"Sound Constitutional Principles" in Theory and Practice PDF Download

Author: Richard Herring
Publisher:
ISBN:
Category : Constitutional law
Languages : en
Pages : 28

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Author: Sanford Levinson
Publisher: Princeton University Press
ISBN: 1400821630
Category : Law
Languages : en
Pages : 341

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Book Description
An increasing number of constitutional theorists, within both the legal academy and university departments of government, are focusing on the conceptual and political problems attached to the notion of constitutional amendment. Amendments are, among other things, recognitions of the imperfection of existing schemes of government. The relative ease or difficulty of amendment has significant implications for the ways that governments respond to problems that call either for new structures of governance or new powers for already established structures. This book brings together essays by leading legal authorities and political scientists on a range of questions from whether the U.S. Constitution is subject to amendment by procedures other than those authorized by Article V to how significant change is conceptualized within classical rabbinic Judaism. Though the essays are concerned for the most part with the American experience, other constitutional traditions are considered as well. The contributors include Bruce Ackerman, Akhil Reed Amar, Mark E. Brandon, David R. Dow, Stephen M. Griffin, Stephen Holmes and Cass R. Sunstein, Sanford Levinson, Donald Lutz, Walter Murphy, Frederick Schauer, John R. Vile, and Noam J. Zohar.

Author: Ronald Dworkin
Publisher: OUP Oxford
ISBN: 0198265573
Category : Law
Languages : en
Pages : 438

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Book Description
Dworkin's important book is a collection of essays which discuss almost all of the great constitutional issues of the last two decades, including abortion, euthanasia, capital punishment, homosexuality, pornography, and free speech. Dworkin offers a consistently liberal view of the Constitution and argues that fidelity to it and to law demands that judges make moral judgments. He proposes that we all interpret the abstract language of the Constitution by reference to moral principles about political decency and justice. His 'moral reading' therefore brings political morality into the heart of constitutional law. The various chapters of this book were first published separately; now drawn together they provide the reader with a rich, full-length treatment of Dworkin's general theory of law.

Author: Akhil Reed Amar
Publisher: Basic Books (AZ)
ISBN: 0465029574
Category : History
Languages : en
Pages : 644

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Book Description
Reading between the lines: America's implicit Constitution -- Heeding the deed: America's enacted Constitution -- Hearing the people: America's lived Constitution -- Confronting modern case law: America's "warrented" Constitution -- Putting precedent in its place: America's doctrinal Constitution -- Honoring the icons: America's symbolic Constitution -- "Remembering the ladies" : America's feminist Constitution -- Following Washington's lead: America's "Georgian" Constitution -- Interpreting government practices: America's institutional Constitution -- Joining the party: America's partisan Constitution -- Doing the right thing: America's conscientious Constitution -- Envisioning the future: America's unfinished Constitution -- Afterward -- Appendix: America's written Constitution.

Author: John Foster Kirk
Publisher:
ISBN:
Category : American literature
Languages : en
Pages : 844

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Author: Tom Angier
Publisher: Cambridge University Press
ISBN: 1108586392
Category : Philosophy
Languages : en
Pages : 118

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Book Description
In Section 1, I outline the history of natural law theory, covering Plato, Aristotle, the Stoics and Aquinas. In Section 2, I explore two alternative traditions of natural law, and explain why these constitute rivals to the Aristotelian tradition. In Section 3, I go on to elaborate a via negativa along which natural law norms can be discovered. On this basis, I unpack what I call three 'experiments in being', each of which illustrates the cogency of this method. In Section 4, I investigate and rebut two seminal challenges to natural law methodology, namely, the fact/value distinction in metaethics and Darwinian evolutionary biology. In Section 5, I then outline and criticise the 'new' natural law theory, which is an attempt to revise natural law thought in light of the two challenges above. I conclude, in Section 6, with a summary and some reflections on the prospects for natural law theory.

Author: John Foster Kirk
Publisher: Gale Cengage
ISBN:
Category : Literary Criticism
Languages : en
Pages : 848

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Author:
Publisher:
ISBN:
Category :
Languages : en
Pages : 1114

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Author: Brian Kane
Publisher:
ISBN: 0199347840
Category : Music
Languages : en
Pages : 337

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Book Description
Sound coming from outside the field of vision, from somewhere beyond, holds a privileged place in the Western imagination. When separated from their source, sounds seem to manifest transcendent realms, divine powers, or supernatural forces. According to legend, the philosopher Pythagoras lectured to his disciples from behind a veil, and two thousand years later, in the age of absolute music, listeners were similarly fascinated with disembodied sounds, employing various techniques to isolate sounds from their sources. With recording and radio came spatial and temporal separation of sounds from sources, and new ways of composing music. Sound Unseen: Acousmatic Sound in Theory and Practice explores the phenomenon of acousmatic sound. An unusual and neglected word, "acousmatic" was first introduced into modern parlance in the mid-1960s by avant garde composer of musique concrète Pierre Schaeffer to describe the experience of hearing a sound without seeing its cause. Working through, and often against, Schaeffer's ideas, Brian Kane presents a powerful argument for the central yet overlooked role of acousmatic sound in music aesthetics, sound studies, literature, philosophy and the history of the senses. Kane investigates acousmatic sound from a number of methodological perspectives -- historical, cultural, philosophical and musical -- and provides a framework that makes sense of the many surprising and paradoxical ways that unseen sound has been understood. Finely detailed and thoroughly researched, Sound Unseen pursues unseen sounds through a stunning array of cases -- from Bayreuth to Kafka's "Burrow," Apollinaire to %Zi%zek, music and metaphysics to architecture and automata, and from Pythagoras to the present-to offer the definitive account of acousmatic sound in theory and practice. The first major study in English of Pierre Schaeffer's theory of "acousmatics," Sound Unseen is an essential text for scholars of philosophy of music, electronic music, sound studies, and the history of the senses.

Author: Goodwin Liu
Publisher: Oxford University Press
ISBN: 0199752834
Category : Law
Languages : en
Pages : 274

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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.