Common Sense Catholicism

Author: William Donohue
Publisher: Ignatius Press
ISBN: 9781642290660
Release Date: 2019-04-12
Genre: Religion

This work analyzes how the three key elements of a democratic society—freedom, equality, and fraternity—have been misconstrued by intellectuals and policy makers who do not respect the limitations of the human condition. Their lack of common sense has resulted in social and cultural problems rather than solutions to them. By contrast, the social teachings of the Catholic Church mesh nicely with the demands of human nature, and as such they offer the right remedy to our cultural crisis. Freedom defined as radical individualism has eclipsed the understanding that real rights are tethered to responsibilities. Equality defined as radical egalitarianism yields little in the way of equality and much in the way of state-sponsored social discord. And fraternity without the foundation of familial bonds and religious communities leaves people isolated and disoriented. Catholic teaching offers much wisdom to remedy our insufficient understanding of the elements needed for a free and flourishing society. Its common sense is greatly needed to help modern Americans rediscover the true meaning of their highest ideals.

Justice Antonin Scalia and the Conservative Revival

Author: Richard A. Brisbin
Publisher: JHU Press
ISBN: 0801860946
Release Date: 1998-09-01
Genre: Law

As the leading legal voice of the American conservative movement, Supreme Court Justice Antonin Scalia has challenged the assumptions and legal methodology of American liberals. In this thorough and exacting study of the development of Justice Scalia's legal principles, Richard Brisbin explores the foundation and elaboration of the justice's conservative political vision. After reviewing Scalia's legal experiences before joining the Supreme Court and describing the influences on his political and legal thought, Brisbin undertakes a detailed analysis of Scalia's Supreme Court voting record and opinions. The conservative philosophy emerging from Scalia's legal decisions, Brisbin argues, assumes the legitimacy and propriety of political regimes functioning under the rule of law. It disciplines—sometimes harshly—inappropriate uses of liberty and accepts the proposition that the law can serve as an effective means to structure, interpret, and control political conflicts. The most comprehensive study of Justice Scalia's politics and jurisprudence yet published, Justice Antonin Scalia and the Conservative Revival joins a vital discussion on contemporary American conservatism and the use of the law to restrain or undermine the New Deal state.

An American Vision

Author: Edward H. Crane
Publisher: Cato Institute
ISBN: 0932790739
Release Date: 1989-01-01
Genre: United States

Freedom s Law

Author: Ronald Dworkin
Publisher: Harvard University Press
ISBN: 0674319281
Release Date: 1996
Genre: History

Ronald Dworkin argues that Americans have been systematically misled about what their Constitution is and how judges interpret it. In spirited and illuminating discussions of both recent constitutional cases and general constitutional principles, he argues that a distinctly American version of government based on the "moral" reading of the Constitution is in fact the best account of what democracy really is.

The Tempting of America

Author: Robert H. Bork
Publisher: Simon and Schuster
ISBN: 1439188866
Release Date: 2009-11-24
Genre: Political Science

Judge Bork shares a personal account of the Senate Judiciary Committee's hearing on his nomination as well as his view on politics versus the law. In The Tempting of America, one of our most distinguished legal minds offers a brilliant argument for the wisdom and necessity of interpreting the Constitution according to the “original understanding” of the Framers and the people for whom it was written. Widely hailed as the most important critique of the nation’s intellectual climate since The Closing of the American Mind, The Tempting of America illuminates the history of the Supreme Court and the underlying meaning of constitutional controversy. Essential to understanding the relationship between values and the law, it concludes with a personal account of Judge Bork’s chillingly emblematic experiences during the Senate Judiciary Committee’s hearing on his Supreme Court nomination.

Constitutional Policy and Change in Europe

Author: Joachim Jens Hesse
Publisher: Oxford University Press on Demand
ISBN: UOM:39015034438500
Release Date: 1995
Genre: Political Science

During recent years, constitutional issues have claimed increasing attention in many European countries. The social and political transformations in Central and Eastern Europe have thrust constitutional debates to the fore. This book looks at the needs and claims of constitutional adaptation and reconstruction in contemporary Europe. The different tasks facing Western, and East and Central Europe are considered in some detail. In Western Europe, constitutional debate has assumed greater prominence on account of closer economic and political integration within the European Community and internal changes within particular countries. In the East, far-reaching constitutional reconstruction has been an imperative, a task which has had to be tackled in the difficult and uncertain conditions of radical social and economic transformation. Finally, issues of political theory presented by the notion of liberal constitutionalism itself are also addressed and the book throws some light on the direction of future change. The purpose of the Nuffield European Studies series is to provide, for students and teachers in the social sciences and related disciplines, works of an interdisciplinary and comparative nature dealing with significant political, economic, legal, and social problems confronting European nation-states and the European Community. It comprises research monographs as well as the edited proceedings of conferences organized by the Centre for European Studies at Nuffield College, Oxford.

The Constitution of Judicial Power

Author: Sotirios A. Barber
ISBN: UOM:39015026804511
Release Date: 1993
Genre: Law

Barber shows that New Right theorists, such as Bork, and establishment liberals, such as Ronald Dworkin, are moral relativists who cannot escape conclusions ("might makes right," for example) that could destroy constitutionalism in America. The best hope for American freedoms, Barber argues, is to revive classical constitutionalism - and he explains how new movements in philosophy today allow the Court's friends to do just that. Written in a lively and engaging style.

The Canon of American Legal Thought

Author: David Kennedy
ISBN: UOM:39015066835466
Release Date: 2006
Genre: Law

This anthology presents full texts of the twenty most important works of American legal thought since 1890, and traces the rise and evolution of a distinctly American form of legal reasoning.