Constitutional Ethos

Author: Alexander Tsesis
Publisher: Oxford University Press
ISBN: 9780199359844
Release Date: 2017-03-27
Genre: Constitutional law

Judges, courts, and scholars in the United States agree that the Constitution is the supreme law of the land, but there is much disagreement about its meaning. So what seems to be incontestable truth is riddled with disagreements about every day questions of decision making on matter such as whether people are entitled to government created programs, what rights are fundamental, the criteria for voting, the three branches of governments' several responsibilities, and even who should have the final say in defining the Constitution's meaning. Constitutional Ethos is a groundbreaking investigation into the fundamental principles of constitutional principle, meaning, and interpretation. It explores the core purposes of American representative democracy in light of historical sources, recent precedents, and contemporary debates. Alexander Tsesis argues that a central norm of U.S. law can be derived from the Declaration of Independence and Preamble. This book develops a theory of constitutional law structured on the public duty to protect individual rights for the general welfare. The maxim of constitutional governance synthesizes the protection of individual and public rights. The ideal is neither solely theoretical nor customary but tied to a firm foundation that the people then build upon by lobbying elected officials and petitioning appointed judges. Representative government has an interlinked obligation to the individual and the general welfare. This paradigm for responsible governance sets the baseline against which citizens can hold policy makers accountable to the structural and normative commitments of the Constitution. A pluralistic system must respect human dignity and govern for the betterment of the body politic. Those mandates set the terms for exercising legitimate power at the federal, state, and local levels to protect individual rights to achieve the common good of civil society. Tsesis demonstrates that ethos is binding on the conduct of all three branches of government and their officeholders. His argument challenges the more common U.S. perspective among academics and judges, who typically discount the existence of any objective constitutional value, regarding the document as a construct of social norms. To the contrary, Tsesis shows that the people established the terms of the nation's founding documents to protect universal, unalienable rights. The structure of government provides the mechanisms of those in a pluralistic state to set reasonable limitations for the betterment of society as a whole. Understanding the Constitution's special place in American legal culture is essential for resolving a host of contemporary issues; including, those involving marital, gender, and voting equalities. The state is a means of optimizing the well-being of individuals. Human productivity can best flourish in a society of equals, where talents can be brought to bear in the betterment of self and other members of the community. The Constitution does not create rights but protects those universal ideals of representative democracy first set out in the Declaration of Independence. It further grants authority to political institutions for the enforcement of policies and concrete laws for the betterment of society or some relevant segment of it. Many scholars with leanings in legal realism and process theory believe the authority of government is a social construct created by popular majorities; Tsesis convincingly demonstrates, to the contrary, that even those laws enacted by popular majorities are not authoritative unless they accord with a central maxim of constitutionalism, which is the protection of individual rights for the common good.

The Common Good of Constitutional Democracy

Author: Martin Rhonheimer
Publisher: CUA Press
ISBN: 9780813220093
Release Date: 2013-01-11
Genre: Philosophy

The Common Good of Constitutional Democracy offers a rich collection of essays in political philosophy by Swiss philosopher Martin Rhonheimer. Like his other books in both ethical theory and applied ethics, which have recently been published in English, the essays included are distinguished by the philosophical rigor and meticulous attention to the primary and secondary literature of the various topics discussed

Steady Air

Author: Orla Halpenny
Publisher: Cambridge Scholars Publishing
ISBN: 9781443844468
Release Date: 2012-12-19
Genre: Religion

Can Catholics in Ireland influence the direction of the liberal democratic process, or must they simply fume against it? In this collection of essays, a philosopher, a GP, an academic, a politician and a geriatrician examine the case for active involvement of Catholics in Irish civil society through their professional work.

Realist Strategies of Republican Peace

Author: Vibeke Schou Tjalve
Publisher: Palgrave Macmillan
ISBN: 0230602177
Release Date: 2008-03-15
Genre: Political Science

This book's central claim is that although Niebuhr and Morgenthau were critics of what they referred to as utopian thought, the core of their criticism constituted an attack on the inability of utopianism to produce politically stimulating and democratically mobilizing utopias. In their minds utopianism was rhetorically barren and imaginatively sterile as a political narrative, the inability of which to move and dedicate its citizenry ultimately led to conformity and homogeneity. Arguing that the same sterility is present in current visions of democracy--traditional as well as radical--the book seeks to render Niebuhr and Morgenthau's attempt at re-opening the democratic imagination relevant for contemporary purposes as well.

The new American democracy

Author: Morris P. Fiorina
Publisher: Allyn & Bacon
ISBN: 0205292917
Release Date: 1999-06
Genre: Political Science

With an emphasis on elections and their importance in our political system, Morris Fiorina and Paul Peterson' s groundbreaking text offers a stimulating, analytical approach to American government that engages students as it gives them a unique understanding of their political system as it exists and functions today.

Legal Philosophy

Author: Patricia Smith
Publisher: Franz Steiner Verlag Wiesbaden GmbH
ISBN: STANFORD:36105063289008
Release Date: 2002
Genre: Social Science

Contents E. Barbarosch: Moral Scepticism and the Critical Positivistic Theory of Law G. Pavlakos: On the Normative Groundwork of Discourse-Ethics O. A. Payrow Shabani: Law and Legitimacy in Habermas' Discourse Ethics M. Elosegui: Intercultural Republicanism D. V. Poochigian: Liability as a Principle of General and Special Ethics H. Kaptein: Reconciliation of Retribution and Reparation T. Metz: Realism and the Censure Theory of Punishment S. Morimura: Libertarian Theories of Punishment R. Wiener: Duty of Disclosure in Business Su-Po Kao: On the Relevance of the Ideas of Legal Authority and Market Exchange. (Franz Steiner 2002)

Towards Good Governance

Author:
Publisher:
ISBN: UOM:39015043190902
Release Date: 1999-01-01
Genre: India

Contributed articles and published articles from the special issue of Indian journal of public administration, vol. 44, no. 3..

Piero Gobetti and the Politics of Liberal Revolution

Author: James Martin
Publisher: Palgrave Macmillan
ISBN: 0230602746
Release Date: 2008-11-15
Genre: Political Science

Piero Gobetti was an astonishing figure. A radical liberal and fierce critic of Italian politics in the years after World War I, he was fascinated by the workers' struggles in his native Turin and by Gramsci's vision of a factory-based democracy. Gobetti proposed liberalism as an emancipatory theory grounded in social conflicts. "Revolutionary liberalism," as he called it, guided his opposition to Fascism and, following his untimely death at twenty-five, inspired key figures in the Italian Resistance. Accessible but critical, this volume is the first English-language study of Gobetti's political ideas and offers a balanced assessment of his enduring significance.

Legislating Liberty

Author: Frank Brennan
Publisher:
ISBN: UVA:X006020372
Release Date: 1998
Genre: History

Based on his observations in Washington and written in the popular style of One Land, One Nation and Sharing the Country, Brennan opens the discourse on the appropriateness of a Bill of Rights for Australia.

The New Deal and Its Legacy

Author: Robert Eden
Publisher: Praeger Pub Text
ISBN: UOM:39015015171435
Release Date: 1989
Genre: History

The New Deal remains at the center of the national debate concerning the role and function of government--a controversy that reflects increasingly deep divisions within the American body politic. Placing contemporary political issues in a broad, constructive framework, this book provides new perspectives on a pivotal episode in modern American history and gives us a deeper understanding of the political, economic, and constitutional challenges we currently face.

Gender Culture and Human Rights

Author: Siobhán Mullally
Publisher: Hart Pub
ISBN: 1841135135
Release Date: 2006
Genre: Law

In recent years, feminist theory has increasingly defined itself in opposition to universalism and to discourses of human rights. Rejecting the troubled legacies of Enlightenment thinking, feminists have questioned the very premises upon which the international human rights movement is based. Rather than abandoning human rights discourse, however, this book argues that feminism should reclaim the universal and reconstruct the theory and practice of human rights. Discourse ethics and its post-metaphysical defence of universalism is offered as a key to this process of reconstruction. The implications of discourse ethics and the possibility of reclaiming universalism are explored in the context of the reservations debate in international human rights law and further examined in debates on women's human rights arising in Ireland, India and Pakistan. Each of these states shares a common constitutional heritage and, in each, religious-cultural claims, intertwined with processes of nation-building, have constrained the pursuit of gender equality. Ultimately, this book argues in favour of a dual-track approach to cultural conflicts, combining legal regulation with an ongoing moral-political dialogue on the scope and content of human rights.

Education Globalization and Social Change

Author: Hugh Lauder
Publisher: Oxford University Press, USA
ISBN: 0199272530
Release Date: 2006
Genre: Education

Education is seen as central to economic competitiveness, the reduction of poverty and inequality, and environmental sustainability. The editors have selected key writings that examine the social and economic limits- and possibilities of-education in addressing these fundamental problems. This new reader establishes the field of sociology of education with a particular focus on papers that analyse the nature and extent of globalization in education. A general introduction presents the keyconcepts in the sociology of education, and outlines the major theories and debates, especially in relation to globalization. Each section is accompanied by a part opener explaining and contextualizing the readings within a larger educational and sociological context.