Conceptual Change and the Constitution PDF Download

Author: Terence Ball
Publisher:
ISBN:
Category : Law
Languages : en
Pages : 240

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Book Description
In this volume distinguished historians and political scientists examine the linguistic and conceptual dimension of the American Founding. They analyze political discourse during the short span of years from the Revolution through ratification.

Author: Terence Ball
Publisher: Cambridge University Press
ISBN: 9780521359788
Category : History
Languages : en
Pages : 384

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Book Description
This book defends the claim that politics is a linguistically constituted activity and shows that the concepts which inform political beliefs and behaviour undergo changes related to real political events. Having set out and discussed this theme, the editors and contributors go on to analyse the evolution of thirteen particular concepts, all central to political discourse in the western world. They include revolution, rights, democracy, property, corruption, public interest, public opinion, and ideology. The volume will be illuminating to political theorists, intellectual historians, and philosophers.

Author: Alan Gibson
Publisher: University Press of Kansas
ISBN: 070061706X
Category : Political Science
Languages : en
Pages : 248

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Book Description
Now widely regarded as the best available guide to the study of the Founding, the first edition of Interpreting the Founding provided summaries and analyses of the leading interpretive frameworks that have guided the study of the Founding since the publication of Charles Beard's An Economic Interpretation of the Constitution in 1913. For this new edition, Gibson has revised and updated his study, including his comprehensive bibliography, and also added a new concluding chapter on the "Unionist Paradigm" or "Federalist Interpretation" of the Constitution. As in the original work, Gibson argues in the new edition that scholarship on the Founding is no longer steered by a single dominant approach or even by a set of questions that control its direction. He features insightful extended discussions of pioneering works by leading scholars of the Founding--including Louis Hartz, Bernard Bailyn, Gordon Wood, and Garry Wills--that best exemplify different schools of interpretation. He focuses on six approaches that have dominated the modern study of the Founding-Progressive, Lockean/liberal, Republican, Scottish Enlightenment, multicultural, and multiple traditions approaches-before concluding with the Unionist or Federalist paradigm. For each approach, Gibson traces its fundamental assumptions, revealing deeper ideological and methodological differences between schools of thought that, on the surface, seem to differ only about the interpretation of historical facts. While previous accounts have treated the study of the Founding as the sequential replacement of one paradigm by another, Gibson argues that all of these interpretations survive as alternative and still viable approaches. By examining the strengths and weaknesses of each approach and showing how each has simultaneously illuminated and masked core truths about the American Founding, he renders a balanced account of the continuing and very vigorous debate over the origins and foundations of the American republic. Brimming with intellectual vigor and a based on both a wide and deep reading in the voluminous literature on the subject, Gibson's new edition is sure to reinforce this remarkable book's reputation while winning new converts to his argument.

Author: Gerald Stourzh
Publisher: University of Chicago Press
ISBN: 0226776387
Category : History
Languages : en
Pages : 412

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Book Description
Spanning both the history of the modern West and his own five-decade journey as a historian, Gerald Stourzh’s sweeping new essay collection covers the same breadth of topics that has characterized his career—from Benjamin Franklin to Gustav Mahler, from Alexis de Tocqueville to Charles Beard, from the notion of constitution in seventeenth-century England to the concept of neutrality in twentieth-century Austria. This storied career brought him in the 1950s from the University of Vienna to the University of Chicago—of which he draws a brilliant picture—and later took him to Berlin and eventually back to Austria. One of the few prominent scholars equally at home with U.S. history and the history of central Europe, Stourzh has informed these geographically diverse experiences and subjects with the overarching themes of his scholarly achievement: the comparative study of liberal constitutionalism and the struggle for equal rights at the core of Western notions of free government. Composed between 1953 and 2005 and including a new autobiographical essay written especially for this volume, From Vienna to Chicago and Back will delight Stourzh fans, attract new admirers, and make an important contribution to transatlantic history.

Author: Elizabeth Beaumont
Publisher: Oxford University Press
ISBN: 019994007X
Category : Political Science
Languages : en
Pages : 361

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Book Description
The role of the Constitution in American political history is contentious not simply because of battles over meaning. Equally important is precisely who participated in contests over meaning. Was it simply judges, or did legislatures have a strong say? And what about the public's role in effecting constitutional change? In The Civic Constitution, Elizabeth Beaumont focuses on the last category, and traces the efforts of citizens to reinvent constitutional democracy during four crucial eras: the revolutionaries of the 1770s and 1780s; the civic founders of state republics and the national Constitution in the early national period; abolitionists during the antebellum and Civil War eras; and, finally, suffragists of the late nineteenth and early twentieth centuries. Throughout, she argues that these groups should be recognized as founders and co-founders of the U.S. Constitution. Though often slighted in modern constitutional debates, these women and men developed distinctive constitutional creeds and practices, challenged existing laws and social norms, expanded the boundaries of citizenship, and sought to translate promises of liberty, equality, and justice into more robust and concrete forms. Their civic ideals and struggles not only shaped the text, design, and public meaning of the U.S. Constitution, but reconstructed its membership and transformed the fundamental commitments of the American political community. An innovative expansion on the concept of popular constitutionalism, The Civic Constitution is a vital contribution to the growing body of literature on how ordinary people have shaped the parameters of America's fundamental laws.

Author: Kostas Kampourakis
Publisher: Cambridge University Press
ISBN: 1107034914
Category : Science
Languages : en
Pages : 275

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Book Description
Bringing together conceptual obstacles and core concepts of evolutionary theory, this book presents evolution as straightforward and intuitive.

Author: Robert Justin Lipkin
Publisher: Duke University Press
ISBN: 082238051X
Category : Law
Languages : en
Pages : 384

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Book Description
In Constitutional Revolutions Robert Justin Lipkin radically rethinks modern constitutional jurisprudence, challenging the traditional view of constitutional change as solely an extension or transformation of prior law. He instead argues for the idea of “constitutional revolutions”—landmark decisions that are revolutionary because they are not generated from legal precedent and because they occur when the Constitution fails to provide effective procedures for accommodating a needed change. According to Lipkin, U.S. constitutional law is driven by these revolutionary judgments that translate political and cultural attitudes into formal judicial decisions. Drawing on ethical theory, philosophy of science, and constitutional theory, Lipkin provides a progressive, postmodern, and pragmatic theory of constitutional law that justifies the critical role played by the judiciary in American democracy. Judicial review, he claims, operates as a mechanism to allow “second thought,” or principled reflection, on the values of the wider culture. Without this revolutionary function, American democracy would be left without an effective institutional means to formulate the community’s considered judgments about good government and individual rights. Although judicial review is not the only forum for protecting this dimension of constitutional democracy, Lipkin maintains that we would be wise not to abandon judicial review unless a viable alternative emerges. Judges, lawyers, law professors, and constitutional scholars will find this book a valuable resource.

Author: PIERRE EDITOR ALLAN
Publisher: Oxford University Press on Demand
ISBN: 0199275351
Category : Law
Languages : en
Pages : 245

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Book Description
Just War has attracted considerable attention. The words peace and justice are often used together. Surprisingly, however, little conceptual thinking has gone into what constitutes a Just Peace. This book, which includes some of the world's leading scholars, debates and develops the concept of Just Peace.The problem with the idea of a Just Peace is that striving for justice may imply a Just War. In other words, peace and justice clash at times. Therefore, one often starts from a given view of what constitutes justice, but this a priori approach leads - especially when imposed from the outside - straight into discord. This book presents conflicting viewpoints on this question from political, historical, and legal perspectives as well as from a policy perspective.The book also argues that Just Peace should be defined as a process resting on four necessary and sufficient conditions: thin recognition whereby the other is accepted as autonomous; thick recognition whereby identities need to be accounted for; renouncement, requiring significant sacrifices from all parties; and finally, rule, the objectification of a Just Peace by a "text" requiring a common language respecting the identities of each, and defining their rights and duties. This approach basedon a language-oriented process amongst directly concerned parties, goes beyond liberal and culturalist perspectives. Throughout the process, negotiators need to build a novel shared reality as well as a new common language allowing for an enduring harmony between previously clashing peoples.It challenges a liberal view of peace founded on norms claiming universal scope. The liberal conception has difficulty in solving conflicts such as civil wars characterized typically by fundamental disagreements between different communities. Cultures make demands that are identity-defining, and some of these defy the "cultural neutrality" that is one of the foundations of liberalism. Therefore, the concept of Just Peace cannot be solved within the liberal tradition.

Author: Kelly L Grotke
Publisher: OUP Oxford
ISBN: 0191034703
Category : Law
Languages : en
Pages : 449

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Book Description
If one counts the production of constitutional documents alone, the nineteenth century can lay claim to being a 'constitutional age'; one in which the generation and reception of constitutional texts served as a centre of gravity around which law and politics consistently revolved. This volume critically re-examines the role of constitutionalism in that period, in order to counter established teleological narratives that imply a consistent development from absolutism towards inclusive, participatory democracy. Various aspects of constitutional histories within and outside of Europe are examined from a comparative, transnational, and multidisciplinary historical perspective, organized around five key themes. The first part looks at constitutions as anti-revolutionary devices, and addresses state building, monarchical constitutionalism, and restorations. The second part takes up constitutions and the justification of new social inequalities, focusing on women's suffrage, human rights, and property. The third part uses individual country studies to take on questions of how constitutions served to promote nationalism. The use of constitutions as instruments of imperialism is covered in the fourth part, and the final part examines the ways that constitutions function simultaneously as legal and political texts. These themes reflect a certain scepticism regarding any easy relationship between stated constitutional ideals and enacted constitutional practices. Taken together, they also function as a general working hypothesis about the role of constitutions in the establishment and maintenance of a domestically and internationally imbalanced status quo, of which we are the present-day inheritors. More particularly, this volume addresses the question of the extent to which nineteenth-century constitutionalism may have set the stage for new forms of domination and discrimination, rather than inaugurating a period of 'progress' and increasing equality.

Author: Alan Gibson
Publisher: University Press of Kansas
ISBN: 0700617523
Category : Political Science
Languages : en
Pages : 432

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Book Description
The first edition of Alan Gibson's Understanding the Founding is widely regarded as an invaluable guide to the last century's key debates surrounding America's founding. This new edition retains all of the strengths of the original while adding a substantial new section addressing a major but previously unaddressed issue and also significantly revising Gibson's invaluable conclusion and bibliography. In the original edition, which was built upon his previous work in Interpreting the Founding, Gibson addressed four key questions: Were the Framers motivated by their economic interests? How democratic was the Framers' Constitution? Should we interpret the Founding using philosophical or strictly historical approaches? What traditions of political thought were most important to the Framers? He focused especially on the preconceptions that scholars brought to these questions, explored the deepest sources of scholars' disagreements over them, and suggested new and thoughtful lines of interpretation and inquiry. His incisive analysis brought clarity to the complex and sprawling debates and shed new light on the institutional and intellectual foundations of the American political system. Gibson has now added a path-breaking new chapter entitled "How Could They Have Done That? Founding Scholarship and the Question of Moral Responsibility," which reprises and critiques on of the most important and vexing contemporary debates on the American founding. The new chapter focuses on how the men who fought a revolution in the name of liberty and declared to the world that "all men are created equal" could have supported the institution of slavery and even owned slaves themselves, accepted the legal and social subordination of women, and been responsible for Indian removal and genocide against Native Americans. Efforts to criticize or defend the Founders on these issues now constitute a daunting body of scholarship addressing what David Brion Davis has called the "dilemmas of slaveholding revolutionaries." Gibson's astute and fair-minded analysis of this scholarship offers keen insights into how we might move toward more mature and responsible evaluations of the Founders.