Author: Justin Buckley Dyer
Publisher: Cambridge University Press
ISBN: 1139505157
Category : Political Science
Languages : en
Pages :
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Book Description
In Natural Law and the Antislavery Constitutional Tradition, Justin Buckley Dyer provides a succinct account of the development of American antislavery constitutionalism in the years preceding the Civil War. Within the context of recent revisionist scholarship, Dyer argues that the theoretical foundations of American constitutionalism - which he identifies with principles of natural law - were antagonistic to slavery. Still, the continued existence of slavery in the nineteenth century created a tension between practice and principle. In a series of case studies, Dyer reconstructs the constitutional arguments of prominent antislavery thinkers such as John Quincy Adams, John McLean, Abraham Lincoln and Frederick Douglass, who collectively sought to overcome the legacy of slavery by emphasizing the natural law foundations of American constitutionalism. What emerges is a convoluted understanding of American constitutional development that challenges traditional narratives of linear progress while highlighting the centrality of natural law to America's greatest constitutional crisis.
Author: Justin Buckley Dyer
Publisher: Cambridge University Press
ISBN: 1107013631
Category : History
Languages : en
Pages : 209
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Book Description
Natural Law and the Antislavery Constitutional Tradition is a succinct account of the development of American antislavery constitutionalism in the years preceding the Civil War. In a series of case studies, Dyer reconstructs the arguments of prominent antislavery thinkers such as John Quincy Adams, John McLean, Abraham Lincoln, and Frederick Douglass. What emerges is a convoluted understanding of American constitutional development that emphasizes the centrality of natural law to America's greatest constitutional crisis.
Author: Robert M. Cover
Publisher: Yale University Press
ISBN: 9780300032529
Category : Law
Languages : en
Pages : 340
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Book Description
What should a judge do when he must hand down a ruling based on a law that he considers unjust or oppressive? This question is examined through a series of problems concerning unjust law that arose with respect to slavery in nineteenth-century America. "Cover's book is splendid in many ways. His legal history and legal philosophy are both first class. . . . This is, for a change, an interdisciplinary work that is a credit to both disciplines."--Ronald Dworkin, Times Literary Supplement "Scholars should be grateful to Cover for his often brilliant illumination of tensions created in judges by changing eighteenth- and nineteenth-century jurisprudential attitudes and legal standards. . . An exciting adventure in interdisciplinary history."--Harold M. Hyman, American Historical Review "A most articulate, sophisticated, and learned defense of legal formalism. . . Deserves and needs to be widely read."--Don Roper, Journal of American History "An excellent illustration of the way in which a burning moral issue relates to the American judicial process. The book thus has both historical value and a very immediate importance."--Edwards A. Stettner, Annals of the American Academy of Political and Social Science "A really fine book, an important contribution to law and to history."--Louis H. Pollak
Author: Justin Buckley Dyer
Publisher: Cambridge University Press
ISBN: 1107328675
Category : Political Science
Languages : en
Pages : 207
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Book Description
For the past forty years, prominent pro-life activists, judges and politicians have invoked the history and legacy of American slavery to elucidate aspects of contemporary abortion politics. As is often the case, many of these popular analogies have been imprecise, underdeveloped and historically simplistic. In Slavery, Abortion, and the Politics of Constitutional Meaning, Justin Buckley Dyer provides the first book-length scholarly treatment of the parallels between slavery and abortion in American constitutional development. In this fascinating and wide-ranging study, Dyer demonstrates that slavery and abortion really are historically, philosophically and legally intertwined in America. The nexus, however, is subtler and more nuanced than is often suggested, and the parallels involve deep principles of constitutionalism.
Author: Justin Buckley Dyer
Publisher: Cambridge University Press
ISBN: 1107108241
Category : Law
Languages : en
Pages : 173
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Book Description
This book shows how Lewis was interested in the truths and falsehoods about human nature and how these conceptions manifest themselves in the public square.
Author: Stuart Banner
Publisher: Oxford University Press
ISBN: 0197556493
Category : Common law
Languages : en
Pages : 265
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Book Description
The law of nature -- The common law -- The adoption of written constitutions -- The separation of law and religion -- The explosion in law publishing -- The two-sidedness of natural law -- The decline of natural law and custom --Substitutes for natural law -- Echoes of natural law.
Author: George Thomas
Publisher: Cambridge University Press
ISBN: 1107083435
Category : Education
Languages : en
Pages : 253
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Book Description
"Constituting the American Mind is about early efforts to establish a national university and what those efforts say about the nature and logic of American Constitutionalism. This book offers the first in depth study of the efforts to establish a national university from a constitutional perspective. While mostly noted in passing, the national university was put forward by every president from Washington to John Quincy Adams as a necessary supplement to the formal institutions of government; it would help constitute the American mind in a manner that carried forward the ideas the constitution rested on including, for example, the separation of the "civic" from the "theological.""--
Author: Jeffrey L. Pasley
Publisher: University of Missouri Press
ISBN: 0826274676
Category : History
Languages : en
Pages : 426
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Book Description
Many new states entered the United States around 200 years ago, but only Missouri almost killed the nation it was trying to join. When the House of Representatives passed the Tallmadge Amendment banning slavery from the prospective new state in February 1819, it set off a two-year political crisis in which growing northern antislavery sentiment confronted the aggressive westward expansion of the peculiar institution by southerners. The Missouri Crisis divided the U.S. into slave and free states for the first time and crystallized many of the arguments and conflicts that would later be settled violently during the Civil War. The episode was, as Thomas Jefferson put it, “a fire bell in the night” that terrified him as the possible “knell of the Union.” Drawn from the of participants in two landmark conferences held at the University of Missouri and the City University of New York, those who contributed original essays to this second of two volumes—a group that includes young scholars and foremost authorities in the field—answer the Missouri “Question,” in bold fashion, challenging assumptions both old and new in the long historiography by approaching the event on its own terms, rather than as the inevitable sequel of the flawed founding of the republic or a prequel to its near destruction. This second volume of A Fire Bell in the Past features a foreword by Daive Dunkley. Contributors include Dianne Mutti Burke, Christopher Childers, Edward P. Green, Zachary Dowdle, David J. Gary, Peter Kastor, Miriam Liebman, Matthew Mason, Kate Masur, Mike McManus, Richard Newman, and Nicholas Wood.
Author: Professor Marek Zirk-Sadowski
Publisher: Ashgate Publishing, Ltd.
ISBN: 1472444906
Category : Law
Languages : en
Pages : 297
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Book Description
This book analyses debates concerning the nature, justification and legal protection of human rights with reference to the issues surrounding social milieu as a source of any legitimized law. With contributions from a global network of scientists across several continents, the work examines the understanding of the normative framework, expressed in terms of human rights that guarantee autonomous action in public and private and goes beyond the legal analysis to discuss communication strategies in human rights.
Author: Forrest A. Nabors
Publisher: University of Missouri Press
ISBN: 0826273912
Category : Political Science
Languages : en
Pages : 420
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Book Description
On December 4, 1865, members of the 39th United States Congress walked into the Capitol Building to begin their first session after the end of the Civil War. They understood their responsibility to put the nation back on the path established by the American Founding Fathers. The moment when the Republicans in the Reconstruction Congress remade the nation and renewed the law is in a class of rare events. The Civil War should be seen in this light. In From Oligarchy to Republicanism: The Great Task of Reconstruction, Forrest A. Nabors shows that the ultimate goal of the Republican Party, the war, and Reconstruction was the same. This goal was to preserve and advance republicanism as the American founders understood it, against its natural, existential enemy: oligarchy. The principle of natural equality justified American republicanism and required abolition and equal citizenship. Likewise, slavery and discrimination on the basis of color stand on the competing moral foundation of oligarchy, the principle of natural inequality, which requires ranks. The effect of slavery and the division of the nation into two “opposite systems of civilization” are causally linked. Charles Devens, a lawyer who served as a general in the Union Army, and his contemporaries understood that slavery’s existence transformed the character of political society. One of those dramatic effects was the increased power of slaveowners over those who did not have slaves. When the slave state constitutions enumerated slaves in apportioning representation using the federal three-fifths ratio or by other formulae, intra-state sections where slaves were concentrated would receive a substantial grant of political power for slave ownership. In contrast, low slave-owning sections of the state would lose political representation and political influence over the state. This contributed to the non-slaveholders’ loss of political liberty in the slave states and provided a direct means by which the slaveholders acquired and maintained their rule over non-slaveholders. This book presents a shared analysis of the slave South, synthesized from the writings and speeches of the Republicans who served in the Thirty-Eighth, Thirty-Ninth or Fortieth Congress from 1863-1869. The account draws from their writings and speeches dated before, during, and after their service in Congress. Nabors shows how the Republican majority, charged with the responsibility of reconstructing the South, understood the South. Republicans in Congress were generally united around the fundamental problem and goal of Reconstruction. They regarded their work in the same way as they regarded the work of the American founders. Both they and the founders were engaged in regime change, from monarchy in the one case, and from oligarchy in the other, to republicanism. The insurrectionary states’ governments had to be reconstructed at their foundations, from oligarchic to republican. The sharp differences within Congress pertained to how to achieve that higher goal.
