Author: Richard A. Brisbin
Publisher: JHU Press
Release Date: 1998-09-01
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.
Author: Ronald Dworkin
Publisher: Harvard University Press
Release Date: 1996
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.
Author: Robert H. Bork
Publisher: Simon and Schuster
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.
Author: Richard Kent Sherlock
Publisher: Rowman & Littlefield
Release Date: 1995-01-01
In what sense is the U.S. Constitution binding on contemporary and future generations of Americans? This question was at stake in the fights over the nominations of Robert Bork and Clarence Thomas to the Supreme Court and in the extensive debate over 'original intent' carried on by Attorney General Edwin Meese and Chief Justice William Rehnquist, among others. This collection brings together ten leading philosophers, legal scholars, and political scientists representing a spectrum of opinions.
Author: Joachim Jens Hesse
Publisher: Oxford University Press on Demand
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.
Author: Sotirios A. Barber
Release Date: 1993
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.
Author: James A. Dorn
Publisher: George Mason Univ Pr
Release Date: 1988-02-01
The articles in this volume present various aspects of what the editors term a "principled judicial activism" whose proponents view the constitution not mainly as blueprint for majoritarian democracy but as a charter for limited government and individual rights.