Uncovering The Constitution S Moral Design
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Uncovering The Constitution S Moral Design
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Author : Paul R. DeHart
language : en
Publisher: University of Missouri Press
Release Date : 2007
Uncovering The Constitution S Moral Design written by Paul R. DeHart and has been published by University of Missouri Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2007 with Law categories.
The U.S. Constitution provides a framework for our laws, but what does it have to say about morality? Paul DeHart ferrets out that document's implicit moral assumptions as he revisits the notion that constitutions are more than merely practical institutional arrangements. In Uncovering the Constitution's Moral Design, he seeks to reveal, elaborate, and then evaluate the Constitution's normative framework to determine whether it is philosophically sound-and whether it makes moral assumptions that correspond to reality. Rejecting the standard approach of the intellectual historian, DeHart for the first time in constitutional theory applies the method of inference to the best explanation to ascertaining our Constitution's moral meaning. He distinguishes the Constitution's intention from the subjective intentions of the framers, teasing out presuppositions that the document makes about the nature of sovereignty, the common good, natural law, and natural rights. He then argues that the Constitution constrains popular sovereignty in a way that entails a real common good, transcendent of human willing and promotive of human well-being, but he points out that while the Constitution presupposes a real common good, it also implies a natural law that prescribes the common good. In critiquing previous attempts at describing and evaluating the Constitution's normative framework, DeHart demonstrates that the Constitution's moral framework corresponds largely to classical moral theory. He challenges the logical coherency of modern moral philosophy, normative positivism, and other theories that the Constitution has been argued to embody and offers a groundbreaking methodology that can be applied to uncovering the normative framework of other constitutions as well. This cogently argued study shows that the Constitution presupposes a natural law to which human law must conform, and it takes a major step in resolving current debates over the Constitution's normative framework while remaining detached from the social issues that divide today's political arena. Uncovering the Constitution's Moral Design is an original approach to the Constitution that marks a significant contribution to understanding the moral underpinnings of our form of government.
Tradition And Morality In Constitutional Law
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Author : Robert H. Bork
language : en
Publisher: American Enterprise Institute Press
Release Date : 1984
Tradition And Morality In Constitutional Law written by Robert H. Bork and has been published by American Enterprise Institute Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 1984 with Law categories.
The Social Contract In The Ruins
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Author : Paul R. DeHart
language : en
Publisher: University of Missouri Press
Release Date : 2024-07-08
The Social Contract In The Ruins written by Paul R. DeHart and has been published by University of Missouri Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2024-07-08 with Political Science categories.
Most scholars who write on social contract and classical natural law perceive an irreconcilable tension between them. Social contract theory is widely considered the political-theoretic concomitant of modern philosophy. Against the regnant view, The Social Contract in the Ruins, argues that all attempts to ground political authority and obligation in agreement alone are logically self-defeating. Political authority and obligation require an antecedent moral ground. But this moral ground cannot be constructed by human agreement or created by sheer will—human or divine. All accounts of morality as constructed or made collapse into self-referential incoherence. Only an uncreated, real good can coherently ground political authority and obligation or the proposition that rightful government depends on the consent of the governed. Government by consent requires classical natural law for its very coherence.
The American Supreme Court
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Author : Robert G. McCloskey
language : en
Publisher: University of Chicago Press
Release Date : 2016-05-02
The American Supreme Court written by Robert G. McCloskey and has been published by University of Chicago Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016-05-02 with History categories.
The sixth edition of the classic and concise account of the US Supreme Court, its history, and its place in American politics. For more than fifty years, Robert G. McCloskey’s classic work on the Supreme Court’s role in constructing the US Constitution has introduced generations of students to the workings of our nation’s highest court. As in prior editions, McCloskey’s original text remains unchanged. In his historical interpretation, he argues that the strength of the Court has always been its sensitivity to the changing political scene, as well as its reluctance to stray too far from the main currents of public sentiment. In this new edition, Sanford Levinson extends McCloskey’s magisterial treatment to address developments since the 2010 election, including the Supreme Court’s decisions regarding the Defense of Marriage Act, the Affordable Care Act, and gay marriage. The best and most concise account of the Supreme Court and its place in American politics, McCloskey’s wonderfully readable book is an essential guide to the past, present, and future prospects of this institution. Praise for The American Supreme Court “The classic account of the American Supreme Court by the mid-twentieth century’s most astute student of American constitutionalism updated by the early twenty-first century’s most astute student of American constitutionalism. This is the first work constitutional beginners should—and constitutional scholars do—turn to.” —Mark Graber, University of Maryland School of Law “Essential. . . . This fifth edition carries on the tradition of earlier iterations, keeping McCloskey’s keen insights, analytical framework, and normative instincts intact. . . . Levinson supplements the original argument with chapters . . . that draw on his remarkable intellectual range and invite readers to continue asking the still-salient questions McCloskey set forth a half-century earlier.” —Choice, on the fifth edition
Othering
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Author : Charles K. Bellinger
language : en
Publisher: Wipf and Stock Publishers
Release Date : 2020-12-28
Othering written by Charles K. Bellinger and has been published by Wipf and Stock Publishers this book supported file pdf, txt, epub, kindle and other format this book has been release on 2020-12-28 with Religion categories.
Othering is a word used in academic circles, but it may be unfamiliar to many laypersons. This work introduces the word, which is a refined way of describing prejudice, discrimination, and scapegoating. The book addresses what othering is, how it has been practiced in varied contexts, and how it prepares the way for violence. Dimensional anthropology is introduced, which is the idea that there are three main dimensions of reality as it is inhabited by human beings: the vertical axis (the Great Chain of Being), the horizontal plane (society), and individual selfhood. Othering can be present within all three of these dimensions, with slavery being an example of vertical axis othering, ethnic violence being an example of horizontal othering, and lone wolf or psychotic shooters being an example of individual othering. The most thought-provoking aspect of the book for many readers will be its application to the culture wars in our current individualistic age. Rights language is also addressed at length, since it can function as anti-othering rhetoric or as rhetoric that supports othering. The largest framework for the book is its argument that othering is a way of illuminating what the theological tradition has understood as original sin.
Principled Reasoning In Human Rights Adjudication
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Author : Se-shauna Wheatle
language : en
Publisher: Bloomsbury Publishing
Release Date : 2017-04-20
Principled Reasoning In Human Rights Adjudication written by Se-shauna Wheatle and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017-04-20 with Law categories.
Implied constitutional principles form part of the landscape of the development of fundamental rights in common law jurisdictions, affecting issues ranging from the remuneration of judges to the appropriation of property by the state. Principled Reasoning in Human Rights Adjudication offers thematic analysis of the use of the implied constitutional principles of the rule of law and separation of powers in human rights cases. The book examines the functions played by those principles in rights adjudication in Australia, Canada, the Commonwealth Caribbean, and the United Kingdom. It argues that a complete understanding of implied constitutional principles requires thoroughgoing analysis of the sources and methods of implication and of the specific roles played by such principles in the adjudicative process. By disaggregating particular functions and placing those functions within their respective institutional contexts, this book develops an understanding of the features of cases in which implied constitutional principles are invoked and the work done by those principles.
Encyclopedia Of Constitutional Amendments Proposed Amendments And Amending Issues 1789 2015 2 Volumes
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Author : John R. Vile
language : en
Publisher: Bloomsbury Publishing USA
Release Date : 2015-07-20
Encyclopedia Of Constitutional Amendments Proposed Amendments And Amending Issues 1789 2015 2 Volumes written by John R. Vile and has been published by Bloomsbury Publishing USA this book supported file pdf, txt, epub, kindle and other format this book has been release on 2015-07-20 with Political Science categories.
Now in its fourth edition and completely updated, this is the most comprehensive book on constitutional amendments and proposed amendments available. Although only 27 amendments have ever been added to the U.S. Constitution, the last one having been ratified in 1992, throughout American history, members of Congress have introduced more than 11,000 amendments, and countless individuals outside of Congress have advanced their own proposals to revise the Constitution—the wellspring of America's legal, political, and cultural foundations. At a time when calls for a new constitutional convention are on the rise, it is essential for students of political science and history as well as American citizens to understand proposed alternatives. This updated edition of the established standard for high school and college libraries as well as public and law libraries serves as the go-to reference for learning about existing constitutional amendments, proposed amendments, and the issues related to them. An alphabetically arranged two-volume set, it contains more than 500 entries that discuss amendments that have been proposed in Congress from 1789 to the present. It also discusses prominent proposals for extensive constitutional changes introduced outside Congress as well as discussions of major amending issues.
Reason Revelation And The Civic Order
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Author : Carson Holloway
language : en
Publisher: Northern Illinois University Press
Release Date : 2014-03-14
Reason Revelation And The Civic Order written by Carson Holloway and has been published by Northern Illinois University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2014-03-14 with Political Science categories.
While the dominant approaches to the current study of political philosophy are various, with some friendlier to religious belief than others, almost all place constraints on the philosophic and political role of revelation. Mainstream secular political theorists do not entirely disregard religion. But to the extent that they pay attention, their treatment of religious belief is seen more as a political or philosophic problem to be addressed rather than as a positive body of thought from which we might derive important insights about the nature of politics and the truth of the human condition. In a one-of-a-kind collection, DeHart and Holloway bring together leading scholars from various fields, including political science, philosophy, and theology, to challenge the prevailing orthodoxy and to demonstrate the role that religion can and does play in political life. Contributing authors include such important thinkers as Peter Augustine Lawler, Robert C. Koons, J. Budziszewski, Francis J. Beckwith, and James Stoner.
America On Trial Expanded Edition
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Author : Robert Reilly
language : en
Publisher: Ignatius Press
Release Date : 2022-02-01
America On Trial Expanded Edition written by Robert Reilly and has been published by Ignatius Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2022-02-01 with History categories.
The Founding of the American Republic is on trial. Critics say it was a poison pill with a time-release formula; we are its victims. Its principles are responsible for the country's moral and social disintegration because they were based on the Enlightenment falsehood of radical individual autonomy. In this well-researched book, Robert Reilly declares: not guilty. To prove his case, he traces the lineage of the ideas that made the United States, and its ordered liberty, possible. These concepts were extraordinary when they first burst upon the ancient world: the Judaic oneness of God, who creates ex nihilo and imprints his image on man; the Greek rational order of the world based upon the Reason behind it; and the Christian arrival of that Reason (Logos) incarnate in Christ. These may seem a long way from the American Founding, but Reilly argues that they are, in fact, its bedrock. Combined, they mandated the exercise of both freedom and reason.
Natural Law And Evangelical Political Thought
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Author : Jesse Covington
language : en
Publisher: Lexington Books
Release Date : 2012-11-16
Natural Law And Evangelical Political Thought written by Jesse Covington and has been published by Lexington Books this book supported file pdf, txt, epub, kindle and other format this book has been release on 2012-11-16 with Political Science categories.
Natural law has long been a cornerstone of Christian political thought, providing moral norms that ground law in a shareable account of human goods and obligations. Despite this history, twentieth and twenty-first-century evangelicals have proved quite reticent to embrace natural law, casting it as a relic of scholastic Roman Catholicism that underestimates the import of scripture and the division between Christians and non-Christians. As recent critics have noted, this reluctance has posed significant problems for the coherence and completeness of evangelical political reflections. Responding to evangelically-minded thinkers’ increasing calls for a re-engagement with natural law, this volume explores the problems and prospects attending evangelical rapprochement with natural law. Many of the chapters are optimistic about an evangelical re-appropriation of natural law, but note ways in which evangelical commitments might lend distinctive shape to this engagement.