Law, Liberty and the Constitution - read free eBook in online reader or directly download on the web page. Select files or add your book in reader. Download and read online ebook Law, Liberty and the Constitution write by Harry Potter. This book was released on 2015. Law, Liberty and the Constitution available in PDF, EPUB and Kindle. A new approach to the telling of legal history, devoid of jargon and replete with good stories, which will be of interest to anyone wishing to know more about the common law - the spinal cord of the English body politic.
Freedom's Law
Freedom's Law - read free eBook in online reader or directly download on the web page. Select files or add your book in reader. Download and read online ebook Freedom's Law write by Ronald Dworkin. This book was released on 1999. Freedom's Law available in PDF, EPUB and Kindle. 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.
Originalism and the Good Constitution
Originalism and the Good Constitution - read free eBook in online reader or directly download on the web page. Select files or add your book in reader. Download and read online ebook Originalism and the Good Constitution write by John O. McGinnis. This book was released on 2013-11-01. Originalism and the Good Constitution available in PDF, EPUB and Kindle. Originalism holds that the U.S. Constitution should be interpreted according to its meaning at the time it was enacted. In their innovative defense of originalism, John McGinnis and Michael Rappaport maintain that the text of the Constitution should be adhered to by the Supreme Court because it was enacted by supermajorities--both its original enactment under Article VII and subsequent Amendments under Article V. A text approved by supermajorities has special value in a democracy because it has unusually wide support and thus tends to maximize the welfare of the greatest number. The authors recognize and respond to many possible objections. Does originalism perpetuate the dead hand of the past? How can originalism be justified, given the exclusion of African Americans and women from the Constitution and many of its subsequent Amendments? What is originalism's place in interpretation, after two hundred years of non-originalist precedent? A fascinating counterfactual they pose is this: had the Supreme Court not interpreted the Constitution so freely, perhaps the nation would have resorted to the Article V amendment process more often and with greater effect. Their book will be an important contribution to the literature on originalism, now the most prominent theory of constitutional interpretation.
Common-law Liberty
Common-law Liberty - read free eBook in online reader or directly download on the web page. Select files or add your book in reader. Download and read online ebook Common-law Liberty write by James Reist Stoner. This book was released on 2003. Common-law Liberty available in PDF, EPUB and Kindle. 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.
Active Liberty
Active Liberty - read free eBook in online reader or directly download on the web page. Select files or add your book in reader. Download and read online ebook Active Liberty write by Stephen Breyer. This book was released on 2007-12-18. Active Liberty available in PDF, EPUB and Kindle. A brilliant new approach to the Constitution and courts of the United States by Supreme Court Justice Stephen Breyer.For Justice Breyer, the Constitution’s primary role is to preserve and encourage what he calls “active liberty”: citizen participation in shaping government and its laws. As this book argues, promoting active liberty requires judicial modesty and deference to Congress; it also means recognizing the changing needs and demands of the populace. Indeed, the Constitution’s lasting brilliance is that its principles may be adapted to cope with unanticipated situations, and Breyer makes a powerful case against treating it as a static guide intended for a world that is dead and gone. Using contemporary examples from federalism to privacy to affirmative action, this is a vital contribution to the ongoing debate over the role and power of our courts.
