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Author: Jack N. Rakove
Publisher: Vintage
ISBN: 0307434516
Category : Political Science
Languages : en
Pages : 465
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Book Description
From abortion to same-sex marriage, today's most urgent political debates will hinge on this two-part question: What did the United States Constitution originally mean and who now understands its meaning best? Rakove chronicles the Constitution from inception to ratification and, in doing so, traces its complex weave of ideology and interest, showing how this document has meant different things at different times to different groups of Americans.
Author: Jack N. Rakove
Publisher: Vintage
ISBN: 0307434516
Category : Political Science
Languages : en
Pages : 465
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Book Description
From abortion to same-sex marriage, today's most urgent political debates will hinge on this two-part question: What did the United States Constitution originally mean and who now understands its meaning best? Rakove chronicles the Constitution from inception to ratification and, in doing so, traces its complex weave of ideology and interest, showing how this document has meant different things at different times to different groups of Americans.
Author: Jack N. Rakove
Publisher: Vintage
ISBN: 0679781218
Category : Political Science
Languages : en
Pages : 465
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Book Description
From abortion to same-sex marriage, today's most urgent political debates will hinge on this two-part question: What did the United States Constitution originally mean and who now understands its meaning best? Rakove chronicles the Constitution from inception to ratification and, in doing so, traces its complex weave of ideology and interest, showing how this document has meant different things at different times to different groups of Americans.
Author: Eustace Miles
Publisher:
ISBN:
Category : Greek language
Languages : en
Pages : 280
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Book Description
Author: Imran Ahsan Khan Nyazee
Publisher: Lulu.com
ISBN: 0359932657
Category : Law
Languages : en
Pages : 137
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Book Description
The texts of the Ḥanafī School on uṣūl al-fiqh written up to the end of the Fifth Century of the Hijrah show that the discipline of uṣūl al-fiqh was significantly different from what it turned out to be in the later centuries, which were more theoretical in nature as compared to the earlier texts. As Shāfi'ī uṣūlīs started wielding greater influence, especially the promotion of a different concept of the Sunnah and a more literal approach, Ḥanafī writers probably went on the defensive, incorporating ideas from Shāfi'ī uṣūl. The purpose of this book is not to trace the historical development of uṣūl al-fiqh, but to merely identify what the early uṣūlīs like Jaṣṣaṣ, Dabbūsī and Sarakhsī had to say about the discipline of uṣūl al-fiqh.Another aim is to find out the nature of the discipline during the early period that was responsible for growth and dynamism. The main emphasis, however, is on the meaning of uṣūl al-fiqh as a discipline and on the nature of the rules of interpretation (qawn̄īn uṣūliyyah).
Author: Randy E. Barnett
Publisher: Harvard University Press
ISBN: 0674257766
Category : Law
Languages : en
Pages : 489
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Book Description
A renowned constitutional scholar and a rising star provide a balanced and definitive analysis of the origins and original meaning of the Fourteenth Amendment. Adopted in 1868, the Fourteenth Amendment profoundly changed the Constitution, giving the federal judiciary and Congress new powers to protect the fundamental rights of individuals from being violated by the states. Yet, according to Randy Barnett and Evan Bernick, the Supreme Court has long misunderstood or ignored the original meaning of the amendmentÕs key clauses, covering the privileges and immunities of citizenship, due process of law, and the equal protection of the laws. Barnett and Bernick contend that the Fourteenth Amendment was the culmination of decades of debates about the meaning of the antebellum Constitution. Antislavery advocates advanced arguments informed by natural rights, the Declaration of Independence, and the common law. They also utilized what is today called public-meaning originalism. Although their arguments lost in the courts, the Republican Party was formed to advance an antislavery political agenda, eventually bringing about abolition. Then, when abolition alone proved insufficient to thwart Southern repression and provide for civil equality, the Fourteenth Amendment was enacted. It went beyond abolition to enshrine in the Constitution the concept of Republican citizenship and granted Congress power to protect fundamental rights and ensure equality before the law. Finally, Congress used its powers to pass Reconstruction-era civil rights laws that tell us much about the original scope of the amendment. With evenhanded attention to primary sources, The Original Meaning of the Fourteenth Amendment shows how the principles of the Declaration eventually came to modify the Constitution and proposes workable doctrines for implementing the key provisions of Section 1 of the Fourteenth Amendment.
Author: Jack M. Balkin
Publisher: Harvard University Press
ISBN: 0674063031
Category : Law
Languages : en
Pages : 481
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Book Description
Originalism and living constitutionalism, so often understood to be diametrically opposing views of our nation’s founding document, are not in conflict—they are compatible. So argues Jack Balkin, one of the leading constitutional scholars of our time, in this long-awaited book. Step by step, Balkin gracefully outlines a constitutional theory that demonstrates why modern conceptions of civil rights and civil liberties, and the modern state’s protection of national security, health, safety, and the environment, are fully consistent with the Constitution’s original meaning. And he shows how both liberals and conservatives, working through political parties and social movements, play important roles in the ongoing project of constitutional construction. By making firm rules but also deliberately incorporating flexible standards and abstract principles, the Constitution’s authors constructed a framework for politics on which later generations could build. Americans have taken up this task, producing institutions and doctrines that flesh out the Constitution’s text and principles. Balkin’s analysis offers a way past the angry polemics of our era, a deepened understanding of the Constitution that is at once originalist and living constitutionalist, and a vision that allows all Americans to reclaim the Constitution as their own.
Author: Zhu Xi
Publisher: Columbia University Press
ISBN: 023154930X
Category : Literary Criticism
Languages : en
Pages : 442
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Book Description
The Yijing (I Ching), or Scripture of Change, is traditionally considered the first and most profound of the Chinese classics. Originally a divination manual based on trigrams and hexagrams, by the beginning of the first millennium it had acquired written explanations and a series of appendices attributed to Confucius, which transformed it into a work of wisdom literature as well as divination. Over the centuries, hundreds of commentaries were written on it, but for the past thousand years, one of the most influential has been that of Zhu Xi (1130–1200), who synthesized the major interpretive approaches to the text and integrated it into his system of moral self-cultivation. Joseph A. Adler’s translation of the Yijing includes for the first time in English Zhu Xi’s commentary in full. Adler explores Zhu Xi’s interpretation of the text and situates it in the context of his overall theoretical system. Zhu Xi held that the Yijing was originally composed for the purpose of divination by the mythic sage Fuxi, who intended to create a system to aid decision making. The text’s meaning, therefore, could not be captured by a single commentator; it would emerge for each person through the process of divination. This translation makes available to the English-language audience a crucial text in the history of Chinese religion and philosophy, with an introduction and translator’s notes that explain its intellectual and historical context.
Author:
Publisher:
ISBN:
Category : Constitutional law
Languages : en
Pages : 300
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Book Description
Author: United States. Department of Justice. Office of Legal Policy
Publisher:
ISBN:
Category : Constitutional law
Languages : en
Pages : 202
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Book Description
Author:
Publisher:
ISBN:
Category : Constitutional law
Languages : en
Pages : 196
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Book Description
