[PDF] Conservative Crisis And The Rule Of Law eBook

Author : Jefferson Decker
Publisher : Oxford University Press
Page : 297 pages
File Size : 44,95 MB
Release : 2016-08-01
Category : Political Science
ISBN : 0190467320

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In 1973, a group of California lawyers formed a non-profit, public-interest legal foundation dedicated to defending conservative principles in court. Calling themselves the Pacific Legal Foundation, they declared war on the U.S. regulatory state--the sets of rules, legal precedents, and bureaucratic processes that govern the way Americans do business. Believing that the growing size and complexity of government regulations threatened U.S. economy and infringed on property rights, Pacific Legal Foundation began to file a series of lawsuits challenging the government's power to plan the use of private land or protect environmental qualities. By the end of the decade, they had been joined in this effort by spin-off legal foundations across the country. The Other Rights Revolution explains how a little-known collection of lawyers and politicians--with some help from angry property owners and bulldozer-driving Sagebrush Rebels--tried to bring liberal government to heel in the final decades of the twentieth century. Decker demonstrates how legal and constitutional battles over property rights, preservation, and the environment helped to shape the political ideas and policy agendas of modern conservatism. By uncovering the history--including the regionally distinctive experiences of the American West--behind the conservative mobilization in the courts, Decker offers a new interpretation of the Reagan-era right.

Author : Jay M. Feinman
Publisher : Beacon Press
Page : 248 pages
File Size : 33,30 MB
Release : 2004
Category : Law
ISBN : 9780807044261

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How the Right is subverting the legal protections of consumers, workers, injury victims, and the environment There is an undercover war going on in America that impacts everyone"s life far more than has been reported. The Conservative movement has been systematically turning back a century"s worth of liberal gains and protections found in the common law-the areas of law that affect most of the everyday activities of ordinary people. Throughout the twentieth century, contract, property, and personal injury law evolved to take more account of social condition and the less powerful members of American society. Contracts were interpreted in light of common sense, property ownership was subjected to reasonable-use provisions, and consumers were protected against dangerous products. But all that is changing. Conservatives have a clear agenda to turn back the clock on the common law to increase the rights of big business. Some significant inroads have already protected gun manufacturers from lawsuits and hampered the government"s protection of the environment, for example; more rollbacks are on the horizon. Although this aspect of the Conservative agenda is not as visible as assaults on abortion rights and civil liberties, it may ultimately have even greater impact on our society. Jay M. Feinman"s book is an accessible, eye-opening primer, full of vivid examples and case histories. It should be an important new issue in the election debates, and in our thinking about a just American society.

Author : Patrick M. Garry
Publisher : Encounter Books
Page : 181 pages
File Size : 37,72 MB
Release : 2010
Category : Political Science
ISBN : 1594033471

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Throughout the 1980s and 1990s, conservatism possessed a vibrancy that resulted from spirited intellectual inquiry and open debate. However, in the years leading up to the 2008 elections, this energy seemed to fade. It was as if the conservative movement became less concerned with ideas and more concerned with the preservation of political power. In Conservatism Redefined, Patrick Garry examines how Conservatives dug themselves into this hole, and how they can climb out. However, unlike many conservative pundits, Garry does not propose a simple, -rediscover our roots- credo. Instead, Conservatism Redefined reexamines and renews conservative ideology, explaining how the classical ideals of conservatism can be employed in new ways to address the concerns of citizens across the ethnic, generational, and economic spectrum. Conservatism in America is currently mired in its worst crisis since the 1960s. To be sure, the crisis accompanied the declining public opinion of the Bush presidency and the resurgence of liberalism and large, aggressive government in a time of crisis. But, as Patrick Garry explains, this does not mean that conservatism has been defeated as an ideology, it means it must be redefined.

Author : Robert Turley
Publisher :
Page : 0 pages
File Size : 14,90 MB
Release : 2008
Category : Christianity and law
ISBN : 9780615199290

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Most people accept Supreme Court decisions, even when the Justices themselves vigorously criticize each other's opinions. But recent cases, with the frequency of their 5-4 decisions, cause concern as to the direction in which the rule of law is being taken. Both conservatives and liberals are concerned as to who will be appointed to fill expected vacancies. Building precedent upon precedent has led to consequences not intended by the courts that created the earlier precedents. Some of these decisions even redefined the terms of the Constitution or added rights not mentioned in the text of either the Constitution or the Bill of Rights. The thesis of this book is that lawyers and judges, especially Christian lawyers and judges, know the difference between right and wrong. Then, their collective and continued leadership and influence may restore American culture to that which was exemplified by the Greatest Generation.

Author : Joel D. Aberbach
Publisher : Oxford University Press
Page : 417 pages
File Size : 37,6 MB
Release : 2011-06-17
Category : Political Science
ISBN : 0199764018

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Crisis of Conservatism? assesses the status of American conservatism--its politics, its allies in the Republican Party, and the struggle for the soul of the conservative movement. This struggle became especially acute with the controversial policies of the Bush administration and Republican losses in the 2006 and 2008 elections.The book's contributors, a broad array of leading scholars of conservatism, identify a range of tensions in the conservative movement and the Republican Party, tensions over what conservatism is and should be, over what conservatives should do when in power, and over how conservatives should govern. While the conservative movement remains beset by many problems and divisions, it has fundamental strengths. Crisis of Conservatism? reveals the many varieties of conservatism and examines the internal conflicts, strengths and challenges that will define the movement in the future.

Author : Brian Z. Tamanaha
Publisher : Cambridge University Press
Page : 196 pages
File Size : 26,16 MB
Release : 2004-11-18
Category : Juvenile Nonfiction
ISBN : 9780521604659

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The rule of law is the most important political ideal today, yet there is much confusion about what it means and how it works. This 2004 book explores the history, politics, and theory surrounding the rule of law ideal, beginning with classical Greek and Roman ideas, elaborating on medieval contributions to the rule of law, and articulating the role played by the rule of law in liberal theory and liberal political systems. The author outlines the concerns of Western conservatives about the decline of the rule of law and suggests reasons why the radical Left have promoted this decline. Two basic theoretical streams of the rule of law are then presented, with an examination of the strengths and weaknesses of each. The book examines the rule of law on a global level, and concludes by answering the question of whether the rule of law is a universal human good.