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Author:
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ISBN:
Category : Legal briefs
Languages : en
Pages : 0
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Author:
Publisher:
ISBN:
Category : Legal briefs
Languages : en
Pages : 0
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Author:
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ISBN:
Category : Legal briefs
Languages : en
Pages : 58
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Author: Jamal Greene
Publisher: Houghton Mifflin
ISBN: 1328518116
Category : Law
Languages : en
Pages : 341
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Book Description
An eminent constitutional scholar reveals how our approach to rights is dividing America, and shows how we can build a better system of justice.
Author: Roger Foster
Publisher:
ISBN:
Category : Courts
Languages : en
Pages : 1112
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Author: Abner Greene
Publisher: Harvard University Press
ISBN: 0674065174
Category : Law
Languages : en
Pages : 346
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Do citizens of a nation such as the United States have a moral duty to obey the law? Do officials, when interpreting the Constitution, have an obligation to follow what that text meant when ratified? To follow precedent? To follow what the Supreme Court today says the Constitution means?These are questions of political obligation (for citizens) and interpretive obligation (for anyone interpreting the Constitution, often officials). Abner Greene argues that such obligations do not exist. Although citizens should obey some laws entirely, and other laws in some instances, no one has put forth a successful argument that citizens should obey all laws all the time. Greene's case is not only "against" obligation. It is also "for" an approach he calls "permeable sovereignty": all of our norms are on equal footing with the state's laws. Accordingly, the state should accommodate religious, philosophical, family, or tribal norms whenever possible. Greene shows that questions of interpretive obligation share many qualities with those of political obligation. In rejecting the view that constitutional interpreters must follow either prior or higher sources of constitutional meaning, Greene confronts and turns aside arguments similar to those offered for a moral duty of citizens to obey the law.
Author: Henry Campbell Black
Publisher:
ISBN:
Category : Contracts
Languages : en
Pages : 970
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Author:
Publisher:
ISBN:
Category : Law reports, digests, etc
Languages : en
Pages : 2040
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Author: Edmund Samson Green
Publisher:
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Category : Law reports, digests, etc
Languages : en
Pages : 1590
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Author: Austin Abbott
Publisher:
ISBN:
Category : Actions and defenses
Languages : en
Pages : 970
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Author: Georgia. Court of Appeals
Publisher:
ISBN:
Category : Law reports, digests, etc
Languages : en
Pages : 1024
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