focuses on her intellectual and theological development and her radiating influence on such figures as Dr. Martin Luther King Jr., Marian Wright Edelman, and the early generations of womanist scholars. Hall was one of the first women ordained in the American Baptist Churches, USA, was the pastor of Mt. Sharon Baptist Church in Philadelphia, and in later life joined the faculty at the Boston University School of Theology as the Martin Luther King Chair in Social Ethics. In activism and ministry, Hall was a pioneer, fusing womanist thought with Christian ethics and visions of social justice.
Author: Felipe Hinojosa
Publisher: NYU Press
ISBN: 1479804517
Category : Religion
Languages : en
Pages : 350
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Book Description
"Faith and Power is framed within the larger processes of immigration, refugee policies, deindustrialization, the rise of the religious left and right, the human rights revolution, and the Chicana/ o, Puerto Rican, and Immigrant freedom movements. The book explores religion and religious politics as part of the larger ecosystem that has shaped Latina/o communities specifically and American politics in general"--
Author: Amélie Barras
Publisher: Stanford University Press
ISBN: 1503640493
Category : Law
Languages : en
Pages : 293
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Book Description
Faith in Rights explores why and how Christian nongovernmental organizations conduct human rights work at the United Nations. The book interrogates the idea that the secular and the religious are distinct categories, and more specifically that human rights, understood as secular, can be neatly distinguished from religion. It argues that Christianity is deeply entangled in the texture of the United Nations and shapes the methods and areas of work of Christian NGOs. To capture these entanglements, Amélie Barras analyzes—through interviews, ethnography, and document and archive analysis—the everyday human rights work of Christian NGOs at the United Nations Human Rights Council. She documents how these NGOs are involved in a constant work of double translation: they translate their human rights work into a religious language to make it relevant to their on-the-ground membership, but they also reframe the concerns of their membership in human rights terms to make them audible to UN actors. Faith in Rights is a crucial new evaluation of how religion informs Christian nongovernmental organizations' understandings of human rights and their methods of work, as well as how being engaged in human rights work influences these organizations' own religious identity and practice.
Author: Charles Marsh
Publisher: Princeton University Press
ISBN: 9780691029405
Category : History
Languages : en
Pages : 308
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Book Description
Through five intensely personal and emotional stories, Marsh asks us to consider the civil rights movement anew and to view religion as a powerful yet protean force driving social action.
