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Author: Justin Buckley Dyer Publisher: Cambridge University Press ISBN: 1139505157 Category : Political Science Languages : en Pages :
Book Description
In Natural Law and the Antislavery Constitutional Tradition, Justin Buckley Dyer provides a succinct account of the development of American antislavery constitutionalism in the years preceding the Civil War. Within the context of recent revisionist scholarship, Dyer argues that the theoretical foundations of American constitutionalism - which he identifies with principles of natural law - were antagonistic to slavery. Still, the continued existence of slavery in the nineteenth century created a tension between practice and principle. In a series of case studies, Dyer reconstructs the constitutional arguments of prominent antislavery thinkers such as John Quincy Adams, John McLean, Abraham Lincoln and Frederick Douglass, who collectively sought to overcome the legacy of slavery by emphasizing the natural law foundations of American constitutionalism. What emerges is a convoluted understanding of American constitutional development that challenges traditional narratives of linear progress while highlighting the centrality of natural law to America's greatest constitutional crisis.
Author: Justin Buckley Dyer Publisher: Cambridge University Press ISBN: 1139505157 Category : Political Science Languages : en Pages :
Book Description
In Natural Law and the Antislavery Constitutional Tradition, Justin Buckley Dyer provides a succinct account of the development of American antislavery constitutionalism in the years preceding the Civil War. Within the context of recent revisionist scholarship, Dyer argues that the theoretical foundations of American constitutionalism - which he identifies with principles of natural law - were antagonistic to slavery. Still, the continued existence of slavery in the nineteenth century created a tension between practice and principle. In a series of case studies, Dyer reconstructs the constitutional arguments of prominent antislavery thinkers such as John Quincy Adams, John McLean, Abraham Lincoln and Frederick Douglass, who collectively sought to overcome the legacy of slavery by emphasizing the natural law foundations of American constitutionalism. What emerges is a convoluted understanding of American constitutional development that challenges traditional narratives of linear progress while highlighting the centrality of natural law to America's greatest constitutional crisis.
Author: Justin Buckley Dyer Publisher: ISBN: Category : Languages : en Pages : 444
Book Description
Public actors associated with the tradition of American antislavery constitutionalism in the nineteenth-century insisted that the Constitution of 1787 contained certain inbuilt purposes or animating principles, which ought to have aided constitutional interpreters in construing specific provisions of the constitutional text that related, directly or indirectly, to the law and politics of slavery in the United States. The Constitution of 1787 recognized the existence of slavery in the several states, yet antislavery constitutionalists interpreted even the slavery-related clauses as aspiring toward a certain liberal constitutional vision that was not yet a reality. In this dissertation, I argue, first, that these nineteenth-century interpretations of the Constitution in antislavery terms were intricately bound up with theories of natural law, and, second, I suggest that this aspect of the antislavery constitutional tradition offers a strong interpretive challenge (both descriptive and normative) to various aspects of the current scholarly literature on constitutional development and constitutional theory.
Author: Justin Buckley Dyer Publisher: Cambridge University Press ISBN: 1107108241 Category : Philosophy Languages : en Pages : 173
Book Description
This book shows how Lewis was interested in the truths and falsehoods about human nature and how these conceptions manifest themselves in the public square.
Author: Justin Buckley Dyer Publisher: Cambridge University Press ISBN: 1107013631 Category : History Languages : en Pages : 209
Book Description
Natural Law and the Antislavery Constitutional Tradition is a succinct account of the development of American antislavery constitutionalism in the years preceding the Civil War. In a series of case studies, Dyer reconstructs the arguments of prominent antislavery thinkers such as John Quincy Adams, John McLean, Abraham Lincoln, and Frederick Douglass. What emerges is a convoluted understanding of American constitutional development that emphasizes the centrality of natural law to America's greatest constitutional crisis.
Author: Justin Buckley Dyer Publisher: Cambridge University Press ISBN: 110703194X Category : Law Languages : en Pages : 207
Book Description
Justin Buckley Dyer provides the first book-length scholarly treatment of the parallels between slavery and abortion in American constitutional development.
Author: William M. Wiecek Publisher: Cornell University Press ISBN: 1501726455 Category : History Languages : en Pages : 309
Book Description
This ambitious book examines the constitutional and legal doctrines of the antislavery movement from the eve of the American Revolution to the Wilmot Proviso and the 1848 national elections. Relating political activity to constitutional thought, William M. Wiecek surveys the antislavery societies, the ideas of their individual members, and the actions of those opposed to slavery and its expansion into the territories. He shows that the idea of constitutionalism has popular origins and was not the exclusive creation of a caste of lawyers. In offering a sophisticated examination of both sides of the argument about slavery, he not only discusses court cases and statutes, but also considers a broad range of "extrajudicial" thought—political speeches and pamphlets, legislative debates and arguments.
Author: Robert M. Cover Publisher: Yale University Press ISBN: 9780300032529 Category : Law Languages : en Pages : 340
Book Description
What should a judge do when he must hand down a ruling based on a law that he considers unjust or oppressive? This question is examined through a series of problems concerning unjust law that arose with respect to slavery in nineteenth-century America. "Cover's book is splendid in many ways. His legal history and legal philosophy are both first class. . . . This is, for a change, an interdisciplinary work that is a credit to both disciplines."--Ronald Dworkin, Times Literary Supplement "Scholars should be grateful to Cover for his often brilliant illumination of tensions created in judges by changing eighteenth- and nineteenth-century jurisprudential attitudes and legal standards. . . An exciting adventure in interdisciplinary history."--Harold M. Hyman, American Historical Review "A most articulate, sophisticated, and learned defense of legal formalism. . . Deserves and needs to be widely read."--Don Roper, Journal of American History "An excellent illustration of the way in which a burning moral issue relates to the American judicial process. The book thus has both historical value and a very immediate importance."--Edwards A. Stettner, Annals of the American Academy of Political and Social Science "A really fine book, an important contribution to law and to history."--Louis H. Pollak
Author: Jacobus tenBroek Publisher: Univ of California Press ISBN: 0520344847 Category : History Languages : en Pages : 238
Book Description
This title is part of UC Press's Voices Revived program, which commemorates University of California Press’s mission to seek out and cultivate the brightest minds and give them voice, reach, and impact. Drawing on a backlist dating to 1893, Voices Revived makes high-quality, peer-reviewed scholarship accessible once again using print-on-demand technology. This title was originally published in 1951.
Author: Justin Buckley Dyer
Author: Justin Buckley Dyer
Author: Justin Buckley Dyer
Author: Justin Buckley Dyer
Author: Justin Buckley Dyer
Author: Justin Buckley Dyer
Author: William M. Wiecek
Author: Robert M. Cover
Author: Jacobus tenBroek
Author: Lysander Spooner
Author: