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Author : Hadley Arkes
Publisher : Cambridge University Press
Page : 281 pages
File Size : 42,23 MB
Release : 2010-05-31
Category : Law
ISBN : 0521732085
Arkes re-examines legal cases and concepts long thought settled, finding that their meaning is far less clear than commonly accepted.
Author : Hadley Arkes
Publisher : Princeton University Press
Page : 296 pages
File Size : 28,68 MB
Release : 1992-09-28
Category : Law
ISBN : 9780691025544
Hadley Arkes argues that it is necessary to move "beyond the Constitution," to the principles that stood antecedent to the text, if we are to understand the text and apply the Constitution to the cases that arise every day in our law.
Author : Hadley Arkes
Publisher : Princeton University Press
Page : 316 pages
File Size : 14,65 MB
Release : 1997-04-22
Category : Law
ISBN : 9780691016283
From Amherst College, Hadley Arkes seeks to restore, for a new generation, the jurisprudence of the late Justice of the Supreme Court George Sutherlandone anchored in the understanding of natural rights. Arkes argues that if both liberals and conservatives would study the writings of George Sutherland, with unclouded eyes, both groups would set aside their differences and return to the moral ground of their jurisprudence.
Author : Robert B. Talisse
Publisher : Cambridge University Press
Page : 217 pages
File Size : 44,27 MB
Release : 2009-09-10
Category : Philosophy
ISBN : 0521513545
If confronted with a democratic result they regard as intolerable, should citizens revolt or pursue democratic means of social change?
Author : Robert Pasnau
Publisher : OUP Oxford
Page : 811 pages
File Size : 37,23 MB
Release : 2013-02-07
Category : Philosophy
ISBN : 0191501794
Robert Pasnau traces the developments of metaphysical thinking through four rich but for the most part neglected centuries of philosophy, running from the thirteenth century through to the seventeenth. At no period in the history of philosophy, other than perhaps our own, have metaphysical problems received the sort of sustained attention they received during the later Middle Ages, and never has a whole philosophical tradition come crashing down as quickly and completely as did scholastic philosophy in the seventeenth century. The thirty chapters work through various fundamental metaphysical issues, sometimes focusing more on scholastic thought, sometimes on the seventeenth century. Pasnau begins with the first challenges to the classical scholasticism of Bonaventure and Thomas Aquinas, runs through prominent figures like John Duns Scotus and William Ockham, and ends in the seventeenth century, with the end of the first stage of developments in post-scholastic philosophy: on the continent, with Descartes and Gassendi, and in England, with Boyle and Locke.
Author : Stephen A. Simon
Publisher : State University of New York Press
Page : 198 pages
File Size : 45,82 MB
Release : 2014-03-11
Category : Political Science
ISBN : 1438451873
Are constitutional rights based exclusively in uniquely American considerations, or are they based at least in part on principles that transcend the boundaries of any particular country, such as the requirements of freedom or dignity? By viewing constitutional law through the prism of this fundamental question, Universal Rights and the Constitution exposes an overlooked difficulty with opinions rendered by the Supreme Court, namely, an inherent ambiguity about the kinds of arguments that count in constitutional interpretation, which weakens the foundations of our most cherished rights. Rejecting current debates over constitutional interpretation as flawed, Stephen A. Simon offers an innovative framework designed to provide clearer foundations for rights interpretations while preserving a meaningful but limited role for universal arguments. He reveals the vital connections among contemporary debates over such matters as the right to privacy, the constitutionality of the death penalty, and the role of foreign law in constitutional interpretation.
Author : William James
Publisher : The Floating Press
Page : 824 pages
File Size : 40,65 MB
Release : 2009-01-01
Category : Psychology
ISBN : 1877527467
Harvard psychologist and philosopher William James' The Varieties of Religious Experience: A Study in Human Nature explores the nature of religion and, in James' observation, its divorce from science when studied academically. After publication in 1902 it quickly became a canonical text of philosophy and psychology, remaining in print through the entire century. "Scientific theories are organically conditioned just as much as religious emotions are; and if we only knew the facts intimately enough, we should doubtless see 'the liver' determining the dicta of the sturdy atheist as decisively as it does those of the Methodist under conviction anxious about his soul. When it alters in one way the blood that percolates it, we get the Methodist, when in another way, we get the atheist form of mind."
Author : Peter Marcuse
Publisher : Verso Books
Page : 257 pages
File Size : 48,45 MB
Release : 2024-08-27
Category : Political Science
ISBN : 1804294942
In every major city in the world there is a housing crisis. How did this happen and what can we do about it? Everyone needs and deserves housing. But today our homes are being transformed into commodities, making the inequalities of the city ever more acute. Profit has become more important than social need. The poor are forced to pay more for worse housing. Communities are faced with the violence of displacement and gentrification. And the benefits of decent housing are only available for those who can afford it. In Defense of Housing is the definitive statement on this crisis from leading urban planner Peter Marcuse and sociologist David Madden. They look at the causes and consequences of the housing problem and detail the need for progressive alternatives. The housing crisis cannot be solved by minor policy shifts, they argue. Rather, the housing crisis has deep political and economic roots—and therefore requires a radical response.
Author : Michael Freeden
Publisher : Oxford University Press, USA
Page : 161 pages
File Size : 10,92 MB
Release : 2003-06-26
Category : Philosophy
ISBN : 019280281X
Ideology is one of the most controversial terms in the political vocabulary, inciting both revulsion and inspiration. This book explains why ideologies deserve respect as a major form of political thinking, without which we cannot make sense of the political world. The reader is introduced to their vitality and force, utilizing insights from a range of disciplines, and through examining the arguments of the main ideologies.
Author : Adam M. Carrington
Publisher : Rowman & Littlefield
Page : 199 pages
File Size : 41,68 MB
Release : 2017-06-30
Category : Political Science
ISBN : 149855444X
This bookexamines liberty’s Constitutional meaning through the jurisprudence of Justice Stephen Field, one of the late-Nineteenth Century’s most influential Supreme Court Justices. A Lincoln appointee who served on the Court from 1863-1897, Field articulated a view of Constitutional liberty that speaks to contemporary disputes. Today, some see liberty as protection through government regulation against private oppression. Others see liberty as protection from government through limits on governmental power. Justice Field is often viewed as siding against government power to regulate, acting as a pre-cursor to the infamous “Lochner”Era of the Court. This work explains how Field instead saw both these competing conceptions of liberty as legitimate. In fact, the two cooperated toward a common end. In his opinions, Field argued that protections through and from government worked in tandem to guard fundamental individual rights. In describing this view of liberty, Field addressed key Constitutional provisions that remain a source of debate, including some of the earliest interpretations of the Due Process Clause, its relationship to state police power and civil rights, and some of the earliest assertions of a national police power through the Commerce Clause. This work furthermore addresses the underpinnings of Field’s views, namely that he grounded his reading of the Constitution in the context of the common law and the Declaration of Independence. In his principles as well as his approach, this book argues, Justice Field presents a helpful discussant in ongoing debates regarding the meaning of liberty and of the Constitution.