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Author: David Lowenthal
Publisher: Spence Publishing Company
ISBN:
Category : Law
Languages : en
Pages : 466
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Book Description
In an original and iconoclastic reassessment of the First Amendment, a distinguished political philosopher reaches unorthodox yet compelling conclusions about the place of free speech and religion in the American constitutional order. Revisiting the internal logic of the Amendment's language and the legal culture from which it emerged, Professor David Lowenthal attacks the legacy of Holmes and Brandeis, whose judicial heirs have twisted the First Amendment into a vehicle for degrading and destabilizing the republic it was meant to strengthen and preserve. Professor Lowenthal demonstrates that the framers of the Constitution and Bill of Rights had an understanding of freedom quite different from that to which we have grown accustomed. They saw that freedom without limits degenerates into mere license, itself a threat to freedom, and devised the First Amendment to guarantee the political freedoms requisite for republican self-government. Lowenthal then examines the modern Supreme Court's treatment of revolutionary groups, obscenity, and church-state questions, showing how in each area the Court has been led astray by its fixation on individual rights at the expense of the common good and the health of the republic. -- Amazon.
Author: David Lowenthal
Publisher: Spence Publishing Company
ISBN:
Category : Law
Languages : en
Pages : 466
Get Book Here
Book Description
In an original and iconoclastic reassessment of the First Amendment, a distinguished political philosopher reaches unorthodox yet compelling conclusions about the place of free speech and religion in the American constitutional order. Revisiting the internal logic of the Amendment's language and the legal culture from which it emerged, Professor David Lowenthal attacks the legacy of Holmes and Brandeis, whose judicial heirs have twisted the First Amendment into a vehicle for degrading and destabilizing the republic it was meant to strengthen and preserve. Professor Lowenthal demonstrates that the framers of the Constitution and Bill of Rights had an understanding of freedom quite different from that to which we have grown accustomed. They saw that freedom without limits degenerates into mere license, itself a threat to freedom, and devised the First Amendment to guarantee the political freedoms requisite for republican self-government. Lowenthal then examines the modern Supreme Court's treatment of revolutionary groups, obscenity, and church-state questions, showing how in each area the Court has been led astray by its fixation on individual rights at the expense of the common good and the health of the republic. -- Amazon.
Author: James Reist Stoner
Publisher:
ISBN:
Category : Law
Languages : en
Pages : 230
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Book Description
In an ere as morally confused as ours, Stoner argues, we at least ought to know what we've abandoned or suppressed in the name of judicial activism and the modern rights-oriented Constitution. Having lost our way, perhaps the common law, in its original sense, provides a way back, a viable alternative to the debilitating relativism of our current age.
Author: David Pawson
Publisher: Anchor Recordings Limited
ISBN: 9781913472443
Category : Religion
Languages : en
Pages : 50
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Book Description
No one is able to keep all of the laws of the Old Testament - all of the time, not even the holy men of the Old Testament - Moses, King David and others. Jesus himself said that even if you only look at a woman lustfully you have already committed adultery in your heart. Priests and those in leadership within the Church have often been guilty of misusing the laws of Moses by teaching and demanding strict, literal or even excessive conformity to the Old Testament Law. Such practice puts one under the law, and even places the law above the gospel. In his letter to the Galatians Paul teaches that to be a Christian you do not need to be circumcised and that an over emphasis on keeping the laws, including keeping the Sabbath results in legalism and ultimately brings God's Wrath. The opposite of legalism is license - doing whatever you want whenever you want and that you are only responsible to yourself rather than a higher authority. This also brings God's wrath. In this book David Pawson explains how through Christ's death and resurrection, we have been released from the legalism of the Old Testament Laws (which no one is able to keep all of the time), not to do the opposite which will result in sin by doing whatever we please, whenever we want, but through Christ we have been given true liberty ...the liberty to choose not to sin, by walking in the Spirit.
Author: Barry C. Lynn
Publisher: Macmillan + ORM
ISBN: 1250240638
Category : Political Science
Languages : en
Pages : 236
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Book Description
Barry C. Lynn, one of America's preeminent thinkers, provides the clearest statement yet on the nature and magnitude of the political and economic dangers posed by America’s new monopolies in Liberty from All Masters. "Very few thinkers in recent years have done more to shift the debate in Washington than Barry Lynn." —Franklin Foer Americans are obsessed with liberty, mad about liberty. On any day, we can tune into arguments about how much liberty we need to buy a gun or get an abortion, to marry who we want or adopt the gender we feel. We argue endlessly about liberty from regulation and observation by the state, and proudly rebel against the tyranny of course syllabi and Pandora playlists. Redesign the penny today and the motto would read “You ain’t the boss of me.” Yet Americans are only now awakening to what is perhaps the gravest domestic threat to our liberties in a century—in the form of an extreme and fast-growing concentration of economic power. Monopolists today control almost every corner of the American economy. The result is not only lower wages and higher prices, hence a concentration of wealth and power in the hands of the few. The result is also a stripping away of our liberty to work how and where we want, to launch and grow the businesses we want, to create the communities and families and lives we want. The rise of online monopolists such as Google and Amazon—designed to gather our most intimate secrets and use them to manipulate our personal and group actions—is making the problem only far worse fast. Not only have these giant corporations captured the ability to manage how we share news and ideas with one another, they increasingly enjoy the power to shape how we move and play and speak and think.
Author: Daron Acemoglu
Publisher: Penguin
ISBN: 0735224404
Category : Political Science
Languages : en
Pages : 593
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Book Description
From the winners of the 2024 Nobel Prize for Economics and the authors of the international bestseller Why Nations Fail "Why is it so difficult to develop and sustain liberal democracy? The best recent work on this subject comes from a remarkable pair of scholars, Daron Acemoglu and James A. Robinson. In their latest book, The Narrow Corridor, they have answered this question with great insight." —Fareed Zakaria, The Washington Post In Why Nations Fail, Daron Acemoglu and James A. Robinson argued that countries rise and fall based not on culture, geography, or chance, but on the power of their institutions. In their new book, they build a new theory about liberty and how to achieve it, drawing a wealth of evidence from both current affairs and disparate threads of world history. Liberty is hardly the "natural" order of things. In most places and at most times, the strong have dominated the weak and human freedom has been quashed by force or by customs and norms. Either states have been too weak to protect individuals from these threats, or states have been too strong for people to protect themselves from despotism. Liberty emerges only when a delicate and precarious balance is struck between state and society. There is a Western myth that political liberty is a durable construct, arrived at by a process of "enlightenment." This static view is a fantasy, the authors argue. In reality, the corridor to liberty is narrow and stays open only via a fundamental and incessant struggle between state and society: The authors look to the American Civil Rights Movement, Europe’s early and recent history, the Zapotec civilization circa 500 BCE, and Lagos’s efforts to uproot corruption and institute government accountability to illustrate what it takes to get and stay in the corridor. But they also examine Chinese imperial history, colonialism in the Pacific, India’s caste system, Saudi Arabia’s suffocating cage of norms, and the “Paper Leviathan” of many Latin American and African nations to show how countries can drift away from it, and explain the feedback loops that make liberty harder to achieve. Today we are in the midst of a time of wrenching destabilization. We need liberty more than ever, and yet the corridor to liberty is becoming narrower and more treacherous. The danger on the horizon is not "just" the loss of our political freedom, however grim that is in itself; it is also the disintegration of the prosperity and safety that critically depend on liberty. The opposite of the corridor of liberty is the road to ruin.
Author: Randy E. Barnett
Publisher: Princeton University Press
ISBN: 0691159734
Category : Law
Languages : en
Pages : 448
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Book Description
The U.S. Constitution found in school textbooks and under glass in Washington is not the one enforced today by the Supreme Court. In Restoring the Lost Constitution, Randy Barnett argues that since the nation's founding, but especially since the 1930s, the courts have been cutting holes in the original Constitution and its amendments to eliminate the parts that protect liberty from the power of government. From the Commerce Clause, to the Necessary and Proper Clause, to the Ninth and Tenth Amendments, to the Privileges or Immunities Clause of the Fourteenth Amendment, the Supreme Court has rendered each of these provisions toothless. In the process, the written Constitution has been lost. Barnett establishes the original meaning of these lost clauses and offers a practical way to restore them to their central role in constraining government: adopting a "presumption of liberty" to give the benefit of the doubt to citizens when laws restrict their rightful exercises of liberty. He also provides a new, realistic and philosophically rigorous theory of constitutional legitimacy that justifies both interpreting the Constitution according to its original meaning and, where that meaning is vague or open-ended, construing it so as to better protect the rights retained by the people. As clearly argued as it is insightful and provocative, Restoring the Lost Constitution forcefully disputes the conventional wisdom, posing a powerful challenge to which others must now respond. This updated edition features an afterword with further reflections on individual popular sovereignty, originalist interpretation, judicial engagement, and the gravitational force that original meaning has exerted on the Supreme Court in several recent cases.
Author: John Milton
Publisher:
ISBN:
Category : Freedom of the press
Languages : en
Pages : 60
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Book Description
Author: Kenneth L. Deutsch
Publisher: Rowman & Littlefield
ISBN: 9780847686926
Category : Philosophy
Languages : en
Pages : 474
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Book Description
Responding to volatile criticisms frequently leveled at Leo Strauss and those he influenced, the prominent contributors to this volume demonstrate the profound influence that Strauss and his students have exerted on American liberal democracy and contemporary political thought. By stressing the enduring vitality of classic books and by articulating the theoretical and practical flaws of relativism and historicism, the contributors argue that Strauss and the Straussians have identified fundamental crises of modernity and liberal democracy. This book emphasizes the broad range of Strauss's influence, from literary criticism to constitutional thought, and it denies the existence of a monolithic Straussian political orthodoxy. Both critics and supporters of Strauss' thought are included. All political theorists interested in Strauss's extraordinary impact on political thought will want to read this book.
Author: Thomas G. West
Publisher: Cambridge University Press
ISBN: 110714048X
Category : History
Languages : en
Pages : 431
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Book Description
This book provides a complete overview of the Founders' natural rights theory and its policy implications.
Author: Nigel Warburton
Publisher: OUP Oxford
ISBN: 0191622788
Category : Political Science
Languages : en
Pages : 128
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Book Description
'I disapprove of what you say, but I will defend to the death your right to say it' This slogan, attributed to Voltaire, is frequently quoted by defenders of free speech. Yet it is rare to find anyone prepared to defend all expression in every circumstance, especially if the views expressed incite violence. So where do the limits lie? What is the real value of free speech? Here, Nigel Warburton offers a concise guide to important questions facing modern society about the value and limits of free speech: Where should a civilized society draw the line? Should we be free to offend other people's religion? Are there good grounds for censoring pornography? Has the Internet changed everything? This Very Short Introduction is a thought-provoking, accessible, and up-to-date examination of the liberal assumption that free speech is worth preserving at any cost. ABOUT THE SERIES: The Very Short Introductions series from Oxford University Press contains hundreds of titles in almost every subject area. These pocket-sized books are the perfect way to get ahead in a new subject quickly. Our expert authors combine facts, analysis, perspective, new ideas, and enthusiasm to make interesting and challenging topics highly readable.
