[PDF] The Concept Of Ordered Liberty And The Common Law Due Process Tradition eBook

Author : Matthew W. Lunder
Publisher : Rowman & Littlefield
Page : 285 pages
File Size : 19,57 MB
Release : 2021-01-12
Category : Law
ISBN : 1793626359

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The Concept of Ordered Liberty is a story of due process from the common-law tradition. Told through Supreme Court cases against a backdrop of political theory, legal philosophy and history, it illuminates a mid-twentieth-century dialectic between theories—liberal and conservative—for resolving controversies about state interference with personal liberties. So pervasive was the partisanship flowing from a riven body politic that every institution comprising the fabric of American society, including the federal courts, was soaked in it. But the ideological contest is not the story’s primary concern. More pertinent to our dilemma today is what the clash of ideologies eclipsed: a venerable judicial practice deeply rooted in American history and tradition. The moral of the story is in this praxis at its center and its understanding of the limits of legislative and judicial power. The modern liberal and conservative approaches to fundamental rights fall short of the tradition, having strayed from the common-law concept of ordered liberty. Readers will find a suprapartisan perspective on the federal courts’ obligation to resolve disputes about our Nation’s most controversial issues, and a critical reflection on the modern Supreme Court’s role in its politics.

Author : Matthew W. Lunder
Publisher :
Page : 0 pages
File Size : 45,5 MB
Release : 2022-08-18
Category :
ISBN : 9781793626363

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In The Concept of Ordered Liberty, a lineage of common-law judges spanning a century and a half protect a precious jewel of legal reasoning from the corrupting influence of partisan ideologies. A recursion to the concept of ordered liberty promises to bridge the deep divide am...

Author : James E. Fleming
Publisher : University of Chicago Press
Page : 285 pages
File Size : 47,63 MB
Release : 2022-08-30
Category : Law
ISBN : 0226821412

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A strong and lively defense of substantive due process. From reproductive rights to marriage for same-sex couples, many of our basic liberties owe their protection to landmark Supreme Court decisions that have hinged on the doctrine of substantive due process. This doctrine is controversial—a battleground for opposing views around the relationship between law and morality in circumstances of moral pluralism—and is deeply vulnerable today. Against recurring charges that the practice of substantive due process is dangerously indeterminate and irredeemably undemocratic, Constructing Basic Liberties reveals the underlying coherence and structure of substantive due process and defends it as integral to our constitutional democracy. Reviewing the development of the doctrine over the last half-century, James E. Fleming rebuts popular arguments against substantive due process and shows that the Supreme Court has constructed basic liberties through common law constitutional interpretation: reasoning by analogy from one case to the next and making complex normative judgments about what basic liberties are significant for personal self-government. Elaborating key distinctions and tools for interpretation, Fleming makes a powerful case that substantive due process is a worthy practice that is based on the best understanding of our constitutional commitments to protecting ordered liberty and securing the status and benefits of equal citizenship for all.

Author : James E. Fleming
Publisher : Harvard University Press
Page : 482 pages
File Size : 18,65 MB
Release : 2013-01-01
Category : Law
ISBN : 0674070747

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Many have argued in recent years that the U.S. constitutional system exalts individual rights over responsibilities, virtues, and the common good. Answering the charges against liberal theories of rights, James Fleming and Linda McClain develop and defend a civic liberalism that takes responsibilities and virtues—as well as rights—seriously. They provide an account of ordered liberty that protects basic liberties stringently, but not absolutely, and permits government to encourage responsibility and inculcate civic virtues without sacrificing personal autonomy to collective determination. The battle over same-sex marriage is one of many current controversies the authors use to defend their understanding of the relationship among rights, responsibilities, and virtues. Against accusations that same-sex marriage severs the rights of marriage from responsible sexuality, procreation, and parenthood, they argue that same-sex couples seek the same rights, responsibilities, and goods of civil marriage that opposite-sex couples pursue. Securing their right to marry respects individual autonomy while also promoting moral goods and virtues. Other issues to which they apply their idea of civic liberalism include reproductive freedom, the proper roles and regulation of civil society and the family, the education of children, and clashes between First Amendment freedoms (of association and religion) and antidiscrimination law. Articulating common ground between liberalism and its critics, Fleming and McClain develop an account of responsibilities and virtues that appreciates the value of diversity in our morally pluralistic constitutional democracy.

Author : Robert L. Cunningham
Publisher :
Page : 376 pages
File Size : 34,15 MB
Release : 1979
Category : Political Science
ISBN :

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Papers from a conference held in San Francisco in 1976. Includes bibliographical references and index.

Author : Alexander Hamilton
Publisher : Read Books Ltd
Page : 420 pages
File Size : 18,7 MB
Release : 2018-08-20
Category : History
ISBN : 1528785878

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Classic Books Library presents this brand new edition of “The Federalist Papers”, a collection of separate essays and articles compiled in 1788 by Alexander Hamilton. Following the United States Declaration of Independence in 1776, the governing doctrines and policies of the States lacked cohesion. “The Federalist”, as it was previously known, was constructed by American statesman Alexander Hamilton, and was intended to catalyse the ratification of the United States Constitution. Hamilton recruited fellow statesmen James Madison Jr., and John Jay to write papers for the compendium, and the three are known as some of the Founding Fathers of the United States. Alexander Hamilton (c. 1755–1804) was an American lawyer, journalist and highly influential government official. He also served as a Senior Officer in the Army between 1799-1800 and founded the Federalist Party, the system that governed the nation’s finances. His contributions to the Constitution and leadership made a significant and lasting impact on the early development of the nation of the United States.

Author : Theodore Frank Thomas Plucknett
Publisher : The Lawbook Exchange, Ltd.
Page : 828 pages
File Size : 18,33 MB
Release : 2001
Category : Common law
ISBN : 1584771372

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Originally published: 5th ed. Boston: Little, Brown and Co., 1956.

Author : Louis Dembitz Brandeis
Publisher : Good Press
Page : 43 pages
File Size : 26,33 MB
Release : 2023-09-17
Category : Law
ISBN :

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At the heart of 'The Right to Privacy' lies an exploration of the increasingly blurred line between the private and the public, a theme that resonates as much today as at its inception. This collection, curated with a keen eye for diversity in perspective and style, traverses the complex landscape of privacy rights in the modern world. The anthology stands out for its rigorous examination of the legal, ethical, and societal dimensions of privacy, weaving together landmark cases, pivotal essays, and critical analyses to offer a multifaceted view of privacy's evolving definition and its implications. The inclusion of foundational works such as the seminal essay by Louis Brandeis and Samuel D. Warren highlights the depth and historical significance of the discourse presented. The editors and contributors, hailing from a broad spectrum of backgrounds in law, ethics, and technology, collectively underscore the anthology's thematic coherence. Their disparate vantage points, rooted in different eras and engaging with varying aspects of privacy, illuminate the rich tapestry of legal thought and ethical considerations. This convergence of historical and contemporary views underlines the collection's alignment with significant cultural and legal shifts, reflecting society's ongoing struggle to balance personal privacy with public interest. 'The Right to Privacy' is indispensable for readers seeking to navigate the intricate and often contentious terrain of privacy rights. It promises an enlightening journey through the kaleidoscope of opinions and analyses, offering valuable insights and fostering a deeper understanding of what it means to protect personal boundaries in an increasingly open world. This anthology is a must-read for anyone invested in the pivotal debates surrounding privacy, beckoning with the allure of a comprehensive and nuanced exploration of one of the most pressing issues of our time.

Author : Roger Brooke Taney
Publisher : Legare Street Press
Page : 0 pages
File Size : 33,24 MB
Release : 2022-10-27
Category : History
ISBN : 9781017251265

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The Washington University Libraries presents an online exhibit of documents regarding the Dred Scott case. American slave Dred Scott (1795?-1858) and his wife Harriet filed suit for their freedom in the Saint Louis Circuit Court in 1846. The U.S. Supreme Court decided in 1857 that the Scotts must remain slaves.

Author : Randy E. Barnett
Publisher : Princeton University Press
Page : 448 pages
File Size : 44,28 MB
Release : 2013-11-24
Category : Law
ISBN : 0691159734

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The U.S. Constitution found in school textbooks and under glass in Washington is not the one enforced today by the Supreme Court. In Restoring the Lost Constitution, Randy Barnett argues that since the nation's founding, but especially since the 1930s, the courts have been cutting holes in the original Constitution and its amendments to eliminate the parts that protect liberty from the power of government. From the Commerce Clause, to the Necessary and Proper Clause, to the Ninth and Tenth Amendments, to the Privileges or Immunities Clause of the Fourteenth Amendment, the Supreme Court has rendered each of these provisions toothless. In the process, the written Constitution has been lost. Barnett establishes the original meaning of these lost clauses and offers a practical way to restore them to their central role in constraining government: adopting a "presumption of liberty" to give the benefit of the doubt to citizens when laws restrict their rightful exercises of liberty. He also provides a new, realistic and philosophically rigorous theory of constitutional legitimacy that justifies both interpreting the Constitution according to its original meaning and, where that meaning is vague or open-ended, construing it so as to better protect the rights retained by the people. As clearly argued as it is insightful and provocative, Restoring the Lost Constitution forcefully disputes the conventional wisdom, posing a powerful challenge to which others must now respond. This updated edition features an afterword with further reflections on individual popular sovereignty, originalist interpretation, judicial engagement, and the gravitational force that original meaning has exerted on the Supreme Court in several recent cases.