Common Law And Liberal Theory

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Common Law And Liberal Theory

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Author : James R. Stoner
language : en
Publisher:
Release Date : 1992

Common Law And Liberal Theory written by James R. Stoner and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1992 with Law categories.

In this book, James Stoner's purpose is to recover the common law basis of American constitutionalism. American constitutionalism in general, he argues, and judicial review in particular, cannot be fully understood without acknowledging their roots in both common law and liberal political theory. But for the most part, the common law underpinnings of constitutionalism have received short shrift.

Common Law Liberty

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Author : James Reist Stoner
language : en
Publisher:
Release Date : 2003

Common Law Liberty written by James Reist Stoner and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2003 with Law categories.

In an ere as morally confused as ours, Stoner argues, we at least ought to know what we've abandoned or suppressed in the name of judicial activism and the modern rights-oriented Constitution. Having lost our way, perhaps the common law, in its original sense, provides a way back, a viable alternative to the debilitating relativism of our current age.

Constitutional Justice

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Author : Trevor R. S. Allan
language : en
Publisher:
Release Date : 2001

Constitutional Justice written by Trevor R. S. Allan and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2001 with Constitutional law categories.

"The book explains the essential connections between a range of matters critical to the relationship between citizen and state, including freedoms of speech and conscience, civil disobedience, procedural fairness, administrative justice, the right of silence, and equal protection or equality before the law. The limits of parliamentary sovereignty are shown to derive from its status as a common law doctrine, when the common law is interpreted as a deliberative process of moral argument and justification. Legislative supremacy is qualified by a counter-balancing judicial sovereignty, ensuring the protection of fundamental common law rights of procedural fairness and equality."--BOOK JACKET.

John Adams And The Spirit Of Liberty

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Author : C. Bradley Thompson
language : en
Publisher:
Release Date : 1998

John Adams And The Spirit Of Liberty written by C. Bradley Thompson and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1998 with Biography & Autobiography categories.

In reexamining John Adams's political thought, Thompson reconstructs the contours and influences of Adams's mental universe, the ideas he challenged, the problems he considered central to constitution-making, and methods of his reasoning.

Launching Liberalism

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Author : Michael P. Zuckert
language : en
Publisher:
Release Date : 2002

Launching Liberalism written by Michael P. Zuckert and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2002 with Philosophy categories.

In this volume, prominent political theorist Michael Zuckert presents an important and pathbreaking set of meditations on the thought of John Locke. In more than a dozen provocative essays, many appearing in print for the first time, Zuckert explores the complexity of Locke's engagement with his philosophical and theological predecessors, his profound influence on later liberal thinkers, and his amazing success in transforming the political understanding of the Anglo-American world. At the same time, he also demonstrates Locke's continuing relevance in current debates involving such prominent thinkers as Rawls and MacIntyre. Zuckert's careful reconsideration of Locke's role as "launcher" of liberalism involves a sustained engagement with the hermeneutical issues surrounding Locke, an innovator who faced special rhetorical needs in addressing his contemporaries and the future. It also involves highlighting the novelty of Locke's position by examining his stance toward the philosophical and religious traditions in place when he wrote. Zuckert argues that neither of the dominant ways of understanding Locke's relations to his predecessors and contemporaries is adequate; he is not well seen as a follower of any orthodoxy nor of any anti-orthodoxy of his day, either philosophical or theological. He found a path to innovation that was philosophically radical but which was also able to connect with prevailing and accepted traditions. That allowed him to exercise a practical influence in history rarely, if ever, matched by any other philosopher. Zuckert illustrates that influence by showing how William Blackstone used Lockean philosophy to reshape the common law and how the Americans of the eighteenth century used Lockean philosophy to reshape Whig political thought. Zuckert argues that Locke's philosophy has continuing philosophic and political force, a proposition he demonstrates by arguing that Locke presents a form of political philosophy superior to that of the liberal theorists of our day and that he has solid rejoinders to contemporary critics of liberalism.

The Supreme Court And American Constitutionalism

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Author : Bradford P. Wilson
language : en
Publisher: Rowman & Littlefield Publishers
Release Date : 1998

The Supreme Court And American Constitutionalism written by Bradford P. Wilson and has been published by Rowman & Littlefield Publishers this book supported file pdf, txt, epub, kindle and other format this book has been release on 1998 with Law categories.

In this important book, fourteen of America's leading constitutional scholars assess the Supreme Court's performance expounding the animating principles of American constitutionalism. Essays devoted to fresh examination of the Supreme Court's jurisprudence with respect to the Necessary and Proper Clause, the Commerce Clause, federalism, the common law, international law and national sovereignty, separation of powers, fundamental rights, term limits, and constitutional criminal procedure. Other essays evaluate the work of the Court as 'republican school master, ' analyzing how the Court has articulated and affected the American people's capacity for self-government, the principle of the rule of law, the historic burden of racial injustice, respect for limited constitutional government, and the civilizational distinction between liberty and license. The Supreme Court and American Constitutionalism will be of great value to students and scholars of American constitutional studies, constitutional law, and American government.

Interpreting The Founding

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Author : Alan Ray Gibson
language : en
Publisher:
Release Date : 2006

Interpreting The Founding written by Alan Ray Gibson and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2006 with Law categories.

As politicians and judges argue over the original intent of our country's founding fathers, the American Founding itself continues to inspire a prodigious amount of research and commentary, reflecting a bewildering array of methods and interpretations. Alan Gibson now offers readers an insightful and convenient guide through this daunting and sprawling body of scholarship. Comprehensive and judicious, Interpreting the Founding provides 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. Gibson argues 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 also examines the challenges posed to Founding scholarship by this diversity and complexity and the possibilities opened by new avenues of inquiry that have recently emerged. scholars of the Founding - including Louis Hartz, Bernard Bailyn, Gordon Wood, and Garry Wills - that best exemplify different schools of interpretation. Gibson focuses on six approaches that have dominated the modern study of the Founding: Progressive, Lockean/liberal, Republican, Scottish Enlightenment, multicultural, and multiple traditions approaches. For each approach, he 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. each has simultaneously illuminated and masked core truths about the American Founding, he renders a balanced account of the current debate over the origins and foundations of the American republic and offers solid footing on the path to understanding the vast literature devoted to this important subject.

The Legal Studies Forum

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Author :
language : en
Publisher:
Release Date : 1994

The Legal Studies Forum written by and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1994 with Law categories.

Against The Imperial Judiciary

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Author : Matthew J. Franck
language : en
Publisher:
Release Date : 1996

Against The Imperial Judiciary written by Matthew J. Franck and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1996 with Law categories.

"Franck's reexamination of the place of natural law in the early Supreme Court is fresh, illuminating, and long overdue. His scholarship is incisive and profound; and the exegeses of early Supreme Court opinions are often brilliant". -- Robert L. Clinton, author of Marbury v. Madison and Judicial Review.

A Treatise Of Legal Philosophy And General Jurisprudence

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Author : Michael Lobban
language : en
Publisher: Springer
Release Date : 2007

A Treatise Of Legal Philosophy And General Jurisprudence written by Michael Lobban and has been published by Springer this book supported file pdf, txt, epub, kindle and other format this book has been release on 2007 with Philosophy categories.

This comprehensive treatment of legal philosophy and general jurisprudence is designed for jurists as well as legal and practical philosophers. The treatise is presented in two sections: The 5-volume Theoretical part (2005) covers topics of contemporary debate; The 6-volume Historical part (2006-2007) traces the development of legal thought from ancient Greece through the twentieth century. This release incorporates Vol. 6: A History of the Philosophy of Law from the Ancient Greeks to the Scholastics; Vol. 7: The Jurists' Philosophy of Law from Rome to the Seventeenth Century; and Vol 8: A History of the Philosophy of Law in the Common Law World, 1600-1900.