Author: James E. Fleming Publisher: Harvard University Press ISBN: 0674070747 Category : Law Languages : en Pages : 482
Book Description
Many have argued in recent years that the U.S. constitutional system exalts individual rights over responsibilities, virtues, and the common good. Answering the charges against liberal theories of rights, James Fleming and Linda McClain develop and defend a civic liberalism that takes responsibilities and virtues—as well as rights—seriously. They provide an account of ordered liberty that protects basic liberties stringently, but not absolutely, and permits government to encourage responsibility and inculcate civic virtues without sacrificing personal autonomy to collective determination. The battle over same-sex marriage is one of many current controversies the authors use to defend their understanding of the relationship among rights, responsibilities, and virtues. Against accusations that same-sex marriage severs the rights of marriage from responsible sexuality, procreation, and parenthood, they argue that same-sex couples seek the same rights, responsibilities, and goods of civil marriage that opposite-sex couples pursue. Securing their right to marry respects individual autonomy while also promoting moral goods and virtues. Other issues to which they apply their idea of civic liberalism include reproductive freedom, the proper roles and regulation of civil society and the family, the education of children, and clashes between First Amendment freedoms (of association and religion) and antidiscrimination law. Articulating common ground between liberalism and its critics, Fleming and McClain develop an account of responsibilities and virtues that appreciates the value of diversity in our morally pluralistic constitutional democracy.
Author: Paul D. Miller Publisher: Cambridge University Press ISBN: 1108892418 Category : Political Science Languages : en Pages : 277
Book Description
When is war just? What does justice require? If we lack a commonly-accepted understanding of justice – and thus of just war – what answers can we find in the intellectual history of just war? Miller argues that just war thinking should be understood as unfolding in three traditions: the Augustinian, the Westphalian, and the Liberal, each resting on distinct understandings of natural law, justice, and sovereignty. The central ideas of the Augustinian tradition (sovereignty as responsibility for the common good) can and should be recovered and worked into the Liberal tradition, for which human rights serves the same function. In this reconstructed Augustinian Liberal vision, the violent disruption of ordered liberty is the injury in response to which force may be used and war may be justly waged. Justice requires the vindication and restoration of ordered liberty in, through, and after warfare.
Author: James McClellan Publisher: ISBN: Category : History Languages : en Pages : 664
Book Description
This new Liberty Fund edition of James McClellan's classic work on the quest for liberty, order, and justice in England and America includes the author's revisions to the original edition published in 1989 by the Center for Judicial Studies. Unlike most textbooks in American Government, Liberty, Order, and Justice seeks to familiarize the student with the basic principles of the Constitution, and to explain their origin, meaning, and purpose. Particular emphasis is placed on federalism and the separation of powers. These features of the book, together with its extensive and unique historical illustrations, make this new edition of Liberty, Order, and Justice especially suitable for introductory classes in American Government and for high school students in advanced placement courses.
Author: Lance Banning Publisher: ISBN: Category : History Languages : en Pages : 400
Book Description
Liberty and Order is an ambitious anthology of primary source writings: letters, circulars, debate transcriptions, House proceedings, and newspaper articles that document the years during which America's founding generation divided over the sort of country the United States was to become. The founders' arguments over the proper construction of the new Constitution, the political economy, the appropriate level of popular participation in a republican polity, foreign policy, and much else, not only contributed crucially to the shaping of the nineteenth-century United States, but also have remained of enduring interest to all historians of republican liberty. This anthology makes it possible to understand the grounds and development of the great collision, which pitted John Adams, Alexander Hamilton, and others who called themselves Federalists or, sometimes, the friends of order, against the opposition party led by Thomas Jefferson, James Madison, and their followers, in what emerged as the Jeffersonian Republican Party. Editor Lance Banning provides the reader with original-source explanations of early anti-Federalist feeling and Federalist concerns, beginning with the seventh letter from the 'Federal Farmer', in which the deepest fears of many opponents of the Constitution were expressed. He then selects from the House proceedings concerning the Bill of Rights and makes his way toward the public debates concerning the massive revolutionary debt acquired by the United States. The reader is able to examine the American reaction to the French Revolution and to the War of 1812, and to explore the founders' disagreements over both domestic and foreign policy. The collection ends on a somewhat melancholy note with the correspondence of Jefferson and Adams, who were, to some extent, reconciled to each other at the end of their political careers. Brief, elucidatory headnotes place both the novice and the expert in the midst of the times. - Back cover.
Author: John C. Pinheiro Publisher: Christian Social Thought Series ISBN: Category : Religion Languages : en Pages : 132
Book Description
The question of whether Catholicism is compatible with the American project in liberal democracy remains contentious. Many contemporary Catholic writers and intellectuals answer in the negative. In this volume, Professor John Pinheiro brings historical expertise to the topic, assessing the merits of the American project by focusing on the founding period. He examines the views of the founders and the realities of early American culture in light of the principles of Catholic social teaching and finds no simple answer to the question of Catholic and American compatibility. For the American experiment was not the realization of an ideological agenda; instead, it was the practical outworking of a commitment to protect traditional liberties. These liberties were largely consistent with Catholic doctrine. If the American project is not perfect, neither is it beyond redemption. Pinheiro points out that the task given to Catholics is not to raze the institutions of religious and political liberty but instead to "redeem the time" by embracing good and opposing evil in our own day.
Author: James E. Fleming Publisher: Harvard University Press ISBN: 0674067452 Category : Law Languages : en Pages : 384
Book Description
Fleming and McClain defend a civic liberalism that takes seriously not just rights but responsibilities and virtues. Issues taken up include same-sex marriage, reproductive freedom, regulation of civil society and the family, education of children, and clashes between First Amendment freedoms of association and religion and antidiscrimination law.
Author: Matthew W. Lunder Publisher: Rowman & Littlefield ISBN: 1793626359 Category : Law Languages : en Pages : 285
Book Description
The Concept of Ordered Liberty is a story of due process from the common-law tradition. Told through Supreme Court cases against a backdrop of political theory, legal philosophy and history, it illuminates a mid-twentieth-century dialectic between theories—liberal and conservative—for resolving controversies about state interference with personal liberties. So pervasive was the partisanship flowing from a riven body politic that every institution comprising the fabric of American society, including the federal courts, was soaked in it. But the ideological contest is not the story’s primary concern. More pertinent to our dilemma today is what the clash of ideologies eclipsed: a venerable judicial practice deeply rooted in American history and tradition. The moral of the story is in this praxis at its center and its understanding of the limits of legislative and judicial power. The modern liberal and conservative approaches to fundamental rights fall short of the tradition, having strayed from the common-law concept of ordered liberty. Readers will find a suprapartisan perspective on the federal courts’ obligation to resolve disputes about our Nation’s most controversial issues, and a critical reflection on the modern Supreme Court’s role in its politics.
Author: William J. Zanardi Publisher: 40 Acres Press ISBN: 9781610430036 Category : Liberty Languages : en Pages : 366
Book Description
It is one thing to assert that ordered liberty is indispensible to the preservation of open markets and democratic political orders; it is another to explain what ordered liberty is and how it emerges and endures. If an explanation of any phenomenon should be on the level of the best science of the day, then a study of ordered liberty should ask some hard questions. How do advances in the neurosciences alter how we understand and talk about liberty? How do we break our dependence on the residual language of faculty psychology, e.g. talk of free will, volition, reason or rational intellect? For that matter, how do we break free of the metaphors of an eighteenth-century mechanistic worldview, e.g. talk of determinisms and of mechanisms in the brain? This book answers these basic questions and in the process constructs a normative notion of liberty.
Author: Russell Kirk Publisher: Simon and Schuster ISBN: 1684516390 Category : Political Science Languages : en Pages : 561
Book Description
What holds America together? In this classic work, Russell Kirk identifies the beliefs and institutions that have nurtured the American soul and commonwealth. Beginning with the Hebrew prophets, Kirk examines in dramatic fashion the sources of American order. His analytical narrative might be called a "tale of five cities": Jerusalem, Athens, Rome, London, and Philadelphia. For an understanding of the significance of America in the twenty-first century, Russell Kirk's masterpiece on the history of American civilization is unsurpassed.
Author: Marita Carnelley Publisher: University of Kwazulu Natal Press ISBN: 9781869142148 Category : Festschriften Languages : en Pages : 0
Book Description
Law, Order and Liberty: Essays in Honour of Tony Mathews pays tribute to an academic and activist who has profoundly influenced South African law through his books and journal articles on democracy and human rights. Tony Mathews' compelling defense of the rule of law and his unremitting championing of the cause of human rights inspired a generation of law students and practitioners in the darkest days of apartheid. His untimely death just prior to the inception of constitutional democracy in South Africa deprived this nation of one of its most incisive legal minds. In honor of Mathews' rich intellectual legacy, this book has assembled contributions - principally focusing on administrative law and justice - from a number of eminent scholars whom were influenced and encouraged by his work. As the book makes abundantly clear, Mathews' principled and powerful critique of the apartheid laws that negated human rights - and eviscerated the legitimacy of the South African legal system - remains as a monument to both his moral courage and his legal brilliance. This tribute is a reminder of the debt owed to Tony Mathews, and it is a rousing and spirited defense of values that Mathews' upheld with such clarity and conviction.
Author: James E. Fleming
Author: Paul D. Miller
Author: James McClellan
Author: Lance Banning
Author: John C. Pinheiro
Author: James E. Fleming
Author: Matthew W. Lunder
Author: William J. Zanardi
Author: Russell Kirk
Author: Marita Carnelley