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Natural Law, Constitutionalism, Reason of State, and War

Natural Law, Constitutionalism, Reason of State, and War
Author: J. A. Fernández-Santamaría
Publisher: Peter Lang
Total Pages: 492
Release: 2005
Genre: History
ISBN: 9780820474274

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Natural Law, Constitutionalism, Reason of State, and War: Counter-Reformation Spanish Political Thought (Volumes I and II) aims at understanding how Spanish thinkers in the sixteenth and early seventeenth centuries approached the emerging institution of the state. Both volumes are divided evenly into four distinct but related parts that cover the Spaniards' central concerns. In the first part, a fundamental question is asked: Is the state a natural institution? In the second, the theme is determining the best form of government. The third part is concerned with the imperative need to define the ethical boundaries beyond which the state must not trespass. Finally, the fourth part examines the question of war as an instrument of policy.


The Reason of State

The Reason of State
Author: Giovanni Botero
Publisher:
Total Pages: 298
Release: 2003-01
Genre:
ISBN: 9780758101075

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American Interpretations of Natural Law

American Interpretations of Natural Law
Author: Benjamin Fletcher Wright
Publisher: Routledge
Total Pages: 431
Release: 2017-07-05
Genre: Philosophy
ISBN: 1351532650

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This book illustrates the deep roots of natural law doctrines in America's political culture. Originally published in 1931, the volume shows that American interpretations of natural law go to the philosophical heart of the American regime. The Declaration of Independence is the preeminent example of natural law in American political thought?it is the self-evident truth of American society.Benjamin Wright proposes that the decline of natural law as a guiding factor in American political behaviour is inevitable as America's democracy matures and broadens. What Wright also chronicled, inadvertently, was how the progressive critique of natural law has opened a rift between and among some of the ruling elites and large numbers of Americans who continue to accept it. Progressive elites who reject natural law do not share the same political culture as many of their fellow citizens.Wright's work is important because, as Leo Strauss and others have observed, the decline of natural law is a development that has not had a happy ending in other societies in the twentieth century. There is no reason to believe it will be different in the United States.


Natural Law and the Antislavery Constitutional Tradition

Natural Law and the Antislavery Constitutional Tradition
Author: Justin Buckley Dyer
Publisher: Cambridge University Press
Total Pages:
Release: 2012-02-13
Genre: Political Science
ISBN: 1139505157

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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.


Reason of State

Reason of State
Author: Thomas Poole
Publisher: Cambridge University Press
Total Pages: 315
Release: 2015-07-20
Genre: Law
ISBN: 1316352358

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This historically embedded treatment of theoretical debates about prerogative and reason of state spans over four centuries of constitutional development. Commencing with the English Civil War and the constitutional theories of Hobbes and the Republicans, it moves through eighteenth-century arguments over jealousy of trade and commercial reason of state to early imperial concerns and the nineteenth-century debate on the legislative empire, to martial law and twentieth-century articulations of the state at the end of empire. It concludes with reflections on the contemporary post-imperial security state. The book synthesises a wealth of theoretical and empirical literature that allows a link to be made between the development of constitutional ideas and global realpolitik. It exposes the relationship between internal and external pressures and designs in the making of the modern constitutional polity and explores the relationship between law, politics and economics in a way that remains rare in constitutional scholarship.


Common Good Constitutionalism

Common Good Constitutionalism
Author: Adrian Vermeule
Publisher: John Wiley & Sons
Total Pages: 171
Release: 2022-02-08
Genre: Political Science
ISBN: 1509548882

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The way that Americans understand their Constitution and wider legal tradition has been dominated in recent decades by two exhausted approaches: the originalism of conservatives and the “living constitutionalism” of progressives. Is it time to look for an alternative? Adrian Vermeule argues that the alternative has been there, buried in the American legal tradition, all along. He shows that US law was, from the founding, subsumed within the broad framework of the classical legal tradition, which conceives law as “a reasoned ordering to the common good.” In this view, law’s purpose is to promote the goods a flourishing political community requires: justice, peace, prosperity, and morality. He shows how this legacy has been lost, despite still being implicit within American public law, and convincingly argues for its recovery in the form of “common good constitutionalism.” This erudite and brilliantly original book is a vital intervention in America’s most significant contemporary legal debate while also being an enduring account of the true nature of law that will resonate for decades with scholars and students.


Traditional Natural Law as the Source of Western Constitutional Law, Particularly in the United States

Traditional Natural Law as the Source of Western Constitutional Law, Particularly in the United States
Author: Dante Figueroa
Publisher: Fundacion Editorial Juridica Venezolana
Total Pages: 166
Release: 2014-10-04
Genre: Constitutional history
ISBN: 9789803652708

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In his book, "Traditional Natural Law as the Source of Western Constitutional Law, Particularly in the United States," Professor Figueroa seeks to explain to his students the connections between the concept of natural law as understood by Catholic thinkers throughout the ages, and the fundamental notions of constitutional law in the Western world. To this effect, Professor Figueroa identifies the main elements of natural law as originally conceived by its authors, contrasting them with the distortions occurred at the hands of the enlightened philosophes to date. He takes particular aim at the natural rights theories that were popular in the Anglo-American world at the time of the American Revolution, and explains the significant deviations present in their many versions. In Professor Figueroa's view, reason and spirit are two dimensions of the human person that shape all human institutions in a way that is lost when they are artificially separated. In sum, according to Professor Figueroa, debunking erroneous ideologies, in particular errors in natural rights theories, is a necessary first step for the authentic rediscovery and revitalization of the Traditional Natural Law doctrine. In this way, Professor Figueroa concludes, Western constitutional law will re-encounter an appealing, living, and solid intellectual background in its very roots, providing a solid and lasting foundation for Western democracies. This book is a 'tour de force' that should be required reading in every law school and political science department in the country (and beyond): " Robert Barker, Distinguished Professor of Law at the University of Pittsburgh School of Law.