Liberalism And American Constitutional Law
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Author | : Rogers M. Smith |
Publisher | : Harvard University Press |
Total Pages | : 350 |
Release | : 1985 |
Genre | : Law |
ISBN | : 9780674530157 |
Download Liberalism and American Constitutional Law Book in PDF, Epub and Kindle
'A major work in the field of American political and legal philosophy. Smith analyzes the liberal goals of the framers of the Constitution and the weaknesses of their political thought...This book will undoubtedly be the focus of debate in scholarly and legal circles for years to come...It is a work of grand scholarship.' -Thomas A. Karel, Law Books in Review
Author | : Richard A. Epstein |
Publisher | : Harvard University Press |
Total Pages | : 889 |
Release | : 2014-01-06 |
Genre | : Law |
ISBN | : 0674727800 |
Download The Classical Liberal Constitution Book in PDF, Epub and Kindle
American liberals and conservatives alike take for granted a progressive view of the Constitution that took root in the early twentieth century. Richard Epstein laments this complacency which, he believes, explains America’s current economic malaise and political gridlock. Steering clear of well-worn debates between defenders of originalism and proponents of a living Constitution, Epstein employs close textual reading, historical analysis, and political and economic theory to urge a return to the classical liberal theory of governance that animated the framers’ original text, and to the limited government this theory supports. “[An] important and learned book.” —Gary L. McDowell, Times Literary Supplement “Epstein has now produced a full-scale and full-throated defense of his unusual vision of the Constitution. This book is his magnum opus...Much of his book consists of comprehensive and exceptionally detailed accounts of how constitutional provisions ought to be understood...All of Epstein’s particular discussions are instructive, and most of them are provocative...Epstein has written a passionate, learned, and committed book.” —Cass R. Sunstein, New Republic
Author | : Michael W. Dowdle |
Publisher | : Cambridge University Press |
Total Pages | : 375 |
Release | : 2017-01-26 |
Genre | : Law |
ISBN | : 1316943089 |
Download Constitutionalism beyond Liberalism Book in PDF, Epub and Kindle
Constitutionalism beyond Liberalism bridges the gap between comparative constitutional law and constitutional theory. The volume uses the constitutional experience of countries in the global South - China, India, South Africa, Pakistan, Indonesia, and Malaysia - to transcend the liberal conceptions of constitutionalism that currently dominate contemporary comparative constitutional discourse. The alternative conceptions examined include political constitutionalism, societal constitutionalism, state-based (Rousseau-ian) conceptions of constitutionalism, and geopolitical conceptions of constitutionalism. Through these examinations, the volume seeks to expand our appreciation of the human possibilities of constitutionalism, exploring constitutionalism not merely as a restriction on the powers of government, but also as a creating collective political and social possibilities in diverse geographical and historical settings.
Author | : Ken I. Kersch |
Publisher | : Cambridge University Press |
Total Pages | : 431 |
Release | : 2019-03-28 |
Genre | : History |
ISBN | : 0521193109 |
Download Conservatives and the Constitution Book in PDF, Epub and Kindle
Recovers a contested, evolving tradition of conservative constitutional argument that shaped the past and is bidding to make the future.
Author | : Michael J. Phillips |
Publisher | : Praeger |
Total Pages | : 248 |
Release | : 1983-07-20 |
Genre | : Law |
ISBN | : |
Download The Dilemmas of Individualism Book in PDF, Epub and Kindle
Author | : Gail Merel |
Publisher | : |
Total Pages | : 1090 |
Release | : 1974 |
Genre | : |
ISBN | : |
Download Liberalism and Religion in Political Philosophy and American Constitutional Law Book in PDF, Epub and Kindle
Author | : Ken I. Kersch |
Publisher | : Cambridge University Press |
Total Pages | : 431 |
Release | : 2019-03-28 |
Genre | : Political Science |
ISBN | : 1108696309 |
Download Conservatives and the Constitution Book in PDF, Epub and Kindle
Since the 1980s, a ritualized opposition in legal thought between a conservative 'originalism' and a liberal 'living constitutionalism' has obscured the aggressively contested tradition committed to, and mobilization of arguments for, constitutional restoration and redemption within the broader postwar American conservative movement. Conservatives and the Constitution is the first history of the political and intellectual trajectory of this foundational tradition and mobilization. By looking at the deep stories told either by identity groups or about what conservatives took to be flashpoint topics in the postwar period, Ken I. Kersch seeks to capture the developmental and integrative nature of postwar constitutional conservatism, challenging conservatives and liberals alike to more clearly see and understand both themselves and their presumed political and constitutional opposition. Conservatives and the Constitution makes a unique contribution to our understanding of modern American conservatism, and to the constitutional thought that has, in critical ways, informed and defined it.
Author | : James Reist Stoner |
Publisher | : |
Total Pages | : 304 |
Release | : 1992 |
Genre | : Law |
ISBN | : |
Download Common Law and Liberal Theory Book in PDF, Epub and Kindle
In this book, James Stoner's purpose is to recover the common law basis of American constitutionalism. American constitutionalism in general, he argues, and judicial review in particular, cannot be fully understood without acknowledging their roots in both common law and liberal political theory. But for the most part, the common law underpinnings of constitutionalism have received short shrift.
Author | : H. N. Hirsch |
Publisher | : Routledge |
Total Pages | : 390 |
Release | : 2019-11-21 |
Genre | : Political Science |
ISBN | : 1000706524 |
Download A Theory of Liberty Book in PDF, Epub and Kindle
First published in 1992. A Theory of Liberty seeks to change the way we think about the American constitution. The focus of the book is the legal status of minority groups in the United States a topic at the top of the current political agenda. Arguing that minority rights were vitally important to the founding fathers, H. N. Hirsch presents an original and provocative look at issues such as affirmative action, abortion, and the rights of children, lesbians and gay men, mental patients, and the physically disabled. In an analysis which blends history, philosophy, law, and social science, Hirsch attacks both liberals who hide from history and conservatives who push for "original intent." He argues that we can remain faithful to the most basic intent of the founding fathers without losing our ability to reinterpret the Constitution against the backdrop of contemporary social "facts." Hirsch exposes the errors and hypocrisy of the current Supreme Court majority, and argues that the Constitution’s liberty can and should be interpreted to protect the rights of minority groups. Timely and controversial, this title offers a challenging look at some of America’s most basic ideological commitments, and will appeal to anyone concerned with the current state of American law or the treatment of minority groups.
Author | : Richard C. Sinopoli |
Publisher | : Oxford University Press |
Total Pages | : 224 |
Release | : 1992-04-02 |
Genre | : Political Science |
ISBN | : 0195361318 |
Download The Foundations of American Citizenship Book in PDF, Epub and Kindle
This study of exemplary writings from the debates over the ratification of the 1787 Constitution deals with the American constitutional founders' understandings of citizenship and civic virtue. Discussion of these debates is set in an analytical and historical context, addressing the rationales for and the nature of civic allegiance in liberal political regimes. Sinopoli analyzes the development of a distinctly liberal political psychology from its origins in John Locke, Adam Smith, and David Hume through the American founding and traces its implications for the current American polity.