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Author: Stu Woolman
Publisher: African Books Collective
ISBN: 1920033793
Category : Law
Languages : en
Pages : 582
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Book Description
Do you possess 'freedom'-the will to do as you choose-as an individual, as a participant in social affairs or as a citizen in the political realm? Well, no. Not really. At least not as most of us understand a term loaded down with metaphysical baggage. Don't worry. You've got something better: a neurological system capable of carrying out the most complex analytical and computational tasks; membership in innumerable communities that provide you with huge stores of knowledge and wisdom; and a politico-constitutional order that ought to provide the material and the immaterial conditions that will enable you to pursue a life worth valuing. Drop the simplistic folk-psychology of unfettered freedom, whilst holding on to intentionality, and you might be inclined to adopt a set of social practices and political arrangements that enhance the chances that you and your compatriots will flourish. As many recent studies of consciousness reveal our neurological systems are complex feedback mechanisms designed to create myriad for trial and error and (if you survive) the production of new stores of knowledge. Individuals-comprised of numerous radically heterogeneous, naturally and socially determined selves-are always experimenting, attempting to divine through reflection and action, what 'works' best: even when 'best' means fully embracing who we already are. Choice architects, those persons charged with constructing the environments within which we operate daily, should (if responsible) regularly run experiments that attempt to eliminate biases, and ultimately, deliver norms that nudge us away from negative defaults toward more optimal ends. A constitutional democracy, made up of millions of radically heterogeneous, densely populated individuals, constantly strives to determine what works best for most of its many constituents. Because South Africa's Constitution states (at an extremely high level of generality) only some of the norms that govern our lives, it remains for citizens, representatives and judges to create doctrines and institutions that serve its capaciously framed ends best. After canvassing the relevant literature in neuroscience, empirical philosophy, behavioural psychology, social capital theory, development economics, and emergent experimental governance, this work suggests that manifold experiments in living that fall within the accepted parameters of our shared constitutional norms are likely, over time, to produce more optimal ways of being that can be replicated by other members of our polity. Our reflexive stance toward best practices-a linchpin of this book's take on experimental governance-when inextricably linked to a commitment to flourishing and to the expansion of individual capabilities, should cause us to alter the content of the fundamental norms that shape our lives and bind us to one another. A political order founded upon experimental constitutionalism and flourishing promises an egalitarian pluralist reformation of South African society. The book spins out its novel thesis against the concrete backdrop of political arrangements and judicial doctrines that have emerged during the first 20 years of our truly vibrant constitutional democracy. Its trenchant analysis of political institutions and constitutional case law shows us how far we have come, and how far we still have to go.
Author: Stu Woolman
Publisher: African Books Collective
ISBN: 1920033793
Category : Law
Languages : en
Pages : 582
Get Book
Book Description
Do you possess 'freedom'-the will to do as you choose-as an individual, as a participant in social affairs or as a citizen in the political realm? Well, no. Not really. At least not as most of us understand a term loaded down with metaphysical baggage. Don't worry. You've got something better: a neurological system capable of carrying out the most complex analytical and computational tasks; membership in innumerable communities that provide you with huge stores of knowledge and wisdom; and a politico-constitutional order that ought to provide the material and the immaterial conditions that will enable you to pursue a life worth valuing. Drop the simplistic folk-psychology of unfettered freedom, whilst holding on to intentionality, and you might be inclined to adopt a set of social practices and political arrangements that enhance the chances that you and your compatriots will flourish. As many recent studies of consciousness reveal our neurological systems are complex feedback mechanisms designed to create myriad for trial and error and (if you survive) the production of new stores of knowledge. Individuals-comprised of numerous radically heterogeneous, naturally and socially determined selves-are always experimenting, attempting to divine through reflection and action, what 'works' best: even when 'best' means fully embracing who we already are. Choice architects, those persons charged with constructing the environments within which we operate daily, should (if responsible) regularly run experiments that attempt to eliminate biases, and ultimately, deliver norms that nudge us away from negative defaults toward more optimal ends. A constitutional democracy, made up of millions of radically heterogeneous, densely populated individuals, constantly strives to determine what works best for most of its many constituents. Because South Africa's Constitution states (at an extremely high level of generality) only some of the norms that govern our lives, it remains for citizens, representatives and judges to create doctrines and institutions that serve its capaciously framed ends best. After canvassing the relevant literature in neuroscience, empirical philosophy, behavioural psychology, social capital theory, development economics, and emergent experimental governance, this work suggests that manifold experiments in living that fall within the accepted parameters of our shared constitutional norms are likely, over time, to produce more optimal ways of being that can be replicated by other members of our polity. Our reflexive stance toward best practices-a linchpin of this book's take on experimental governance-when inextricably linked to a commitment to flourishing and to the expansion of individual capabilities, should cause us to alter the content of the fundamental norms that shape our lives and bind us to one another. A political order founded upon experimental constitutionalism and flourishing promises an egalitarian pluralist reformation of South African society. The book spins out its novel thesis against the concrete backdrop of political arrangements and judicial doctrines that have emerged during the first 20 years of our truly vibrant constitutional democracy. Its trenchant analysis of political institutions and constitutional case law shows us how far we have come, and how far we still have to go.
Author: Kevin Bleyer
Publisher: Random House
ISBN: 067960412X
Category : Humor
Languages : en
Pages : 354
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Book Description
The United States Constitution promised a More Perfect Union. It’s a shame no one bothered to write a more perfect Constitution—one that didn’t trigger more than two centuries of arguments about what the darn thing actually says. Until now. Perfection is at hand. A new, improved Constitution is here. And you are holding it. But first, some historical context: In the eighteenth century, a lawyer named James Madison gathered his friends in Philadelphia and, over four long months, wrote four short pages: the Constitution of the United States of America. Not bad. In the nineteenth century, a president named Abraham Lincoln freed an entire people from the flaws in that Constitution by signing the Emancipation Proclamation. Pretty impressive. And in the twentieth century, a doctor at the Bethesda Naval Hospital delivered a baby—but not just any baby. Because in the twenty-first century, that baby would become a man, that man would become a patriot, and that patriot would rescue a country . . . by single-handedly rewriting that Constitution. Why? We think of our Constitution as the painstakingly designed blueprint drawn up by, in Thomas Jefferson’s words, an “assembly of demigods” who laid the foundation for the sturdiest republic ever created. The truth is, it was no blueprint at all but an Etch A Sketch, a haphazard series of blunders, shaken clean and redrawn countless times during a summer of petty debates, drunken ramblings, and desperate compromise—as much the product of an “assembly of demigods” as a confederacy of dunces. No wonder George Washington wished it “had been made more perfect.” No wonder Benjamin Franklin stomached it only “with all its faults.” The Constitution they wrote is a hot mess. For starters, it doesn’t mention slavery, or democracy, or even Facebook; it plays favorites among the states; it has typos, smudges, and misspellings; and its Preamble, its most famous passage, was written by a man with a peg leg. Which, if you think about it, gives our Constitution hardly a leg to stand on. [Pause for laughter.] Now stop laughing. Because you hold in your hands no mere book, but the most important document of our time. Its creator, Daily Show writer Kevin Bleyer, paid every price, bore every burden, and saved every receipt in his quest to assure the salvation of our nation’s founding charter. He flew to Greece, the birthplace of democracy. He bused to Philly, the home of independence. He went toe-to-toe (face-to-face) with Scalia. He added nightly confabs with James Madison to his daily consultations with Jon Stewart. He tracked down not one but two John Hancocks—to make his version twice as official. He even read the Constitution of the United States. So prepare yourselves, fellow patriots, for the most significant literary event of the twenty-first, twentieth, nineteenth, and latter part of the eighteenth centuries. Me the People won’t just form a More Perfect Union. It will save America. Praise for Me the People “I would rather read a constitution written by Kevin Bleyer than by the sharpest minds in the country.”—Jon Stewart “Bleyer takes a red pencil to democracy’s most hallowed laundry list. . . . Uproarious and fascinating.”—Reader’s Digest “I knew James Madison. James Madison was a friend of mine. Mr. Bleyer, you are no James Madison. But you sure are a heck of a lot more fun.”—Pulitzer Prize–winning historian Doris Kearns Goodwin, author of the #1 New York Times bestseller Team of Rivals
Author: Kevin Bleyer
Publisher: Random House Trade Paperbacks
ISBN: 0812981685
Category : Humor
Languages : en
Pages : 354
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Book Description
The United States Constitution promised a More Perfect Union. It’s a shame no one bothered to write a more perfect Constitution—one that didn’t trigger more than two centuries of arguments about what the darn thing actually says. Until now. Perfection is at hand. A new, improved Constitution is here. And you are holding it. But first, some historical context: In the eighteenth century, a lawyer named James Madison gathered his friends in Philadelphia and, over four long months, wrote four short pages: the Constitution of the United States of America. Not bad. In the nineteenth century, a president named Abraham Lincoln freed an entire people from the flaws in that Constitution by signing the Emancipation Proclamation. Pretty impressive. And in the twentieth century, a doctor at the Bethesda Naval Hospital delivered a baby—but not just any baby. Because in the twenty-first century, that baby would become a man, that man would become a patriot, and that patriot would rescue a country . . . by single-handedly rewriting that Constitution. Why? We think of our Constitution as the painstakingly designed blueprint drawn up by, in Thomas Jefferson’s words, an “assembly of demigods” who laid the foundation for the sturdiest republic ever created. The truth is, it was no blueprint at all but an Etch A Sketch, a haphazard series of blunders, shaken clean and redrawn countless times during a summer of petty debates, drunken ramblings, and desperate compromise—as much the product of an “assembly of demigods” as a confederacy of dunces. No wonder George Washington wished it “had been made more perfect.” No wonder Benjamin Franklin stomached it only “with all its faults.” The Constitution they wrote is a hot mess. For starters, it doesn’t mention slavery, or democracy, or even Facebook; it plays favorites among the states; it has typos, smudges, and misspellings; and its Preamble, its most famous passage, was written by a man with a peg leg. Which, if you think about it, gives our Constitution hardly a leg to stand on. [Pause for laughter.] Now stop laughing. Because you hold in your hands no mere book, but the most important document of our time. Its creator, Daily Show writer Kevin Bleyer, paid every price, bore every burden, and saved every receipt in his quest to assure the salvation of our nation’s founding charter. He flew to Greece, the birthplace of democracy. He bused to Philly, the home of independence. He went toe-to-toe (face-to-face) with Scalia. He added nightly confabs with James Madison to his daily consultations with Jon Stewart. He tracked down not one but two John Hancocks—to make his version twice as official. He even read the Constitution of the United States. So prepare yourselves, fellow patriots, for the most significant literary event of the twenty-first, twentieth, nineteenth, and latter part of the eighteenth centuries. Me the People won’t just form a More Perfect Union. It will save America. Praise for Me the People “I would rather read a constitution written by Kevin Bleyer than by the sharpest minds in the country.”—Jon Stewart “Bleyer takes a red pencil to democracy’s most hallowed laundry list. . . . Uproarious and fascinating.”—Reader’s Digest “I knew James Madison. James Madison was a friend of mine. Mr. Bleyer, you are no James Madison. But you sure are a heck of a lot more fun.”—Pulitzer Prize–winning historian Doris Kearns Goodwin, author of the #1 New York Times bestseller Team of Rivals
Author: Kevin Bleyer
Publisher: Random House Digital, Inc.
ISBN: 1400069351
Category : Constitutional history
Languages : en
Pages : 354
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Book Description
Presents an offbeat revision of the U.S. Constitution that reflects twenty-first century realities and addresses unresolved questions while describing the author's research into ancient Greece's early practices of democracy.
Author: Woody Holton
Publisher: Hill and Wang
ISBN: 1429923660
Category : History
Languages : en
Pages : 384
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Book Description
Average Americans Were the True Framers of the Constitution Woody Holton upends what we think we know of the Constitution's origins by telling the history of the average Americans who challenged the framers of the Constitution and forced on them the revisions that produced the document we now venerate. The framers who gathered in Philadelphia in 1787 were determined to reverse America's post–Revolutionary War slide into democracy. They believed too many middling Americans exercised too much influence over state and national policies. That the framers were only partially successful in curtailing citizen rights is due to the reaction, sometimes violent, of unruly average Americans. If not to protect civil liberties and the freedom of the people, what motivated the framers? In Unruly Americans and the Origins of the Constitution, Holton provides the startling discovery that the primary purpose of the Constitution was, simply put, to make America more attractive to investment. And the linchpin to that endeavor was taking power away from the states and ultimately away from the people. In an eye-opening interpretation of the Constitution, Holton captures how the same class of Americans that produced Shays's Rebellion in Massachusetts (and rebellions in damn near every other state) produced the Constitution we now revere. Unruly Americans and the Origins of the Constitution is a 2007 National Book Award Finalist for Nonfiction.
Author: James M. Buchanan
Publisher: University of Michigan Press
ISBN: 9780472061006
Category : Decision-making
Languages : en
Pages : 388
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Book Description
A scientific study of the political and economic factors influencing democratic decision making
Author: David S. Law
Publisher:
ISBN: 1108674267
Category : Law
Languages : en
Pages : 612
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Book Description
With its emphasis on emerging and cutting-edge debates in the study of comparative constitutional law and politics, its suitability for both research and teaching use, and its distinguished and diverse cast of contributors, this handbook is a must-have for scholars and instructors alike. This versatile volume combines the depth and rigor of a scholarly reference work with features for teaching in law and social science courses. Its interdisciplinary case-study approach provides political and historical as well as legal context: each modular chapter offers an overview of a topic and a jurisdiction, followed by a case study that simultaneously contextualizes both. Its forward-looking and highly diverse selection of topics and jurisdictions fills gaps in the literature on the Global South as well as the West. A timely section on challenges to liberal constitutional democracy addresses pressing concerns about democratic backsliding and illiberal and/or authoritarian regimes.
Author: Michel Rosenfeld
Publisher: Routledge
ISBN: 1135253285
Category : Law
Languages : en
Pages : 344
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Book Description
The last fifty years has seen a worldwide trend toward constitutional democracy. But can constitutionalism become truly global? Relying on historical examples of successfully implanted constitutional regimes, ranging from the older experiences in the United States and France to the relatively recent ones in Germany, Spain and South Africa, Michel Rosenfeld sheds light on the range of conditions necessary for the emergence, continuity and adaptability of a viable constitutional identity - citizenship, nationalism, multiculturalism, and human rights being important elements. The Identity of the Constitutional Subject is the first systematic analysis of the concept, drawing on philosophy, psychoanalysis, political theory and law from a comparative perspective to explore the relationship between the ideal of constitutionalism and the need to construct a common constitutional identity that is distinct from national, cultural, ethnic or religious identity. The Identity of the Constitutional Subject will be of interest to students and scholars in law, legal and political philosophy, political science, multicultural studies, international relations and US politics.
Author: Stu Woolman
Publisher: PULP
ISBN: 0981412459
Category : Constitutional law
Languages : en
Pages : 271
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Book Description
About the publication The law on education and educational practices in South Africa would exhaust the capacity of any meaningful monograph. Instead, the authors of this book engage six discrete topics that refl ect the broader currents and conflicts in South African education debates: (a) school choice; (b) school fees; (c) the right to an adequate basic education; (d) single medium public schools; (e) school governing bodies; and (f) independent schools. The book has two further aims. First: To move beyond the debates taking place separately in the education policy community and the legal academy, and to demonstrate how these disciplines, working in concert with each other, can advance our understanding of law and education in South Africa. Second: To show that the ANC's complex education agenda must mirror the egalitarian, utilitarian, democratic, and communitarian commitments found within the Constitution. How these competing political claims refl ected in our basic law play themselves out in the enabling education legislation, the case law and government education policy, frames each topic assayed in this work. About the editor: Stu Woolman is the Academic Director at the South Africa Institute for Advanced Constitutional, Public, Human Rights and International Law. Brahm Fleisch is Associate Professor in the Division of Education Leadership and Policy Studies in Wits School of Education.
Author: Ousman A.S. Jammeh
Publisher: AuthorHouse
ISBN: 9781467007429
Category : Juvenile Nonfiction
Languages : en
Pages : 406
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Book Description
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