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Author: Thomas R. Pope Publisher: Routledge ISBN: 1135935327 Category : Political Science Languages : en Pages : 134
Book Description
Despite decades of attempts and the best intentions of its members, the United States Supreme Court has failed to develop a coherent jurisprudence regarding the state’s proper relationship to the individual. Without some objective standard upon which to ground jurisprudence, decisions have moved along a spectrum between freedom and authority and back again, affecting issues as diverse as individual contractual liberties and the right to privacy. Social Contract Theory in American Jurisprudence seeks to reintroduce the lessons of modern political philosophy to offer a solution for this variable application of legal principle and to lay the groundwork for a jurisprudence consistent in both theory and practice. Thomas R. Pope’s argument examines two exemplary court cases, Lochner v. New York and West Coast Hotel v. Parrish, and demonstrates how the results of these cases failed to achieve the necessary balance of liberty and the public good because they considered the matter in terms of a dichotomy. Pope explores our constitution’s roots in social contract theory, looking particularly to the ideas of Thomas Hobbes for a jurisprudence that is consistent with the language and tradition of the Constitution, and that is also more effectually viable than existing alternatives. Pope concludes with an examination of recent cases before the Court, grounding his observations firmly within the developments of ongoing negotiation of jurisprudence. Addressing the current debate between individual liberty and government responsibility within the context of contemporary jurisprudence, Pope considers the implications of a Hobbesian founding for modern policy. This book will be particularly relevant to scholars of Constitutional Law, the American Founding, and Modern Political Theory.
Author: Thomas R. Pope Publisher: Routledge ISBN: 1135935327 Category : Political Science Languages : en Pages : 134
Book Description
Despite decades of attempts and the best intentions of its members, the United States Supreme Court has failed to develop a coherent jurisprudence regarding the state’s proper relationship to the individual. Without some objective standard upon which to ground jurisprudence, decisions have moved along a spectrum between freedom and authority and back again, affecting issues as diverse as individual contractual liberties and the right to privacy. Social Contract Theory in American Jurisprudence seeks to reintroduce the lessons of modern political philosophy to offer a solution for this variable application of legal principle and to lay the groundwork for a jurisprudence consistent in both theory and practice. Thomas R. Pope’s argument examines two exemplary court cases, Lochner v. New York and West Coast Hotel v. Parrish, and demonstrates how the results of these cases failed to achieve the necessary balance of liberty and the public good because they considered the matter in terms of a dichotomy. Pope explores our constitution’s roots in social contract theory, looking particularly to the ideas of Thomas Hobbes for a jurisprudence that is consistent with the language and tradition of the Constitution, and that is also more effectually viable than existing alternatives. Pope concludes with an examination of recent cases before the Court, grounding his observations firmly within the developments of ongoing negotiation of jurisprudence. Addressing the current debate between individual liberty and government responsibility within the context of contemporary jurisprudence, Pope considers the implications of a Hobbesian founding for modern policy. This book will be particularly relevant to scholars of Constitutional Law, the American Founding, and Modern Political Theory.
Author: Minouche Shafik Publisher: Princeton University Press ISBN: 069120764X Category : Business & Economics Languages : en Pages : 256
Book Description
From one of the leading policy experts of our time, an urgent rethinking of how we can better support each other to thrive Whether we realize it or not, all of us participate in the social contract every day through mutual obligations among our family, community, place of work, and fellow citizens. Caring for others, paying taxes, and benefiting from public services define the social contract that supports and binds us together as a society. Today, however, our social contract has been broken by changing gender roles, technology, new models of work, aging, and the perils of climate change. Minouche Shafik takes us through stages of life we all experience—raising children, getting educated, falling ill, working, growing old—and shows how a reordering of our societies is possible. Drawing on evidence and examples from around the world, she shows how every country can provide citizens with the basics to have a decent life and be able to contribute to society. But we owe each other more than this. A more generous and inclusive society would also share more risks collectively and ask everyone to contribute for as long as they can so that everyone can fulfill their potential. What We Owe Each Other identifies the key elements of a better social contract that recognizes our interdependencies, supports and invests more in each other, and expects more of individuals in return. Powerful, hopeful, and thought-provoking, What We Owe Each Other provides practical solutions to current challenges and demonstrates how we can build a better society—together.
Author: Austin Sarat Publisher: Stanford University Press ISBN: 0804771707 Category : Law Languages : en Pages : 201
Book Description
This book considers the problem of law's physical control of persons and it illuminates competing visions of the law: as both a tool of regulation and as an instrument of coercion or punishment.
Author: Thomas R. Pope Publisher: Routledge ISBN: 1135935254 Category : Political Science Languages : en Pages : 126
Book Description
Despite decades of attempts and the best intentions of its members, the United States Supreme Court has failed to develop a coherent jurisprudence regarding the state’s proper relationship to the individual. Without some objective standard upon which to ground jurisprudence, decisions have moved along a spectrum between freedom and authority and back again, affecting issues as diverse as individual contractual liberties and the right to privacy. Social Contract Theory in American Jurisprudence seeks to reintroduce the lessons of modern political philosophy to offer a solution for this variable application of legal principle and to lay the groundwork for a jurisprudence consistent in both theory and practice. Thomas R. Pope’s argument examines two exemplary court cases, Lochner v. New York and West Coast Hotel v. Parrish, and demonstrates how the results of these cases failed to achieve the necessary balance of liberty and the public good because they considered the matter in terms of a dichotomy. Pope explores our constitution’s roots in social contract theory, looking particularly to the ideas of Thomas Hobbes for a jurisprudence that is consistent with the language and tradition of the Constitution, and that is also more effectually viable than existing alternatives. Pope concludes with an examination of recent cases before the Court, grounding his observations firmly within the developments of ongoing negotiation of jurisprudence. Addressing the current debate between individual liberty and government responsibility within the context of contemporary jurisprudence, Pope considers the implications of a Hobbesian founding for modern policy. This book will be particularly relevant to scholars of Constitutional Law, the American Founding, and Modern Political Theory.
Author: John RAWLS Publisher: Harvard University Press ISBN: 0674042603 Category : Philosophy Languages : en Pages : 624
Book Description
Though the revised edition of A Theory of Justice, published in 1999, is the definitive statement of Rawls's view, so much of the extensive literature on Rawls's theory refers to the first edition. This reissue makes the first edition once again available for scholars and serious students of Rawls's work.
Author: John L. Bowman Publisher: AuthorHouse ISBN: 1491858672 Category : Law Languages : en Pages : 111
Book Description
This is a book about the nature of law and its proposition is law should embody justice-but it does not. It does not because there exists a jurisprudential tug of war today between natural and normative law based on morality and non-natural and descriptive law that claims law is simply a social fact. American jurisprudence, perhaps for the first time in human history was founded on natural law. The Constitution embodied morality derived from the social contract which was derived in part from John Locke who believed the end of law is not to abolish or restrain but to preserve and enlarge freedom. But America is embracing non-natural law and the consequences have been unequal treatment under the law, erosion of the rule of law and injustice in the law. Americas judiciary is in turmoil and this book explains why. It does so by exploring contemporary philosophies of law, important moral theories including the social contract, the nature of justice as well as rights, legal reasoning, punishment, responsibility, procedure and evidence.
Author: Peter J. McCormick Publisher: Routledge ISBN: 1000706575 Category : Political Science Languages : en Pages : 360
Book Description
First published in 1987. This study is concerned with the problem of political obligation, the normative question of why one should obey the law, and with social contract thought as an answer to this question. It is entitled a critique, but the critique is not of social contract theory as such, but rather of the "orthodox" treatment of contract that yields so readily to the rough handling and easy rejection that is the normal lot of contractarianism in contemporary treatments. In its place will be suggested a reinterpretation of contract that sees it as making different assumptions and requiring different premises, and that is proof against many of the orthodox refutations of social contract theory; the reinterpretation is thus in the nature of a vindication. First, from an examination of the most commonly cited champions of contractarianism (namely Hobbes, Locke and Rousseau) will be derive a reinterpretation of contract in the form of a new model or syllogism, the features of which will be brought out by contrasting it first with the contemporary ideas of John Rawls and then with the orthodox model itself. Democratic consent theory, as the heir to the remnants of the orthodox model, will be examined, and the ideas of T. H. Green will be considered as embodying an important feature of contractarianism omitted or ignored by the orthodox model (and hence by democratic theory.) Finally, the new model of contract will be suggested as a potentially useful approach to the problem of political obligation in the modern context. This title will be of interest to student of politics and philosophy.
Author: Charles W. Mills Publisher: Cornell University Press ISBN: 1501764292 Category : Social Science Languages : en Pages : 208
Book Description
The Racial Contract puts classic Western social contract theory, deadpan, to extraordinary radical use. With a sweeping look at the European expansionism and racism of the last five hundred years, Charles W. Mills demonstrates how this peculiar and unacknowledged "contract" has shaped a system of global European domination: how it brings into existence "whites" and "non-whites," full persons and sub-persons, how it influences white moral theory and moral psychology; and how this system is imposed on non-whites through ideological conditioning and violence. The Racial Contract argues that the society we live in is a continuing white supremacist state. As this 25th anniversary edition—featuring a foreword by Tommy Shelbie and a new preface by the author—makes clear, the still-urgent The Racial Contract continues to inspire, provoke, and influence thinking about the intersection of the racist underpinnings of political philosophy.
Author: Thomas R. Pope
Author: Thomas R. Pope
Author: Minouche Shafik
Author: Austin Sarat
Author: Thomas R. Pope
Author: John RAWLS
Author: Michael Lessnoff
Author: John L. Bowman
Author: Jean-Jacques Rousseau
Author: Peter J. McCormick
Author: Charles W. Mills