Morality, Political Economy and American Constitutionalism

Morality, Political Economy and American Constitutionalism PDF

Author: Timothy P. Roth

Publisher: Edward Elgar Publishing

Published: 2007-01-01

Total Pages: 205

ISBN-13: 1847205526

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The book goes on to explore and expound the Founders¿ desire to promote respect for the moral law, their appreciation of the reciprocal relationship between morality and law, andtheir commitment to the promotion of justice in the sense of impartial institutions; ideas which find expression in contractarian, constitutional political economy.

Constitutional Morality and the Rise of Quasi-Law

Constitutional Morality and the Rise of Quasi-Law PDF

Author: Bruce P. Frohnen

Publisher: Harvard University Press

Published: 2016-06-13

Total Pages: 303

ISBN-13: 0674968921

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Americans are ruled by an unwritten constitution consisting of executive orders, signing statements, and other quasi-laws designed to reform society, Bruce Frohnen and George Carey argue. Consequently, the Constitution no longer means what it says to the people it is supposed to govern and the government no longer acts according to the rule of law.

The American Political Economy

The American Political Economy PDF

Author: Jacob S. Hacker

Publisher: Cambridge University Press

Published: 2021-11-11

Total Pages: 487

ISBN-13: 1316516369

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Drawing together leading scholars, the book provides a revealing new map of the US political economy in cross-national perspective.

The Moral Tradition of American Constitutionalism

The Moral Tradition of American Constitutionalism PDF

Author: Jefferson Powell

Publisher: Duke University Press

Published: 1993

Total Pages: 320

ISBN-13: 9780822313144

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Locates the origins of constitutional law in the Enlightenment attempt to control the violence of the state by subjecting power to reason, then shows its evolution into a tradition of rational inquiry embodied in a community of lawyers and judges. Continues with discussion of how the tradition's 19th-century presuppositions about the autonomy and rationality of constitutional argument have been undermined in the 20th century. Annotation copyright by Book News, Inc., Portland, OR

Freedom's Law

Freedom's Law PDF

Author: Ronald Dworkin

Publisher: OUP Oxford

Published: 1999

Total Pages: 438

ISBN-13: 0198265573

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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.

A Global Political Morality

A Global Political Morality PDF

Author: Michael J. Perry

Publisher: Cambridge University Press

Published: 2017-04-03

Total Pages: 209

ISBN-13: 1107158516

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An elaboration and defence of the first truly global political morality in human history: the morality of human rights.

American Citizenship and Constitutionalism in Principle and Practice

American Citizenship and Constitutionalism in Principle and Practice PDF

Author: Steven F. Pittz

Publisher: University of Oklahoma Press

Published: 2022-01-13

Total Pages: 372

ISBN-13: 0806190426

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Questions at the very heart of the American experiment—about what the nation is and who its people are—have lately assumed a new, even violent urgency. As the most fundamental aspects of American citizenship and constitutionalism come under ever more powerful pressure, and as the nation’s politics increasingly give way to divisive, partisan extremes, this book responds to the critical political challenge of our time: the need to return to some conception of shared principles as a basis for citizenship and a foundation for orderly governance. In various ways and from various perspectives, this volume’s authors locate these principles in the American practice of citizenship and constitutionalism. Chapters in the book’s first part address critical questions about the nature of U.S. citizenship; subsequent essays propose a rethinking of traditional notions of citizenship in light of the new challenges facing the country. With historical and theoretical insights drawn from a variety of sources—ranging from Montesquieu, John Adams, and Henry Clay to the transcendentalists, Cherokee freedmen, and modern identitarians—American Citizenship and Constitutionalism in Principle and Practice makes the case that American constitutionalism, as shaped by several centuries of experience, can ground a shared notion of American citizenship. To achieve widespread agreement in our fractured polity, this notion may have to be based on “thin” political principles, the authors concede; yet this does not rule out the possibility of political community. By articulating notions of citizenship and constitutionalism that are both achievable and capable of fostering solidarity and a common sense of purpose, this timely volume drafts a blueprint for the building of a genuinely shared political future.

Defending the Republic

Defending the Republic PDF

Author: Bruce Frohnen

Publisher: Intercollegiate Studies Institute

Published: 2008

Total Pages: 392

ISBN-13:

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"This collection of essays, intended to honor the work of one of the nation's foremost constitutional scholars - Georgetown University's George W. Carey - analyzes the origins of public order in America and in constitutional government more generally."--BOOK JACKET.

The Reason of Rules

The Reason of Rules PDF

Author: Geoffrey Brennan

Publisher: Cambridge University Press

Published: 2008-08-28

Total Pages: 0

ISBN-13: 9780521070904

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Societies function on the basis of rules. These rules, rather like the rules of the road, coordinate the activities of individuals who have a variety of goals and purposes. Whether the rules work well or ill, and how they can be made to work better, is a matter of major concern. Appropriately interpreted, the working of social rules is also the central subject matter of modern political economy. This book is about rules - what they are, how they work, and how they can be properly analysed. The authors' objective is to understand the workings of alternative political institutions so that choices among such institutions (rules) can be more fully informed. Thus, broadly defined, the methodology of constitutional political economy is the subject matter of The Reason of Rules. The authors have examined how rules for political order work, how such rules might be chosen, and how normative criteria for such choices might be established.

The Ethics and the Economics of Minimalist Government

The Ethics and the Economics of Minimalist Government PDF

Author: Timothy P. Roth

Publisher: Edward Elgar Publishing

Published: 2002

Total Pages: 152

ISBN-13:

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This text aims to show that social welfare theory, as defended by welfare economists and policymakers, is based on a confused and untenable moral theory, is incompatible with a rights-based legal order and is bound to promote unjust and arbitary redistributions. By advocating a return to the Kantian conception of the moral agent, it aims to show the way to a normative economics that harmonizes with both intuitive morality and the American legal and constitutional tradition.