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| Author | : Bertrand de Jouvenel |
| Publisher | : Cambridge University Press |
| Total Pages | : 337 |
| Release | : 2012-01-26 |
| Genre | : Philosophy |
| ISBN | : 1107600170 |
Bertrand de Jouvenel examines the relationship between the distribution of power and the creation of an ethical society.
| Author | : Amnon Lev |
| Publisher | : Routledge |
| Total Pages | : 252 |
| Release | : 2014-03-21 |
| Genre | : Law |
| ISBN | : 1134583400 |
The attitude we take to power is almost invariably one of distrust, never more so than when it claims to be sovereign. And yet, we have always been drawn to sovereignty. Out of fear or fascination, we accepted that it was a condition of our liberty; that to assert ourselves as free, we would have to work not against but through sovereign power. This book retraces the history of the implication of sovereignty and liberty, an implication that has shaped the way we live together, as individuals and as political beings. Shedding new light on the work of key political and constitutional thinkers, including Marsilius of Padua, Hobbes, Hegel, Kelsen, and Schmitt, it identifies the conceptual operations that created sovereignty and shows how subjection to an absolute and undivided power came to be a source of meaning. At the heart of the analysis is the idea that sovereignty made reference to and relied upon a form of faith which aligned man’s political existence on law. Offering new and often controversial insights into the grounds of our attachment to sovereign power and into the crisis that is currently affecting its institutions, this book will appeal to students and scholars of law, politics, history of philosophy, and the social sciences.
| Author | : Randy E. Barnett |
| Publisher | : HarperCollins |
| Total Pages | : 226 |
| Release | : 2016-04-19 |
| Genre | : Political Science |
| ISBN | : 0062412302 |
A concise history of the long struggle between two fundamentally opposing constitutional traditions, from one of the nation’s leading constitutional scholars—a manifesto for renewing our constitutional republic. The Constitution of the United States begins with the words: “We the People.” But from the earliest days of the American republic, there have been two competing notions of “the People,” which lead to two very different visions of the Constitution. Those who view “We the People” collectively think popular sovereignty resides in the people as a group, which leads them to favor a “democratic” constitution that allows the “will of the people” to be expressed by majority rule. In contrast, those who think popular sovereignty resides in the people as individuals contend that a “republican” constitution is needed to secure the pre-existing inalienable rights of “We the People,” each and every one, against abuses by the majority. In Our Republican Constitution, renowned legal scholar Randy E. Barnett tells the fascinating story of how this debate arose shortly after the Revolution, leading to the adoption of a new and innovative “republican” constitution; and how the struggle over slavery led to its completion by a newly formed Republican Party. Yet soon thereafter, progressive academics and activists urged the courts to remake our Republican Constitution into a democratic one by ignoring key passes of its text. Eventually, the courts complied. Drawing from his deep knowledge of constitutional law and history, as well as his experience litigating on behalf of medical marijuana and against Obamacare, Barnett explains why “We the People” would greatly benefit from the renewal of our Republican Constitution, and how this can be accomplished in the courts and the political arena.
| Author | : Sharon R. Krause |
| Publisher | : University of Chicago Press |
| Total Pages | : 260 |
| Release | : 2015-03-13 |
| Genre | : Philosophy |
| ISBN | : 022623472X |
What does it mean to be free? We invoke the word frequently, yet the freedom of countless Americans is compromised by social inequalities that systematically undercut what they are able to do and to become. If we are to remedy these failures of freedom, we must move beyond the common assumption, prevalent in political theory and American public life, that individual agency is best conceived as a kind of personal sovereignty, or as self-determination or control over one’s actions. In Freedom Beyond Sovereignty, Sharon R. Krause shows that individual agency is best conceived as a non-sovereign experience because our ability to act and affect the world depends on how other people interpret and respond to what we do. The intersubjective character of agency makes it vulnerable to the effects of social inequality, but it is never in a strict sense socially determined. The agency of the oppressed sometimes surprises us with its vitality. Only by understanding the deep dynamics of agency as simultaneously non-sovereign and robust can we remediate the failed freedom of those on the losing end of persistent inequalities and grasp the scope of our own responsibility for social change. Freedom Beyond Sovereignty brings the experiences of the oppressed to the center of political theory and the study of freedom. It fundamentally reconstructs liberal individualism and enables us to see human action, personal responsibility, and the meaning of liberty in a totally new light.
| Author | : Michael G. Kammen |
| Publisher | : |
| Total Pages | : 256 |
| Release | : 1988 |
| Genre | : Law |
| ISBN | : |
| Author | : Bruce Clark |
| Publisher | : McGill-Queen's Press - MQUP |
| Total Pages | : 286 |
| Release | : 1990-10-01 |
| Genre | : Law |
| ISBN | : 0773562540 |
The cornerstone of Clark's argument is the 1763 Royal Proclamation which forbade non-natives under British authority to molest or disturb any tribe or tribal territory in British North America. Clark contends that this proclamation had legislative force and that, since imperial law on this matter has never been repealed, the right to self-government continues to exist for Canadian natives.
| Author | : Randy E. Barnett |
| Publisher | : Oxford University Press, USA |
| Total Pages | : 363 |
| Release | : 1998-04-02 |
| Genre | : Political Science |
| ISBN | : 019152204X |
In this provocative and engaging new book, Randy Barnett outlines a powerful and original theory of liberty structured by the liberal conception of justice and the rule of law. Drawing on insights from philosophy, political theory, economics, and law, he shows how this new conception of liberty can confront, and solve, the central societal problems of knowledge, interest, and power. - ;What is liberty, as opposed to license, and why is it so important? When people pursue happiness, peace, and prosperity whilst living in society, they confront pervasive problems of knowledge, interest, and power. These problems are dealt with by ensuring the liberty of the people to pursue their own ends, but addressing these problems also requires that liberty be structured by certain rights and procedures associated with the classical liberal conception of justice and the rule of law. In this controversial new work, Barnett examines the serious social problems that are addressed by liberty and the background or `natural' rights and `rule of law' procedures that distinguish liberty from license. He goes on to outline the constitutional framework that is needed to protect this structure of liberty. This is the only discussion of the liberal conception of justice and the rule of law to draw upon insights from philosophy, economics, political theory, and law to describe comprehensively the vital social functions performed by adherence to these concepts. And, although the book is intended to challenge specialists, its clear and accessible prose ensure that it will be of immense value to both scholars and students working in a range of academic disciplines. -
| Author | : Randy E. Barnett |
| Publisher | : Princeton University Press |
| Total Pages | : 448 |
| Release | : 2013-11-24 |
| Genre | : Law |
| ISBN | : 0691159734 |
The U.S. Constitution found in school textbooks and under glass in Washington is not the one enforced today by the Supreme Court. In Restoring the Lost Constitution, Randy Barnett argues that since the nation's founding, but especially since the 1930s, the courts have been cutting holes in the original Constitution and its amendments to eliminate the parts that protect liberty from the power of government. From the Commerce Clause, to the Necessary and Proper Clause, to the Ninth and Tenth Amendments, to the Privileges or Immunities Clause of the Fourteenth Amendment, the Supreme Court has rendered each of these provisions toothless. In the process, the written Constitution has been lost. Barnett establishes the original meaning of these lost clauses and offers a practical way to restore them to their central role in constraining government: adopting a "presumption of liberty" to give the benefit of the doubt to citizens when laws restrict their rightful exercises of liberty. He also provides a new, realistic and philosophically rigorous theory of constitutional legitimacy that justifies both interpreting the Constitution according to its original meaning and, where that meaning is vague or open-ended, construing it so as to better protect the rights retained by the people. As clearly argued as it is insightful and provocative, Restoring the Lost Constitution forcefully disputes the conventional wisdom, posing a powerful challenge to which others must now respond. This updated edition features an afterword with further reflections on individual popular sovereignty, originalist interpretation, judicial engagement, and the gravitational force that original meaning has exerted on the Supreme Court in several recent cases.
| Author | : Raia Prokhovnik |
| Publisher | : Palgrave Macmillan |
| Total Pages | : 256 |
| Release | : 2004-06-12 |
| Genre | : Political Science |
| ISBN | : 9780333733905 |
In this book, Spinoza's political theory is examined through an analysis of his engagement with the practical politics of his day in the United Provinces. 17th-century Dutch history, political life and political thought, and in particular Dutch republicanism, represent an important context in which to discuss Spinoza's political philosophy. The significance of Spinoza's republicanism is highlighted in a comparison with English political thought and its presuppositions in the 17th century.
| Author | : A.V. Dicey |
| Publisher | : Springer |
| Total Pages | : 729 |
| Release | : 1985-09-30 |
| Genre | : Social Science |
| ISBN | : 134917968X |
A starting point for the study of the English Constitution and comparative constitutional law, The Law of the Constitution elucidates the guiding principles of the modern constitution of England: the legislative sovereignty of Parliament, the rule of law, and the binding force of unwritten conventions.
