Author: David A. Strauss
Publisher: Oxford University Press
ISBN: 0199703698
Category : Law
Languages : en
Pages : 171
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Book Description
Supreme Court Justice Antonin Scalia once remarked that the theory of an evolving, "living" Constitution effectively "rendered the Constitution useless." He wanted a "dead Constitution," he joked, arguing it must be interpreted as the framers originally understood it. In The Living Constitution, leading constitutional scholar David Strauss forcefully argues against the claims of Scalia, Clarence Thomas, Robert Bork, and other "originalists," explaining in clear, jargon-free English how the Constitution can sensibly evolve, without falling into the anything-goes flexibility caricatured by opponents. The living Constitution is not an out-of-touch liberal theory, Strauss further shows, but a mainstream tradition of American jurisprudence--a common-law approach to the Constitution, rooted in the written document but also based on precedent. Each generation has contributed precedents that guide and confine judicial rulings, yet allow us to meet the demands of today, not force us to follow the commands of the long-dead Founders. Strauss explores how judicial decisions adapted the Constitution's text (and contradicted original intent) to produce some of our most profound accomplishments: the end of racial segregation, the expansion of women's rights, and the freedom of speech. By contrast, originalism suffers from fatal flaws: the impossibility of truly divining original intent, the difficulty of adapting eighteenth-century understandings to the modern world, and the pointlessness of chaining ourselves to decisions made centuries ago. David Strauss is one of our leading authorities on Constitutional law--one with practical knowledge as well, having served as Assistant Solicitor General of the United States and argued eighteen cases before the United States Supreme Court. Now he offers a profound new understanding of how the Constitution can remain vital to life in the twenty-first century.
Author: Harry V. Jaffa
Publisher: Rowman & Littlefield Publishers
ISBN: 1442217138
Category : Political Science
Languages : en
Pages : 291
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Book Description
“Leo Strauss (1899-1973) was the greatest mind in political philosophy in the twentieth century, and possibly in other centuries as well. That, I am well aware, is a judgment I share with very few, if any.” So writes Harry V. Jaffa in his epilogue to this volume. Including an extensive unpublished essay entitled “Straussian Geography: A Memoir and Commentary,” Crisis of the Strauss Divided brings together a collection of Jaffa’s published arguments defending and explaining that judgment, written during the 40 years since Strauss’s death. The volume includes arguments of those who have disagreed with Jaffa about Strauss's teaching and about the nature of political philosophy. These wide ranging exchanges explore many of the great themes of political philosophy and, in particular, the implications of Strauss's thinking for America and modern civilization.
Author: Robert Strauss
Publisher: Rowman & Littlefield
ISBN: 1493024841
Category : History
Languages : en
Pages : 281
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Book Description
Worst. President. Ever. flips the great presidential biography on its head, offering an enlightening—and highly entertaining!—account of poor James Buchanan’s presidency to prove once and for all that, well, few leaders could have done worse. But author Robert Strauss does much more, leading readers out of Buchanan’s terrible term in office—meddling in the Dred Scott Supreme Court decision, exacerbating the Panic of 1857, helping foment the John Brown uprisings and “Bloody Kansas,” virtually inviting a half-dozen states to secede from the Union as a lame duck, and on and on—to explore with insight and humor his own obsession with presidents, and ultimately the entire notion of ranking our presidents. He guides us through the POTUS rating game of historians and others who have made their own Mount Rushmores—or Marianas Trenches!—of presidential achievement, showing why Buchanan easily loses to any of the others, but also offering insights into presidential history buffs like himself, the forgotten "lesser" presidential sites, sex and the presidency, the presidency itself, and how and why it can often take the best measures out of even the most dedicated men.
Author: Peter L. Strauss
Publisher:
ISBN:
Category : Law
Languages : en
Pages : 952
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Book Description
How should students begin their legal education? Professor Peter Strauss's innovative materials build on a Columbia Law School commitment reaching back to Karl Llewellyn's Bramble Bush -- that legal education should start with orientation to the materials lawyers use and the institutions they deal with.In general, Legal Methods provides an introduction to the processes and the skills necessary in the professional use of case law and legislation, and to the development of American legal institutions. The casebook starts with materials from the first decades of American history, with relatively simple common law litigation, statutes and institutions, and with a country having to fashion its law for itself, largely through its courts. As the country industrializes, judicial styles change, statutes and their interpretation become more and more important, administrative agencies emerge. The materials largely explore the developing law on the related questions of product liability and
Author:
Publisher:
ISBN:
Category :
Languages : en
Pages : 186
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Book Description
Author: Geoffrey R. Stone
Publisher:
ISBN: 019093820X
Category : Biography & Autobiography
Languages : en
Pages : 241
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Book Description
Brown v. Board of Education (1954) -- Mapp v. Ohio (1961) -- Engel v. Vitale (1962) -- Gideon v. Wainwright (1963) -- New York Times v. Sullivan (1964) -- Reynolds v. Sims (1964) -- Griswold v. Connecticut (1965) -- Miranda v. Arizona (1966) -- Loving v. Virginia (1967) -- Katz v. United States (1967) -- Shapiro v. Thompson (1968) -- Brandenburg v. Ohio (1969).
Author: William C. G. Burns
Publisher: Cambridge University Press
ISBN: 1139480898
Category : Law
Languages : en
Pages : 413
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Book Description
Courts have emerged as a crucial battleground in efforts to regulate climate change. Over the past several years, tribunals at every level of government around the world have seen claims regarding greenhouse gas emissions and impacts. These cases rely on diverse legal theories, but all focus on government regulation of climate change or the actions of major corporate emitters. This book explores climate actions in state and national courts, as well as international tribunals, in order to explain their regulatory significance. It demonstrates the role that these cases play in broader debates over climate policy and argues that they serve as an important force in pressuring governments and emitters to address this crucial problem. As law firms and public interest organizations increasingly develop climate practice areas, the book serves as a crucial resource for practitioners, policymakers and academics.
Author: Anne Norton
Publisher: Yale University Press
ISBN: 9780300109733
Category : Political Science
Languages : en
Pages : 262
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Book Description
This provocative book examines the teachings of political theorist Leo Strauss and the ways in which they have been appropriated, or misappropriated, by senior policymakers.
Author: Ted V. McAllister
Publisher: University Press of Kansas
ISBN: 0700608737
Category : Political Science
Languages : en
Pages : 339
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Book Description
Eric Voegelin and Leo Strauss are two of the most provocative and durable political philosophers of this century. Ted McAllister's superbly written study provides the first comprehensive comparison of their thought and its profound influence on contemporary American conservatism. Since the appearance in the 1950s of Strauss's Natural Right and History and Voegelin's Order and History, conservatives like Russell Kirk, Irving Kristol, and Allan Bloom have increasingly turned to these thinkers to support their attacks on liberalism and the modernist mindset. Like so many conservatives, Strauss and Voegelin rebelled against modernity' amorality-personified by Machiavelli, Hobbes, Rousseau, Kant, Hegel, and Nietzsche-and its promotion of individualism and materialism over communal and spiritual responsibility. While both disdained the reductionist "conservative" label, conservatives nevertheless appropriated their philosophy, in part because it restored theology and classical tradition to the moral core of civil society. For both men, modernity's debilitating disorder revealed surprising and disturbing relations among liberal, communist, and Nazi ideologies. In their eyes, modernity's insidious virus, so apparent in the Nazi and communist regimes, lies incubating within liberal democracy itself. McAllister's thorough reevaluation of Strauss and Voegelin expands our understanding of their thought and restores balance to a literature that has been dominated by political theorists and disciples of Strauss and Voegelin. Neither reverential nor dismissive, he reveals the social, historical, political, and philosophical foundations of their work and effectively decodes their frequently opaque or esoteric thinking. Well written and persuasively argued, McAllister's study will appeal to anyone engaged in the volatile debates over liberalism's demise and conservatism's rise.
Author: Leo Strauss
Publisher: University of Chicago Press
ISBN: 022622645X
Category : Political Science
Languages : en
Pages : 337
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Book Description
In this classic work, Leo Strauss examines the problem of natural right and argues that there is a firm foundation in reality for the distinction between right and wrong in ethics and politics. On the centenary of Strauss's birth, and the fiftieth anniversary of the Walgreen Lectures which spawned the work, Natural Right and History remains as controversial and essential as ever. "Strauss . . . makes a significant contribution towards an understanding of the intellectual crisis in which we find ourselves . . . [and] brings to his task an admirable scholarship and a brilliant, incisive mind."—John H. Hallowell, American Political Science Review Leo Strauss (1899-1973) was the Robert Maynard Hutchins Distinguished Service Professor Emeritus in Political Science at the University of Chicago.
