Beyond The Constitution
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Beyond The Constitution
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Author : Hadley Arkes
language : en
Publisher: Princeton University Press
Release Date : 2021-05-11
Beyond The Constitution written by Hadley Arkes and has been published by Princeton University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021-05-11 with Philosophy categories.
Hadley Arkes argues that it is necessary to move "beyond the Constitution," to the principles that stood antecedent to the text, if we are to understand the text and apply the Constitution to the cases that arise every day in our law.
Beyond Confederation
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Author : Richard Beeman
language : en
Publisher: UNC Press Books
Release Date : 2013-04-01
Beyond Confederation written by Richard Beeman and has been published by UNC Press Books this book supported file pdf, txt, epub, kindle and other format this book has been release on 2013-04-01 with History categories.
Beyond Confederation scrutinizes the ideological background of the U.S. Constitution, the rigors of its writing and ratification, and the problems it both faced and provoked immediately after ratification. The essays in this collection question much of the heritage of eighteenth-century constitutional thought and suggest that many of the commonly debated issues have led us away from the truly germane questions. The authors challenge many of the traditional generalizations and the terms and scope of that debate as well. The contributors raise fresh questions about the Constitution as it enters its third century. What happened in Philadelphia in 1787, and what happened in the state ratifying conventions? Why did the states--barely--ratify the Constitution? What were Americans of the 1789s attempting to achieve? The exploratory conclusions point strongly to an alternative constitutional tradition, some of it unwritten, much of it rooted in state constitutional law; a tradition that not only has redefined the nature and role of the Constitution but also has placed limitations on its efficacy throughout American history. The authors are Lance Banning, Richard Beeman, Stephen Botein, Richard D. Brown, Richard E. Ellis, Paul Finkelman, Stanley N. Katz, Ralph Lerner, Drew R. McCoy, John M. Murrin, Jack N. Rakove, Janet A. Riesman, and Gordon S. Wood.
Beyond Origins
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Author : Angélica Maria Bernal
language : en
Publisher: Oxford University Press
Release Date : 2017-06-30
Beyond Origins written by Angélica Maria Bernal and has been published by Oxford University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017-06-30 with Political Science categories.
The foundings of constitutional democracies are commonly traced to singular moments. In turn, these moments of national origin are characterized as radical political innovations, notable for their civic unity, perfect legitimacy and binding authority. This common view is attractive as it suggests original founding events, actors, and ideals that can be evoked to legitimize state authority and unify citizens. Angélica Maria Bernal challenges this view of foundings, however, explaining that it is ultimately dangerous, misguided, and unsustainable. Beyond Origins argues that the ascription of a universal authority to original founding events is problematic because it limits our understanding of subsequent foundational changes, political transformation and innovation. This singular view also confounds our ability to account for all of the actors and venues through which foundation-building and constitutional transformation occurs. Because such understandings of national foundings obscure the many power struggles at work in them, these origin stories are troubling and unhelpful. In the wake of these limited views of founding, Bernal develops an alternate approach: "founding beyond origins." Rather than asserting that founding events are authoritatively settled and relegated to history, this framework redefines foundings as contentious, uncertain, and incomplete. Indeed, the book looks at a wide variety of contexts-early imperial Rome; revolutionary Haiti and France; the mid-20th century, racially-segregated United States; and contemporary Latin America-to reconsider political foundings as a contestatory and ongoing dimension of political life. Bridging classic and contemporary political and constitutional theory with historical readings, Bernal reorients approaches to foundings, arguing that it is only through context-specific and pragmatist understandings of political origins that we can realize the potential for radical democratic change.
The Context Of Constitution
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Author : Dimitri Ginev
language : en
Publisher: Springer Science & Business Media
Release Date : 2006-07-20
The Context Of Constitution written by Dimitri Ginev and has been published by Springer Science & Business Media this book supported file pdf, txt, epub, kindle and other format this book has been release on 2006-07-20 with Science categories.
This book sets out an extensive argument against the foundationalist theories of justification, and advocates new life for philosophy of science. The author brings together aspects of an ontology of the interpretative constitution of research objects and a holistic picture of science’s cognitive structures. The book is a contribution to a wide range of discussion concerning the post-Gadamerian extension of philosophical hermeneutics beyond the scope of the traditional humanistic culture.
The Constitution Of Interests
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Author : John Brigham
language : en
Publisher: NYU Press
Release Date : 2000-07
The Constitution Of Interests written by John Brigham and has been published by NYU Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2000-07 with Law categories.
Many of America's most important social and political movements--abolition, women's suffragette, civil rights, women's liberation, gay and lesbian rights--have organized in the shadow of the law. All are based in their theoretical opposition to the law. Yet at the same time, they are dependent on the laws that prohibit them. Law is thus formed as much through the dynamic tensions that govern how these laws are received as through their official decree. Legal forms such as contracts, property, and rights also constitute social and political life because they structure our world. John Brigham here focuses on four ideological movements and their strategies, among them the struggle over the closing of gay bathhouses in the early years of the AIDS crisis and the radical feminist use of rage and radical consciousness in anti- pornography campaigns. The effect of law on politics, Brigham convincingly reveals, is pervasive precisely because political life finds its expression in a surprising variety of legal forms.
Beyond Origins
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Author : Angélica Maria Bernal
language : en
Publisher: Oxford University Press
Release Date : 2017-06-30
Beyond Origins written by Angélica Maria Bernal and has been published by Oxford University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017-06-30 with Political Science categories.
The foundings of constitutional democracies are commonly traced to singular moments. In turn, these moments of national origin are characterized as radical political innovations, notable for their civic unity, perfect legitimacy and binding authority. This common view is attractive as it suggests original founding events, actors, and ideals that can be evoked to legitimize state authority and unify citizens. Angélica Maria Bernal challenges this view of foundings, however, explaining that it is ultimately dangerous, misguided, and unsustainable. Beyond Origins argues that the ascription of a universal authority to original founding events is problematic because it limits our understanding of subsequent foundational changes, political transformation and innovation. This singular view also confounds our ability to account for all of the actors and venues through which foundation-building and constitutional transformation occurs. Because such understandings of national foundings obscure the many power struggles at work in them, these origin stories are troubling and unhelpful. In the wake of these limited views of founding, Bernal develops an alternate approach: "founding beyond origins." Rather than asserting that founding events are authoritatively settled and relegated to history, this framework redefines foundings as contentious, uncertain, and incomplete. Indeed, the book looks at a wide variety of contexts-early imperial Rome; revolutionary Haiti and France; the mid-20th century, racially-segregated United States; and contemporary Latin America-to reconsider political foundings as a contestatory and ongoing dimension of political life. Bridging classic and contemporary political and constitutional theory with historical readings, Bernal reorients approaches to foundings, arguing that it is only through context-specific and pragmatist understandings of political origins that we can realize the potential for radical democratic change.
The Constitution In Wartime
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Author : Mark Tushnet
language : en
Publisher: Duke University Press
Release Date : 2005-01-26
The Constitution In Wartime written by Mark Tushnet and has been published by Duke University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2005-01-26 with Law categories.
Most recent discussion of the United States Constitution and war—both the war on terrorism and the war in Iraq—has been dominated by two diametrically opposed views: the alarmism of those who see many current policies as portending gross restrictions on American civil liberties, and the complacency of those who see these same policies as entirely reasonable accommodations to the new realities of national security. Whatever their contributions to the public discussion and policy-making processes, these voices contribute little to an understanding of the real constitutional issues raised by war. Providing the historical and legal context needed to assess competing claims, The Constitution in Wartime identifies and explains the complexities of the important constitutional issues brought to the fore by wartime actions and policies. Twelve prominent legal scholars and political scientists combine broad overviews of U.S. history and contemporary policy with detailed yet accessible analyses of legal issues of pressing concern today. Some of the essays are broad in scope, reflecting on national character, patriotism, and political theory; exploring whether war and republican government are compatible; and considering in what sense we can be said to be in wartime circumstances today. Others are more specific, examining the roles of Congress, the presidency, the courts, and the international legal community. Throughout the collection, balanced, unbiased analysis leads to some surprising conclusions, one of which is that wartime conditions have sometimes increased, rather than curtailed, civil rights and civil liberties. For instance, during the cold war, government officials regarded measures aimed at expanding African Americans’ freedom at home as crucial to improving America’s image abroad. Contributors. Sotirios Barber, Mark Brandon, James E. Fleming, Mark Graber, Samuel Issacharoff, David Luban, Richard H. Pildes, Eric Posner, Peter Spiro, William Michael Treanor, Mark Tushnet, Adrian Vermeule
Beyond Magna Carta
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Author : Andrew Blick
language : en
Publisher: Bloomsbury Publishing
Release Date : 2015-04-30
Beyond Magna Carta written by Andrew Blick and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2015-04-30 with Law categories.
The 800th anniversary of Magna Carta falls in June 2015. In this work Dr Blick argues that this event should be the occasion for a reassessment of the past, present and future of the UK constitution. He draws on his experience as research fellow to the first ever parliamentary inquiry into the possibility of a written constitution for the UK. Dr Blick considers a series of English and UK historical texts from Anglo-Saxon times onwards, among which Magna Carta is the most prominent, which sought to set out arrangements for the governance of England and later the UK as a whole. He argues that they comprise a powerful tradition of written constitutional documents, and stresses the importance of the European dimension to their introduction and content. The author then considers the present nature of the UK constitution, describing the period of immense flux through which it has passed in recent decades, and the implications of this phase of change. Dr Blick identifies a need for a full written constitution for the UK as the next appropriate step. Finally, he discusses the democratic processes suitable to devising such a text, and what its contents might be. 'With this book Andrew Blick has made a major contribution to our understanding of how our system of government has worked in the past, how it is working – or not working – now, and what it could be in the future. Combing the centuries, he challenges many misconceptions and makes a powerful case for a written constitution. This volume is absolutely essential to anyone who wants to appreciate the real meaning of Magna Carta and why we should celebrate it.' Graham Allen MP, Chair, House of Commons Political and Constitutional Reform Committee 'Beyond Magna Carta brings together the utility of a road map with the fascination of a changing cartography of political thought – all part of the constitutional development of these islands from the Great Charter of 1215 to the confusing aftermath of the Scottish Referendum of 2014. It is a superb work of explanation capped by intriguing suggestions of future possibilities.' Lord Hennessy of Nympsfield, FBA, Attlee Professor of Contemporary British History, Queen Mary, University of London.
The Amendments To The Constitution
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Author :
language : en
Publisher:
Release Date :
The Amendments To The Constitution written by and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on with categories.
The Adventures Of The Constituent Power
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Author : Andrew Arato
language : en
Publisher: Cambridge University Press
Release Date : 2017-11-30
The Adventures Of The Constituent Power written by Andrew Arato and has been published by Cambridge University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017-11-30 with Law categories.
This book explores the democratic methods by which political communities make their basic law, and the dangers associated with constitution-making.