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In this monograph, James E. Fleming argues that fidelity in interpreting the US Constitution as written requires a moral reading or philosophic approach, and that fidelity commits to honouring aspirational principles, not following the relatively specific original meanings (or original expected applications) of the founders.
Constitutional law --- Law - U.S. --- Law, Politics & Government --- Constitutional Law - U.S.
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The rule of law has been celebrated as “an unqualified human good," yet there is considerable disagreement about what the ideal of the rule of law requires. When people clamor for the preservation or extension of the rule of law, are they advocating a substantive conception of the rule of law respecting private property and promoting liberty, a formal conception emphasizing an “inner morality of law,” or a procedural conception stressing the right to be heard by an impartial tribunal and to make arguments about what the law is? When are exertions of executive power “outside the law” justified on the ground that they may be necessary to maintain or restore the conditions for the rule of law in emergency circumstances, such as defending against terrorist attacks? In Getting to the Rule of Law a group of contributors from a variety of disciplines address many of the theoretical legal, political, and moral issues raised by such questions and examine practical applications “on the ground” in the United States and around the world. This timely, interdisciplinary volume examines the ideal of the rule of law, questions when, if ever, executive power “outside the law” is justified to maintain or restore the rule of law, and explores the prospects for and perils of building the rule of law after military interventions.
Law --- Intervention (International law) --- Due process of law. --- Procedure (Law) --- Rule of law --- Law and politics --- Military intervention --- Diplomacy --- International law --- Neutrality --- Access to justice (Due process of law) --- Procedural due process --- Substantive due process --- Civil rights --- Justice, Administration of --- Adjective law --- Legal procedure --- Practice (Legal procedure) --- Procedural law --- Supremacy of law --- Administrative law --- Constitutional law --- Political aspects. --- Philosophy. --- Practice --- Procedure
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"Throughout the history of moral, political, and legal philosophy, many have portrayed passions and emotions as being opposed to reason and good judgment. At the same time, others have defended passions and emotions as tempering reason and enriching judgment, and there is mounting empirical evidence linking emotions to moral judgment. In Passions and Emotions, a group of prominent scholars in philosophy, political science, and law explore three clusters of issues: "Passion & Impartiality: Passions & Emotions in Moral Judgment"; "Passion & Motivation: Passions & Emotions in Democratic Politics"; and "Passion & Dispassion: Passions & Emotions in Legal Interpretation." This timely, interdisciplinary volume examines many of the theoretical and practical legal, political, and moral issues raised by such questions"--
Emotions. --- Law --- Political participation --- Political psychology. --- Political science --- POLITICAL SCIENCE / General. --- Political philosophy --- Mass political behavior --- Political behavior --- Politics, Practical --- Psychology, Political --- Psychology --- Social psychology --- Citizen participation --- Community action --- Community involvement --- Community participation --- Involvement, Community --- Participation, Citizen --- Participation, Community --- Participation, Political --- Political activity --- Political rights --- Social participation --- Political activists --- Jurisprudence --- Feelings --- Human emotions --- Passions --- Affect (Psychology) --- Affective neuroscience --- Apathy --- Pathognomy --- Philosophy. --- Psychological aspects. --- Psychological aspects
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Can theories of evolution explain the development of our capacity for moral judgment and the content of morality itself? If bad behavior punished by the criminal law is attributable to physical causes, rather than being intentional or voluntary as traditionally assumed, what are the implications for rethinking the criminal justice system? Is evolutionary theory and “nature talk,” at least as practiced to date, inherently conservative and resistant to progressive and feminist proposals for social changes to counter subordination and secure equality? In Evolution and Morality, a group of contributors from philosophy, law, political science, history, and genetics addressmany of the philosophical, legal, and political issues raisedby such questions. This insightful interdisciplinary volume examines the possibilities of a naturalistic ethics, the implicationsof behavioral morality for reform of the criminal law,the prospects for a biopolitical science, and the relationshipbetween nature, culture, and social engineering.
Science and law. --- Political ethics. --- Biopolitics. --- Law and science --- Science --- Law --- Ethics, Political --- Ethics in government --- Government ethics --- Political science --- Politics, Practical --- Ethics --- Civics --- Political behavior --- Human behavior --- Sociobiology --- Law and legislation --- Moral and ethical aspects
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Ronald Dworkin famously argued that fidelity in interpreting the Constitution as written calls for a fusion of constitutional law and moral philosophy. Barber and Fleming take up that call, arguing for a philosophic approach to constitutional interpretation.
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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.
Civil rights --- Constitutional law --- Civics. --- Civil society --- Cultural pluralism --- Liberalism --- Civics, American --- Political science --- Social ethics --- Citizenship --- Political ethics --- Liberal egalitarianism --- Liberty --- Social sciences
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In Federalism and Subsidiarity, a distinguished interdisciplinary group of scholars in political science, law, and philosophy address the application and interaction of the concept of federalism within law and government. What are the best justifications for and conceptions of federalism? What are the most useful criteria for deciding what powers should be allocated to national governments and what powers reserved to state or provincial governments? What are the implications of the principle of subsidiarity for such questions? What should be the constitutional standing of cities in federations? Do we need to “remap” federalism to reckon with the emergence of translocal and transnational organizations with porous boundaries that are not reflected in traditional jurisdictional conceptions? Examining these questions and more, this latest installation in the NOMOS series sheds new light on the allocation of power within federations.
LAW / Constitutional. --- POLITICAL SCIENCE / Political Freedom & Security / Law Enforcement. --- LAW / Government / Federal. --- Central-local government relations --- Competent authority --- Subsidiarity --- Local government --- Federal government --- Center-periphery government relations --- Local-central government relations --- Local government-central government relations --- Political science --- Decentralization in government --- Competence (Legal authority) --- Public officers --- Sociology --- States' rights (American politics)
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