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Author: Goodwin Liu Publisher: Oxford University Press ISBN: 0199752834 Category : Law Languages : en Pages : 274
Book Description
Chief Justice John Marshall argued that a constitution "requires that only its great outlines should be marked [and] its important objects designated." Ours is "intended to endure for ages to come, and consequently, to be adapted to the various crises of human affairs." In recent years, Marshall's great truths have been challenged by proponents of originalism and strict construction. Such legal thinkers as Supreme Court Justice Antonin Scalia argue that the Constitution must be construed and applied as it was when the Framers wrote it. In Keeping Faith with the Constitution, three legal authorities make the case for Marshall's vision. They describe their approach as "constitutional fidelity"--not to how the Framers would have applied the Constitution, but to the text and principles of the Constitution itself. The original understanding of the text is one source of interpretation, but not the only one; to preserve the meaning and authority of the document, to keep it vital, applications of the Constitution must be shaped by precedent, historical experience, practical consequence, and societal change. The authors range across the history of constitutional interpretation to show how this approach has been the source of our greatest advances, from Brown v. Board of Education to the New Deal, from the Miranda decision to the expansion of women's rights. They delve into the complexities of voting rights, the malapportionment of legislative districts, speech freedoms, civil liberties and the War on Terror, and the evolution of checks and balances. The Constitution's framers could never have imagined DNA, global warming, or even women's equality. Yet these and many more realities shape our lives and outlook. Our Constitution will remain vital into our changing future, the authors write, if judges remain true to this rich tradition of adaptation and fidelity.
Author: Goodwin Liu Publisher: Oxford University Press ISBN: 0199752834 Category : Law Languages : en Pages : 274
Book Description
Chief Justice John Marshall argued that a constitution "requires that only its great outlines should be marked [and] its important objects designated." Ours is "intended to endure for ages to come, and consequently, to be adapted to the various crises of human affairs." In recent years, Marshall's great truths have been challenged by proponents of originalism and strict construction. Such legal thinkers as Supreme Court Justice Antonin Scalia argue that the Constitution must be construed and applied as it was when the Framers wrote it. In Keeping Faith with the Constitution, three legal authorities make the case for Marshall's vision. They describe their approach as "constitutional fidelity"--not to how the Framers would have applied the Constitution, but to the text and principles of the Constitution itself. The original understanding of the text is one source of interpretation, but not the only one; to preserve the meaning and authority of the document, to keep it vital, applications of the Constitution must be shaped by precedent, historical experience, practical consequence, and societal change. The authors range across the history of constitutional interpretation to show how this approach has been the source of our greatest advances, from Brown v. Board of Education to the New Deal, from the Miranda decision to the expansion of women's rights. They delve into the complexities of voting rights, the malapportionment of legislative districts, speech freedoms, civil liberties and the War on Terror, and the evolution of checks and balances. The Constitution's framers could never have imagined DNA, global warming, or even women's equality. Yet these and many more realities shape our lives and outlook. Our Constitution will remain vital into our changing future, the authors write, if judges remain true to this rich tradition of adaptation and fidelity.
Author: David E. Carney Publisher: Lexington Books ISBN: 9780739100325 Category : Law Languages : en Pages : 358
Book Description
The essays collected in To Promote the General Welfare explore communitarianism, which examines the balance between rights and responsibilities, the need for a common good, and the need for diversity within unity. In the book ten preeminent scholars explore nine areas of the law-civil, criminal, constitutional-to explicate how a communitarian worldview might change or interpret the existing law. For example, Philip Selznick sketches a picture of communitarian justice in its broad terms. Robert Ackerman argues that tort liability needs to be expanded in some areas and contracted in others to effectuate a more communitarian tort regime. Akhil Reed Amar and Alan Hirsch offer a communitarian reading of the Second Amendment and related parts of the Constitution, challenging Supreme Court precedent on issues that spring from the Second Amendment. Milton Regan challenges recent law-and-economics approach to marriage and divorce, and counters with the need to assess relationships as shared experiences, not merely consumerist interactions. And Gordon Bazemore breathes new life into the crime-control debate by suggesting a communitarian approach to American criminal justice, an approach that emphasizes community justice and restorative justice. These thoughtful analyses along with the others included in To Promote the General Welfare comprise a must-read for anyone interested in the law and social policy.
Author: A. Lees Publisher: Springer Science & Business Media ISBN: 9401020655 Category : History Languages : en Pages : 285
Book Description
THE PROBLEM AND THE APPROACH The abortive revolutions of 1848 have been widely regarded by historians as a watershed not only in the political but also in the intellectual de velopment of modem Europe. Before 1848, according to the traditional view, the prevalent climate of opinion was idealistic, hopeful, humane, and progressive. Mterwards, it was empirical, pessimistic, cynical, and obsessed with power. As Hans Kohn put it in his essay "Mid-century: The Turning Point," "In 1848 the foundations of Western civilizatio- intellectual belief in the objectivity of truth and justice, ethical faith in mercy and tolerance - were still unshaken. . . . In the spring of 1848 mankind was full of glowing hope, but the end of 1848 dashed the hopes, and the century which 1848 inaugurated appears to have led slowly but surely to decay and disaster. " 1 Germany, a prime culprit in the debacle which marked the last third of that century, has been seen as the country in which the events of 1848-49 had the most profound impact. Although few historians have gone as far as Kohn in linking the failures experienced by mid-nineteenth-century Germans to the horrors perpetrated by some of their twentieth-century descendants, it has long been common to think of Germany's response to her defeated revolution as a process of atti tudinal preparation for Otto von Bismarck's authoritarian solution to the national question in the period between 1864 and 1871 - which in turn was fraught with ominous long-range significance.
Author: Arjun Sengupta Publisher: SAGE ISBN: 9780761933700 Category : Business & Economics Languages : en Pages : 374
Book Description
The Right to Development (RTD) is a new and highly contested right. Its emergence is linked to the demand for a `new international economic order’ by developing countries. Composite in nature and integrating civil and political rights with economic, social and cultural rights, the RTD approach underscores participation, a fair sharing of benefits, transparency and non-discrimination. The present volume explores the theoretical and practical aspects of RTD as an alternative to existing approaches to development. It brings together the reflections and insights of some of the finest scholars on the specific aspects of RTD.
Author: Goodwin Liu
Author: Goodwin Liu
Author: David E. Carney
Author: D. Wade Hands
Author: sir William Shee
Author: William Shee
Author: William Shee
Author: United States. U.S. Congress. House. Committee on Indian affairs
Author: United States. Congress. House. Committee on Indian Affairs
Author: A. Lees
Author: Arjun Sengupta