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Author: Robert H. Bork
Publisher: American Enterprise Institute Press
ISBN:
Category : Law
Languages : en
Pages : 32
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Book Description
Author: Robert H. Bork
Publisher: American Enterprise Institute Press
ISBN:
Category : Law
Languages : en
Pages : 32
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Book Description
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: Bruce P. Frohnen
Publisher: Harvard University Press
ISBN: 0674968921
Category : Law
Languages : en
Pages : 304
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Book Description
Americans are increasingly ruled by an unwritten constitution consisting of executive orders, signing statements, and other forms of quasi-law that lack the predictability and consistency essential for the legal system to function properly. As a result, the U.S. Constitution no longer means what it says to the people it is supposed to govern, and the government no longer acts according to the rule of law. These developments can be traced back to a change in “constitutional morality,” Bruce Frohnen and George Carey argue in this challenging book. The principle of separation of powers among co-equal branches of government formed the cornerstone of America’s original constitutional morality. But toward the end of the nineteenth century, Progressives began to attack this bedrock principle, believing that it impeded government from “doing the people’s business.” The regime of mixed powers, delegation, and expansive legal interpretation they instituted rejected the ideals of limited government that had given birth to the Constitution. Instead, Progressives promoted a governmental model rooted in French revolutionary claims. They replaced a Constitution designed to mediate among society’s different geographic and socioeconomic groups with a body of quasi-laws commanding the democratic reformation of society. Pursuit of this Progressive vision has become ingrained in American legal and political culture—at the cost, according to Frohnen and Carey, of the constitutional safeguards that preserve the rule of law.
Author: Jefferson Powell
Publisher: Duke University Press
ISBN: 9780822313144
Category : Law
Languages : en
Pages : 320
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Book Description
Locates the origins of constitutional law in the Enlightenment attempt to control the violence of the state by subjecting power to reason, then shows its evolution into a tradition of rational inquiry embodied in a community of lawyers and judges. Continues with discussion of how the tradition's 19th-century presuppositions about the autonomy and rationality of constitutional argument have been undermined in the 20th century. Annotation copyright by Book News, Inc., Portland, OR
Author: Adrian Vermeule
Publisher: John Wiley & Sons
ISBN: 1509548882
Category : Political Science
Languages : en
Pages : 171
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Book Description
The way that Americans understand their Constitution and wider legal tradition has been dominated in recent decades by two exhausted approaches: the originalism of conservatives and the “living constitutionalism” of progressives. Is it time to look for an alternative? Adrian Vermeule argues that the alternative has been there, buried in the American legal tradition, all along. He shows that US law was, from the founding, subsumed within the broad framework of the classical legal tradition, which conceives law as “a reasoned ordering to the common good.” In this view, law’s purpose is to promote the goods a flourishing political community requires: justice, peace, prosperity, and morality. He shows how this legacy has been lost, despite still being implicit within American public law, and convincingly argues for its recovery in the form of “common good constitutionalism.” This erudite and brilliantly original book is a vital intervention in America’s most significant contemporary legal debate while also being an enduring account of the true nature of law that will resonate for decades with scholars and students.
Author: Stuart Hampshire
Publisher: Cambridge University Press
ISBN: 9780521293525
Category : Business & Economics
Languages : en
Pages : 156
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Book Description
Collection of essays by well-known British and American philosophers on the moral principles by which public policies and political decisions should be judged: does effective political action necessarily involve and justify actions which the individual would regard as unacceptable in "private" morality?
Author: Robert P. George
Publisher: Oxford University Press
ISBN: 9780198235521
Category : Law
Languages : en
Pages : 388
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Book Description
Natural law theory is enjoying a revival of interest in a variety of scholarly disciplines including law, philosophy, political science, and theology and religious studies. This volume presents twelve original essays by leading natural law theorists and their critics. The contributors discuss natural law theories of morality, law and legal reasoning, politics, and the rule of law. Readers get a clear sense of the wide diversity of viewpoints represented among contemporary theorists, and an opportunity to evaluate the arguments and counterarguments exchanged in the current debates between natural law theorists and their critics. Contributors include Hadley Arkes, Joseph M. Boyle, Jr., John Finnis, Robert P. George, Russell Hittinger, Neil MacCormick, Michael Moore, Jeffrey Stout, Joseph Raz, Jeremy Waldron, Lloyd Weinreb, and Ernest Weinrib.
Author: Mark V. Tushnet
Publisher:
ISBN:
Category : Law
Languages : en
Pages : 350
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Book Description
Author: Lon Luvois Fuller
Publisher:
ISBN: 9788175341630
Category : Law and ethics
Languages : en
Pages : 0
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Book Description
Author: Stephen E. Gottlieb
Publisher: NYU Press
ISBN: 9780814731284
Category : Biography & Autobiography
Languages : en
Pages : 372
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Book Description
We like to think of judges and justices as making decisions based on the facts and the law. But to what extent do jurists decide cases in accordance with their own preexisting philosophy of law, and what specific ideological assumptions account for their decisions? Stephen E. Gottlieb adopts a unique perspective on the decision-making of Supreme Court justices, blending and re-characterizing traditional accounts of political philosophy in a way that plausibly explains many of the justices' voting patterns. A seminal study of the Rehnquist Court, Morality Imposed illustrates how, in contrast to previous courts which took their mandate to be a move toward a freer and/or happier society, the current court evidences little concern for this goal, focusing instead on thinly veiled moral judgments. Delineating a fault line between liberal and conservative justices on the Rehnquist Court, Gottlieb suggests that conservative justices have rejected the basic principles that informed post-New Deal individual rights jurisprudence and have substituted their own conceptions of moral character for these fundamental principles. Morality Imposed adds substantially to our understanding of the Supreme Court, its most recent cases, and the evolution of judicial philosophy in the U.S.
