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Scholars in the "Critical Legal Studies" movement have challenged some of the most cherished ideals of modern Western legal and political thought. CLS thinkers claim that the rule of law is a myth and that its defense by liberal thinkers is riddled with inconsistencies. This first book-length liberal reply to CLS systematically examines the philosophical underpinnings of the CLS movement and exposes the deficiencies in the major lines of CLS argument against liberalism.
Aristotle, on rule of law. --- Bingham, Joseph. --- Blackmun, Harry. --- Brest, Paul. --- Brosnan, Donald. --- Cardozo, Benjamin. --- Constant, Benjamin. --- Edgerton, Robert. --- Ewald, William. --- Foucault, Michel. --- Frank, Jerome. --- Freeman, Alan. --- Greenawalt, Kent. --- Harries, Karsten. --- Herzog, Don. --- Humboldt, Wilhelm von. --- Hunt, Alan. --- Kierkegaard, Soren. --- Kirchheimer, Otto. --- Marxism. --- Nietzsche, Friedrich. --- abortion. --- altruism. --- anti-Semitism. --- antinomianism. --- community. --- deconstructionism. --- due process. --- duty to aid a stranger. --- epistemological neutrality. --- equal protection doctrine. --- equality under law. --- fair notice. --- fetishism. --- functionalism. --- individualism. --- informalism. --- iron law of oligarchy. --- law-and-society movement. --- legal accountability. --- legal formalism. --- legal realism. --- moral truth. --- nation-state. --- order, problem of. --- plain meaning, theory of. --- political neutrality. --- radical indeterminacy. --- reflective equilibrium. --- rule conception of society. --- rule of recognition.
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Challenging those who accept or advocate executive supremacy in American foreign-policy making, Constitutional Diplomacy proposes that we abandon the supine roles often assigned our legislative and judicial branches in that field. This book, by the former Legal Counsel to the Senate Foreign Relations Committee, is the first comprehensive analysis of foreign policy and constitutionalism to appear in over fifteen years. In the interval since the last major work on this theme was published, the War Powers Resolution has ignited a heated controversy, several major treaties have aroused passionate disagreement over the Senate's role, intelligence abuses have been revealed and remedial legislation debated, and the Iran-Contra affair has highlighted anew the extent of disagreement over first principles. Exploring the implications of these and earlier foreign policy disputes, Michael Glennon maintains that the objectives of diplomacy cannot be successfully pursued by discarding constitutional interests. Glennon probes in detail the important foreign-policy responsibilities given to Congress by the Constitution and the duty given to the courts of resolving disputes between Congress and the President concerning the power to make foreign policy. He reviews the scope of the prime tools of diplomacy, the war power and the treaty power, and examines the concept of national security. Throughout the work he considers the intricate weave of two legal systems: American constitutional principles and the international law norms that are part of the U.S. domestic legal system.
POLITICAL SCIENCE / International Relations / General. --- United States --- Foreign relations --- Law and legislation. --- Berger, Raoul. --- Bernstein exception. --- Boland Amendment. --- Bricker amendment. --- Bumpers amendment. --- Cardozo, Benjamin. --- Charles II. --- Congo rescue mission. --- Connally reservation. --- Dominican Republic. --- Eagleton, Thomas. --- General Accounting Office. --- Grenada. --- Gulf of Tonkin Resolution. --- Hamilton, Alexander. --- Heritage Foundation. --- Honduras. --- Impoundment Control Act. --- Jackson, Robert. --- Japan treaty. --- Korean Airline shoot-down. --- Laos. --- Massachusetts. --- National Security Act of 1947. --- Niagara Reservation. --- Oxford Union. --- Platt amendment. --- Restatement of Agency. --- Saigon. --- Sandalow, Terry. --- Stewart, Potter. --- actio popularis. --- adverse possession. --- assassination. --- checks and balances. --- confirmation power. --- covert operations. --- custom. --- delegation doctrine. --- dualism. --- emergency presidential powers. --- executive agreements. --- functional analysis. --- judicial review. --- kidnapping. --- legal realism. --- legislative veto. --- nuclear testing. --- passport restrictions. --- rule of recognition. --- third agency rule.
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