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Author: James E. Fleming
Publisher: University of Chicago Press
ISBN: 0226821412
Category : Law
Languages : en
Pages : 285
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Book Description
A strong and lively defense of substantive due process. From reproductive rights to marriage for same-sex couples, many of our basic liberties owe their protection to landmark Supreme Court decisions that have hinged on the doctrine of substantive due process. This doctrine is controversial—a battleground for opposing views around the relationship between law and morality in circumstances of moral pluralism—and is deeply vulnerable today. Against recurring charges that the practice of substantive due process is dangerously indeterminate and irredeemably undemocratic, Constructing Basic Liberties reveals the underlying coherence and structure of substantive due process and defends it as integral to our constitutional democracy. Reviewing the development of the doctrine over the last half-century, James E. Fleming rebuts popular arguments against substantive due process and shows that the Supreme Court has constructed basic liberties through common law constitutional interpretation: reasoning by analogy from one case to the next and making complex normative judgments about what basic liberties are significant for personal self-government. Elaborating key distinctions and tools for interpretation, Fleming makes a powerful case that substantive due process is a worthy practice that is based on the best understanding of our constitutional commitments to protecting ordered liberty and securing the status and benefits of equal citizenship for all.
Author: James E. Fleming
Publisher: University of Chicago Press
ISBN: 0226821412
Category : Law
Languages : en
Pages : 285
Get Book Here
Book Description
A strong and lively defense of substantive due process. From reproductive rights to marriage for same-sex couples, many of our basic liberties owe their protection to landmark Supreme Court decisions that have hinged on the doctrine of substantive due process. This doctrine is controversial—a battleground for opposing views around the relationship between law and morality in circumstances of moral pluralism—and is deeply vulnerable today. Against recurring charges that the practice of substantive due process is dangerously indeterminate and irredeemably undemocratic, Constructing Basic Liberties reveals the underlying coherence and structure of substantive due process and defends it as integral to our constitutional democracy. Reviewing the development of the doctrine over the last half-century, James E. Fleming rebuts popular arguments against substantive due process and shows that the Supreme Court has constructed basic liberties through common law constitutional interpretation: reasoning by analogy from one case to the next and making complex normative judgments about what basic liberties are significant for personal self-government. Elaborating key distinctions and tools for interpretation, Fleming makes a powerful case that substantive due process is a worthy practice that is based on the best understanding of our constitutional commitments to protecting ordered liberty and securing the status and benefits of equal citizenship for all.
Author: Ronald Dworkin
Publisher: OUP Oxford
ISBN: 0198265573
Category : Law
Languages : en
Pages : 438
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Book Description
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: Gad Horowitz
Publisher: University of Toronto Press
ISBN: 1487590261
Category : Political Science
Languages : en
Pages : 417
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Book Description
This important new study in Canadian politics discusses the role of socialism in Canada. By means of comparison between the English-Canadian and the American political importance of socialism in Canada than the United States. In this section Louis Hartz's theory of "fragment" cultures is carried forward and applied to Canada. The remainder of the book is devoted to a detailed historical study of the relationship between the labour movement and the socialist parties in Canada. It starts in the early years of the century and follows the story through to its significant conclusion—the support (and formation) by many Canadian unions of a labour party. The brilliant analysis of Canadian politics in Hartzian terms restores ideology to a place in our political culture, and the meticulous, objective recounting of labour's involved in the formation of the NDP is a timely and valuable contribution to our limited understanding of how Canadian political parties "live and move and have their being." The main sources used by the author were correspondence, minutes, and other materials in the files of the NDP and the Canadian Labour Congress, and personal interviews with labour leaders and socialist politicians. (Studies in the Structure of Power: Decision Making in Canada No. 4.)
Author: Ilan Wurman
Publisher: Cambridge University Press
ISBN: 1108843158
Category : History
Languages : en
Pages : 199
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Book Description
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: Randy James Holland
Publisher:
ISBN: 9780314676719
Category : Constitutional history
Languages : en
Pages : 0
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Book Description
An authoritative two volume dictionary covering English law from earliest times up to the present day, giving a definition and an explanation of every legal term old and new. Provides detailed statements of legal terms as well as their historical context.
Author: Bernard H. Siegan
Publisher: Transaction Publishers
ISBN: 1412822114
Category : Political Science
Languages : en
Pages : 437
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Book Description
In this seminal work, Bernard Siegan traces the history of onstitutional protection for economic liberties in the United States. He argues that the law began to change with respect to economic liberties in the late 1930s. At that time, the Supreme Court abdicated much of its authority to protect property rights, and instead condoned the expansion of state power over private property. Siegan brings the argument originally advanced in the .first edition completely up to date. He explores the moral position behind capitalism and discusses why former communist countries flirting with decentralization and a free market (for instance, China, Cambodia, Vietnam, and Laos) have become more progressive and prosperous as a result. He contrasts the benefits of a free, deregulated economy with the dangers of over-regulation and moves towards socialized welfare—most specifically as happened during Franklin Roosevelt's presidency. Supporting his thesis with historical court cases, Siegan discusses the past and present status of economic liberties under the Constitution, clarifies constitutional interpretation and due process, and suggests ways of safeguarding economic liberties. About the original edition, Doug Bandow of Reason noted, "Siegan has written a vitally important book that is sure to ignite an impassioned legal and philosophical debate. The reason—the necessity—for protecting economic liberty is no less than that guaranteeing political and civil liberty." Joseph Sobran of the National Review wrote, "Siegan...makes a powerful general case for economic liberty, on both historical and more strictly empirical grounds.... Siegan has done a brilliant piece of work, not only where it was badly needed, but where the need had hardly been recognized until he addressed it." And Edwin Meese remarked that, "This timely and important book shows how far we have drifted from protecting basic liberties that the Framers of the Constitution sought to secure. I recommend it highly." This new, completely revised edition of Economic Liberties and the Constitution will be essential reading for students of economics, history, public policy, law, and political science.
Author: Alexander Tsesis
Publisher: Oxford University Press
ISBN: 0199942579
Category : History
Languages : en
Pages : 527
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Book Description
The Declaration of Independence is one of the most influential documents in modern history-the inspiration for what would become the most powerful democracy in the world. Indeed, at every stage of American history, the Declaration has been a touchstone for evaluating the legitimacy of legal, social, and political practices. Not only have civil rights activists drawn inspiration from its proclamation of inalienable rights, but individuals decrying a wide variety of governmental abuses have turned for support to the document's enumeration of British tyranny. In this sweeping synthesis of the Declaration's impact on American life, ranging from 1776 to the present, Alexander Tsesis offers a deeply researched narrative that highlights the many surprising ways in which this document has influenced American politics, law, and society. The drafting of the Bill of Rights, the Reconstruction Amendments, the New Deal, the Civil Rights movement-all are heavily indebted to the Declaration's principles of representative government. Tsesis demonstrates that from the founding on, the Declaration has played a central role in American political and social advocacy, congressional debates, and presidential decisions. He focuses on how successive generations internalized, adapted, and interpreted its meaning, but he also shines a light on the many American failures to live up to the ideals enshrined in the document. Based on extensive research from primary sources such as newspapers, diaries, letters, transcripts of speeches, and congressional records, For Liberty and Equality shows how our founding document shaped America through successive eras and why its influence has always been crucial to the nation and our way of life.
Author: Eric Foner
Publisher: W. W. Norton & Company
ISBN: 0393652580
Category : History
Languages : en
Pages : 228
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Book Description
“Gripping and essential.”—Jesse Wegman, New York Times An authoritative history by the preeminent scholar of the Civil War era, The Second Founding traces the arc of the three foundational Reconstruction amendments from their origins in antebellum activism and adoption amidst intense postwar politics to their virtual nullification by narrow Supreme Court decisions and Jim Crow state laws. Today these amendments remain strong tools for achieving the American ideal of equality, if only we will take them up.
Author: Richard Sobel
Publisher: Cambridge University Press
ISBN: 1107128293
Category : Law
Languages : en
Pages : 245
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Book Description
Citizenship as Foundation of Rights explains what it means to have citizen rights and how national identification requirements undermine them.
Author: Ruthann Robson
Publisher: Cambridge University Press
ISBN: 0521761654
Category : Health & Fitness
Languages : en
Pages : 273
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Book Description
This book examines the rights to expression and equality, and the restraints on government power, as they both limit and allow control of our personal choices.
