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Author: Peter Suber
Publisher:
ISBN:
Category : Constitutional amendments
Languages : en
Pages : 818
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Book Description
Author: Peter Suber
Publisher:
ISBN:
Category : Constitutional amendments
Languages : en
Pages : 818
Get Book
Book Description
Author: Peter Suber
Publisher: Peter Lang Pub Incorporated
ISBN: 9780820412122
Category : Law
Languages : en
Pages : 500
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Book Description
Author: Gary Gerstle
Publisher: Princeton University Press
ISBN: 0691178216
Category : History
Languages : en
Pages : 470
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Book Description
How the conflict between federal and state power has shaped American history American governance is burdened by a paradox. On the one hand, Americans don't want "big government" meddling in their lives; on the other hand, they have repeatedly enlisted governmental help to impose their views regarding marriage, abortion, religion, and schooling on their neighbors. These contradictory stances on the role of public power have paralyzed policymaking and generated rancorous disputes about government’s legitimate scope. How did we reach this political impasse? Historian Gary Gerstle, looking at two hundred years of U.S. history, argues that the roots of the current crisis lie in two contrasting theories of power that the Framers inscribed in the Constitution. One theory shaped the federal government, setting limits on its power in order to protect personal liberty. Another theory molded the states, authorizing them to go to extraordinary lengths, even to the point of violating individual rights, to advance the "good and welfare of the commonwealth." The Framers believed these theories could coexist comfortably, but conflict between the two has largely defined American history. Gerstle shows how national political leaders improvised brilliantly to stretch the power of the federal government beyond where it was meant to go—but at the cost of giving private interests and state governments too much sway over public policy. The states could be innovative, too. More impressive was their staying power. Only in the 1960s did the federal government, impelled by the Cold War and civil rights movement, definitively assert its primacy. But as the power of the central state expanded, its constitutional authority did not keep pace. Conservatives rebelled, making the battle over government’s proper dominion the defining issue of our time. From the Revolution to the Tea Party, and the Bill of Rights to the national security state, Liberty and Coercion is a revelatory account of the making and unmaking of government in America.
Author: Oren Perez
Publisher: Bloomsbury Publishing
ISBN: 1847311784
Category : Law
Languages : en
Pages : 334
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Book Description
Is law paradoxical? This book seeks to unravel the riddle of legal paradoxes. It focuses on two main questions: the nature of legal paradoxes, and their social ramifications. In exploring the structure of legal paradoxes, the book focuses both on generic paradoxes, such as those associated with the self-referential character of legal validity and the endemic incoherence of legal discourse, and on paradoxes that permeate more restricted fields of law, such as contract law, euthanasia, and human rights (the prohibition of torture). The discussion of the social effects of legal paradoxes focuses on the role of paradoxes as drivers of legal change, and explores the institutional mechanisms that ensure the stability of the law, in spite of its paradoxical makeup. The essays in the book discuss these questions from various perspectives, invoking insights from philosophy, systems theory, deconstruction and economics.
Author: Richard Albert
Publisher: Oxford University Press
ISBN: 0190640499
Category : Law
Languages : en
Pages : 320
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Book Description
Constitutional Amendments: Making, Breaking, and Changing Constitutions is both a roadmap for navigating the intellectual universe of constitutional amendments and a blueprint for building and improving the rules of constitutional change. Drawing from dozens of constitutions in every region of the world, this book blends theory with practice to answer two all-important questions: what is an amendment and how should constitutional designers structure the procedures of constitutional change? The first matters now more than ever. Reformers are exploiting the rules of constitutional amendment, testing the limits of legal constraint, undermining the norms of democratic government, and flouting the constitution as written to create entirely new constitutions that masquerade as ordinary amendments. The second question is central to the performance and endurance of constitutions. Constitutional designers today have virtually no resources to guide them in constructing the rules of amendment, and scholars do not have a clear portrait of the significance of amendment rules in the project of constitutionalism. This book shows that no part of a constitution is more important than the procedures we use change it. Amendment rules open a window into the soul of a constitution, exposing its deepest vulnerabilities and revealing its greatest strengths. The codification of amendment rules often at the end of the text proves that last is not always least.
Author: Michael Clark
Publisher: Psychology Press
ISBN: 9780415228084
Category : Paradox
Languages : en
Pages : 234
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Book Description
'This sentence is false'. Is it? If a hotel with an infinite number of rooms is fully occupied, can it still accommodate a new guest? How can we have emotional responses to fiction, when we know that the objects of our emotions do not exist?
Author: Peter Suber
Publisher: Psychology Press
ISBN: 9780415185462
Category : Law
Languages : en
Pages : 132
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Book Description
The Case of Speluncean Explorers: Nine New Opinions includes a reprint of Lon Fuller's classic article and a much-needed revision of and addition to the five opening s originally expressed in the case by five Supreme Court Judges
Author: John Seery
Publisher: Penn State Press
ISBN: 0271056800
Category : Political Science
Languages : en
Pages : 202
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Book Description
Under the Constitution of the United States, those with political ambitions who aspire to serve in the federal government must be at least twenty-five to qualify for membership in the House of Representatives, thirty to run for the Senate, and thirty-five to become president. What is the justification for these age thresholds, and is it time to consider changing them? In this provocative and lively book, John Seery presents the case for a constitutional amendment to lower the age barrier to eighteen, the same age at which citizens become eligible to vote. He divides his argument into three sections. In a historical chapter, he traces the way in which the age qualifications became incorporated in the Constitution in the first place. In a theoretical chapter, he analyzes the normative arguments for office eligibility as a democratic right and liberty. And in a political chapter, he ruminates about the real-world consequences of passing such an amendment and the prospects for its passage. Finally, in a postscript, he argues that younger citizens in particular ought to be exposed to this fundamental issue in civics.
Author: Jeremy Pitt
Publisher: World Scientific
ISBN: 1800610440
Category : Computers
Languages : en
Pages : 400
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Book Description
The paradigm of self-organisation is fundamental to theories of collective action in economic science and democratic governance in political science. Self-organisation in these social systems critically depends on voluntary compliance with conventional rules: that is, rules which are made up, mutually agreed, and modifiable 'on the fly'. How, then, can we use the self-organisation observed in such social systems as an inspiration for decentralised computer systems, which can face similar problems of coordination, cooperation and collaboration between autonomous peers?Self-Organising Multi-Agent Systems presents an innovative and systematic approach to transforming theories of economics and politics (and elements of philosophy, psychology, and jurisprudence) into an executable logical specification of conventional rules. It shows how sets of such rules, called institutions, provide an algorithmic basis for designing and implementing cyber-physical systems, enabling intelligent software processes (called agents) to manage themselves in the face of competition for scarce resources. It also provides a basis for implementing socio-technical systems with interacting human and computational intelligences in a way that is sustainable, fair and legitimate.This interdisciplinary book is essential reading for anyone interested in the 'planned emergence' of global properties, commonly-shared values or successful collective action, especially as a product of social construction, knowledge management and political arrangements. For those studying both computer science and social sciences, this book offers a radically new gateway to a transformative understanding of complex system development and social system modelling.Understanding how a computational representation of qualitative values like justice and democracy can lead to stability and legitimacy of socio-technical systems is among the most pressing software engineering challenges of modern times. This book can be read as an invitation to make the Digital Society better.Related Link(s)
Author: S.J. Bartlett
Publisher: Springer Science & Business Media
ISBN: 940093551X
Category : Philosophy
Languages : en
Pages : 365
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Book Description
Self-reference, although a topic studied by some philosophers and known to a number of other disciplines, has received comparatively little explicit attention. For the most part the focus of studies of self-reference has been on its logical and linguistic aspects, with perhaps disproportionate emphasis placed on the reflexive paradoxes. The eight-volume Macmillan Encyclopedia of Philosophy, for example, does not contain a single entry in its index under "self-reference", and in connection with "reflexivity" mentions only "relations", "classes", and "sets". Yet, in this volume, the introductory essay identifies some 75 varieties and occurrences of self-reference in a wide range of disciplines, and the bibliography contains more than 1,200 citations to English language works about reflexivity. The contributed papers investigate a number of forms and applications of self-reference, and examine some of the challenges posed by its difficult temperament. The editors hope that readers of this volume will gain a richer sense of the sti11largely unexplored frontiers of reflexivity, and of the indispensability of reflexive concepts and methods to foundational inquiries in philosophy, logic, language, and into the freedom, personality and intelligence of persons.
