The Selfless Constitution
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The Selfless Constitution
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Author : Stu Woolman
language : en
Publisher: African Books Collective
Release Date : 2021-07-28
The Selfless Constitution written by Stu Woolman and has been published by African Books Collective this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021-07-28 with Law categories.
Do you possess 'freedom'-the will to do as you choose-as an individual, as a participant in social affairs or as a citizen in the political realm? Well, no. Not really. At least not as most of us understand a term loaded down with metaphysical baggage. Don't worry. You've got something better: a neurological system capable of carrying out the most complex analytical and computational tasks; membership in innumerable communities that provide you with huge stores of knowledge and wisdom; and a politico-constitutional order that ought to provide the material and the immaterial conditions that will enable you to pursue a life worth valuing. Drop the simplistic folk-psychology of unfettered freedom, whilst holding on to intentionality, and you might be inclined to adopt a set of social practices and political arrangements that enhance the chances that you and your compatriots will flourish. As many recent studies of consciousness reveal our neurological systems are complex feedback mechanisms designed to create myriad for trial and error and (if you survive) the production of new stores of knowledge. Individuals-comprised of numerous radically heterogeneous, naturally and socially determined selves-are always experimenting, attempting to divine through reflection and action, what 'works' best: even when 'best' means fully embracing who we already are. Choice architects, those persons charged with constructing the environments within which we operate daily, should (if responsible) regularly run experiments that attempt to eliminate biases, and ultimately, deliver norms that nudge us away from negative defaults toward more optimal ends. A constitutional democracy, made up of millions of radically heterogeneous, densely populated individuals, constantly strives to determine what works best for most of its many constituents. Because South Africa's Constitution states (at an extremely high level of generality) only some of the norms that govern our lives, it remains for citizens, representatives and judges to create doctrines and institutions that serve its capaciously framed ends best. After canvassing the relevant literature in neuroscience, empirical philosophy, behavioural psychology, social capital theory, development economics, and emergent experimental governance, this work suggests that manifold experiments in living that fall within the accepted parameters of our shared constitutional norms are likely, over time, to produce more optimal ways of being that can be replicated by other members of our polity. Our reflexive stance toward best practices-a linchpin of this book's take on experimental governance-when inextricably linked to a commitment to flourishing and to the expansion of individual capabilities, should cause us to alter the content of the fundamental norms that shape our lives and bind us to one another. A political order founded upon experimental constitutionalism and flourishing promises an egalitarian pluralist reformation of South African society. The book spins out its novel thesis against the concrete backdrop of political arrangements and judicial doctrines that have emerged during the first 20 years of our truly vibrant constitutional democracy. Its trenchant analysis of political institutions and constitutional case law shows us how far we have come, and how far we still have to go.
The Selfless Constitution
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Author : Stuart Craig Woolman
language : en
Publisher:
Release Date : 2007
The Selfless Constitution written by Stuart Craig Woolman and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2007 with Constitutional law categories.
Me The People
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Author : Kevin Bleyer
language : en
Publisher: Random House
Release Date : 2012-05-29
Me The People written by Kevin Bleyer and has been published by Random House this book supported file pdf, txt, epub, kindle and other format this book has been release on 2012-05-29 with Humor categories.
The United States Constitution promised a More Perfect Union. It’s a shame no one bothered to write a more perfect Constitution—one that didn’t trigger more than two centuries of arguments about what the darn thing actually says. Until now. Perfection is at hand. A new, improved Constitution is here. And you are holding it. But first, some historical context: In the eighteenth century, a lawyer named James Madison gathered his friends in Philadelphia and, over four long months, wrote four short pages: the Constitution of the United States of America. Not bad. In the nineteenth century, a president named Abraham Lincoln freed an entire people from the flaws in that Constitution by signing the Emancipation Proclamation. Pretty impressive. And in the twentieth century, a doctor at the Bethesda Naval Hospital delivered a baby—but not just any baby. Because in the twenty-first century, that baby would become a man, that man would become a patriot, and that patriot would rescue a country . . . by single-handedly rewriting that Constitution. Why? We think of our Constitution as the painstakingly designed blueprint drawn up by, in Thomas Jefferson’s words, an “assembly of demigods” who laid the foundation for the sturdiest republic ever created. The truth is, it was no blueprint at all but an Etch A Sketch, a haphazard series of blunders, shaken clean and redrawn countless times during a summer of petty debates, drunken ramblings, and desperate compromise—as much the product of an “assembly of demigods” as a confederacy of dunces. No wonder George Washington wished it “had been made more perfect.” No wonder Benjamin Franklin stomached it only “with all its faults.” The Constitution they wrote is a hot mess. For starters, it doesn’t mention slavery, or democracy, or even Facebook; it plays favorites among the states; it has typos, smudges, and misspellings; and its Preamble, its most famous passage, was written by a man with a peg leg. Which, if you think about it, gives our Constitution hardly a leg to stand on. [Pause for laughter.] Now stop laughing. Because you hold in your hands no mere book, but the most important document of our time. Its creator, Daily Show writer Kevin Bleyer, paid every price, bore every burden, and saved every receipt in his quest to assure the salvation of our nation’s founding charter. He flew to Greece, the birthplace of democracy. He bused to Philly, the home of independence. He went toe-to-toe (face-to-face) with Scalia. He added nightly confabs with James Madison to his daily consultations with Jon Stewart. He tracked down not one but two John Hancocks—to make his version twice as official. He even read the Constitution of the United States. So prepare yourselves, fellow patriots, for the most significant literary event of the twenty-first, twentieth, nineteenth, and latter part of the eighteenth centuries. Me the People won’t just form a More Perfect Union. It will save America. Praise for Me the People “I would rather read a constitution written by Kevin Bleyer than by the sharpest minds in the country.”—Jon Stewart “Bleyer takes a red pencil to democracy’s most hallowed laundry list. . . . Uproarious and fascinating.”—Reader’s Digest “I knew James Madison. James Madison was a friend of mine. Mr. Bleyer, you are no James Madison. But you sure are a heck of a lot more fun.”—Pulitzer Prize–winning historian Doris Kearns Goodwin, author of the #1 New York Times bestseller Team of Rivals
Self Constitution
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Author : Christine M. Korsgaard
language : en
Publisher: Oxford University Press, USA
Release Date : 2009
Self Constitution written by Christine M. Korsgaard and has been published by Oxford University Press, USA this book supported file pdf, txt, epub, kindle and other format this book has been release on 2009 with Philosophy categories.
Christine M. Korsgaard presents an account of the foundation of practical reason and moral obligation, based on a new theory of action and interaction. She proposes that the function of an action is to constitute the agency and therefore the identity of the person who does it, and that only morally good action can serve this function. -;Christine M. Korsgaard presents an account of the foundation of practical reason and moral obligation. Moral philosophy aspires to understand the fact that human actions, unlike the actions of the other animals, can be morally good or bad, right or wrong. Few moral philosophers, however, have exploited the idea that actions might be morally good or bad in virtue of being good or bad of their kind - good or bad as actions. Just as we need to know that it is the function of the. heart to pump blood to know that a good heart is one that pumps blood successfully, so we need to know what the function of an action is in order to know what counts as a good or bad action. Drawing on the work of Plato, Aristotle, and Kant, Korsgaard proposes that the function of an action is to. constitute the agency and therefore the identity of the person who does it. As rational beings, we are aware of, and therefore in control of, the principles that govern our actions. A good action is one that constitutes its agent as the autonomous and efficacious cause of her own movements. These properties correspond, respectively, to Kant's two imperatives of practical reason. Conformity to the categorical imperative renders us autonomous, and conformity to the hypothetical imperative. renders us efficacious. And in determining what effects we will have in the world, we are at the same time determining our own identities. Korsgaard develops a theory of action and of interaction, and of the form interaction must take if we are to have the integrity that, she argues, is essential for. agency. On the basis of that theory, she argues that only morally good action can serve the function of action, which is self-constitution. -
Constitutionalism In Context
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Author : David S. Law
language : en
Publisher:
Release Date : 2022-02-09
Constitutionalism In Context written by David S. Law and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2022-02-09 with Law categories.
With its emphasis on emerging and cutting-edge debates in the study of comparative constitutional law and politics, its suitability for both research and teaching use, and its distinguished and diverse cast of contributors, this handbook is a must-have for scholars and instructors alike. This versatile volume combines the depth and rigor of a scholarly reference work with features for teaching in law and social science courses. Its interdisciplinary case-study approach provides political and historical as well as legal context: each modular chapter offers an overview of a topic and a jurisdiction, followed by a case study that simultaneously contextualizes both. Its forward-looking and highly diverse selection of topics and jurisdictions fills gaps in the literature on the Global South as well as the West. A timely section on challenges to liberal constitutional democracy addresses pressing concerns about democratic backsliding and illiberal and/or authoritarian regimes.
The Identity Of The Constitutional Subject
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Author : Michel Rosenfeld
language : en
Publisher: Routledge
Release Date : 2009-10-16
The Identity Of The Constitutional Subject written by Michel Rosenfeld and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2009-10-16 with Law categories.
The last fifty years has seen a worldwide trend toward constitutional democracy. But can constitutionalism become truly global? Relying on historical examples of successfully implanted constitutional regimes, ranging from the older experiences in the United States and France to the relatively recent ones in Germany, Spain and South Africa, Michel Rosenfeld sheds light on the range of conditions necessary for the emergence, continuity and adaptability of a viable constitutional identity - citizenship, nationalism, multiculturalism, and human rights being important elements. The Identity of the Constitutional Subject is the first systematic analysis of the concept, drawing on philosophy, psychoanalysis, political theory and law from a comparative perspective to explore the relationship between the ideal of constitutionalism and the need to construct a common constitutional identity that is distinct from national, cultural, ethnic or religious identity. The Identity of the Constitutional Subject will be of interest to students and scholars in law, legal and political philosophy, political science, multicultural studies, international relations and US politics.
Jose Yulo The Selfless Statesman
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Author : Baldomero T. Olivera
language : en
Publisher:
Release Date : 1981
Jose Yulo The Selfless Statesman written by Baldomero T. Olivera and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1981 with Legislators categories.
The Constitution In The Classroom
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Author : Stu Woolman
language : en
Publisher: PULP
Release Date : 2009
The Constitution In The Classroom written by Stu Woolman and has been published by PULP this book supported file pdf, txt, epub, kindle and other format this book has been release on 2009 with Constitutional law categories.
About the publication The law on education and educational practices in South Africa would exhaust the capacity of any meaningful monograph. Instead, the authors of this book engage six discrete topics that refl ect the broader currents and conflicts in South African education debates: (a) school choice; (b) school fees; (c) the right to an adequate basic education; (d) single medium public schools; (e) school governing bodies; and (f) independent schools. The book has two further aims. First: To move beyond the debates taking place separately in the education policy community and the legal academy, and to demonstrate how these disciplines, working in concert with each other, can advance our understanding of law and education in South Africa. Second: To show that the ANC's complex education agenda must mirror the egalitarian, utilitarian, democratic, and communitarian commitments found within the Constitution. How these competing political claims refl ected in our basic law play themselves out in the enabling education legislation, the case law and government education policy, frames each topic assayed in this work. About the editor: Stu Woolman is the Academic Director at the South Africa Institute for Advanced Constitutional, Public, Human Rights and International Law. Brahm Fleisch is Associate Professor in the Division of Education Leadership and Policy Studies in Wits School of Education.
Mere Natural Law
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Author : Hadley Arkes
language : en
Publisher: Simon and Schuster
Release Date : 2023-05-02
Mere Natural Law written by Hadley Arkes and has been published by Simon and Schuster this book supported file pdf, txt, epub, kindle and other format this book has been release on 2023-05-02 with Political Science categories.
Originalism Is Not Enough In this profoundly important reassessment of constitutional interpretation, the eminent legal philosopher Hadley Arkes argues that “originalism” alone is an inadequate answer to judicial activism. Untethered from “mere Natural Law”—the moral principles knowable by all—our legal and constitutional system is doomed to incoherence. The framers of the Constitution regarded the “self-evident” truths of the Natural Law as foundational. And yet in our own time, both liberals and conservatives insist that we must interpret the Constitution while ignoring its foundation. Making the case anew for Natural Law, Arkes finds it not in theories hovering in the clouds or in benign platitudes (“be generous,” “be selfless”). He draws us back, rather, to the ground of Natural Law as the American Founders understood it, the anchoring truths of common sense—truths grasped at once by the ordinary man, unburdened by theories imbibed in college and law school. When liberals discovered hitherto unknown rights in the “emanations” and “penumbras” of a “living constitution,” conservatives responded with an “originalism” that refuses to venture beyond the bare text. But in framing that text, the Founders appealed to moral principles that were there before the Constitution and would be there even if there were no Constitution. An originalism that is detached from those anchor - ing principles has strayed far from the original meaning of the Constitution. It is powerless, moreover, to resist the imposition of a perverse moral vision on our institutions and our lives. Brilliant in its analysis, essential in its argument, Mere Natural Law is a must-read for everyone who cares about the Constitution, morality, and the rule of law.
The Constitutional Law Of The Gambia
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Author : Ousman A.S. Jammeh
language : en
Publisher: AuthorHouse
Release Date : 2011-10-18
The Constitutional Law Of The Gambia written by Ousman A.S. Jammeh and has been published by AuthorHouse this book supported file pdf, txt, epub, kindle and other format this book has been release on 2011-10-18 with Juvenile Nonfiction categories.
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