Moral Foundations of Constitutional Thought

Moral Foundations of Constitutional Thought
Author: Graham Walker
Publisher: Princeton University Press
Total Pages: 200
Release: 2014-07-14
Genre: Philosophy
ISBN: 1400861446

Graham Walker boldly recasts the debate over issues like constitutional interpretation and judicial review, and challenges contemporary thinking not only about specifically constitutional questions but also about liberalism, law, justice, and rights. Walker targets the "skeptical" moral nihilism of leading American judges and writers, on both the political left and right, charging that their premises undermine the authority of the Constitution, empty its moral words of any determinate meaning, and make nonsense of ostensibly normative theories. But he is even more worried about those who desire to conduct constitutional government by direct recourse to an authoritative moral truth. Augustine's political ethics, Walker argues, offers a solution--a way to embrace substantive goodness while relativizing its embodiment in politics and law. Walker sees in Augustinian theory an understanding of the rule of law that prevents us from mistaking law for moral truth. Pointing out how the tensions in that theory resonate with the normative ambivalence of America's liberal constitutionalism, he shows that Augustine can provide successful but decidedly nonliberal grounds for the artifices and compromises characteristic of law in a liberal state. Originally published in 1990. The Princeton Legacy Library uses the latest print-on-demand technology to again make available previously out-of-print books from the distinguished backlist of Princeton University Press. These editions preserve the original texts of these important books while presenting them in durable paperback and hardcover editions. The goal of the Princeton Legacy Library is to vastly increase access to the rich scholarly heritage found in the thousands of books published by Princeton University Press since its founding in 1905.

Social Justice

Social Justice
Author: Madison Powers
Publisher: Oxford University Press
Total Pages: 244
Release: 2008-09-25
Genre: Philosophy
ISBN: 0199705194

In bioethics, discussions of justice have tended to focus on questions of fairness in access to health care: is there a right to medical treatment, and how should priorities be set when medical resources are scarce. But health care is only one of many factors that determine the extent to which people live healthy lives, and fairness is not the only consideration in determining whether a health policy is just. In this pathbreaking book, senior bioethicists Powers and Faden confront foundational issues about health and justice.

The Legal Basis for a Moral Constitution

The Legal Basis for a Moral Constitution
Author: Jenna Ellis Esq.
Publisher: WestBow Press
Total Pages: 249
Release: 2015-12-22
Genre: Philosophy
ISBN: 151272274X

America is in the midst of a cultural and constitutional law crisis that began more than sixty years ago and was further exacerbated by the 2015 Supreme Court same-sex marriage decision. How did we become a culture that lacks objective morality and embraces secular ideas, hinging on the majority whim of nine justices? How do we get back to being a biblically moral, upright society and recognizing the U.S. Constitution as supreme law of the land? In The Legal Basis for a Moral Constitution, Jenna Ellis makes a compelling case for the true roots of America’s Founding Documents in objective morality and how our system of government is founded upon the Christian worldview and God’s unchanging law, not a secular humanist worldview. She provides a unique perspective of the Founding Fathers as lawyers and how they understood the legitimate authority of biblical truth and appealed directly to God’s law for the foundation of America. Weaving together the legal history and underpinning worldview shifts in American culture, Ellis advocates how Christians must change the basic reasoning of our appeal and effectively engage our culture. Finally, she proposes the solution to reclaim objective, biblical morality in law that the Founders themselves provided for through Article V of the U.S. Constitution. This book is for every Christian who seeks to understand the times and our constitutional and cultural crisis.

The Moral Foundations of Politics

The Moral Foundations of Politics
Author: Ian Shapiro
Publisher: Yale University Press
Total Pages: 303
Release: 2012-10-30
Genre: Political Science
ISBN: 0300189753

When do governments merit our allegiance, and when should they be denied it? Ian Shapiro explores this most enduring of political dilemmas in this innovative and engaging book. Building on his highly popular Yale courses, Professor Shapiro evaluates the main contending accounts of the sources of political legitimacy. Starting with theorists of the Enlightenment, he examines the arguments put forward by utilitarians, Marxists, and theorists of the social contract. Next he turns to the anti-Enlightenment tradition that stretches from Edmund Burke to contemporary post-modernists. In the last part of the book Shapiro examines partisans and critics of democracy from Plato’s time until our own. He concludes with an assessment of democracy’s strengths and limitations as the font of political legitimacy. The book offers a lucid and accessible introduction to urgent ongoing conversations about the sources of political allegiance.

The Moral Foundation of Democracy

The Moral Foundation of Democracy
Author: John H. Hallowell
Publisher: Amagi Books
Total Pages: 0
Release: 2007
Genre: Law
ISBN: 9780865976696

Hallowell makes a significant argument in favour of the importance of moral values in the orderly functioning of modern democracies. Hallowell begins with a survey of the role that classical liberalism and faith in man as a reasonable, moral, and spiritual actor played in the emergence of democratic self-government. He sharply criticises positivist thought and moral relativism as direct challenges to the notion that transcendent truths guide individuals in their actions and influence how people participate in a democratic society. Hallowell reminds us that at its core, a well-functioning democracy must be based on a fundamental respect for the dignity of the individual.

The Metaethics of Constitutional Adjudication

The Metaethics of Constitutional Adjudication
Author: Boško Tripković
Publisher: Oxford University Press
Total Pages: 273
Release: 2017
Genre: Law
ISBN: 0198808089

Food, water, health, housing, and education are fundamental to human freedom and dignity, yet only recently have legal systems begun to secure these fundamental individual interests as rights. This book analyses the transformation of socio-economic rights into constitutional rights, and their impact on public law and constitutional theory.

The Legal Foundations of Inequality

The Legal Foundations of Inequality
Author: Roberto Gargarella
Publisher: Cambridge University Press
Total Pages: 287
Release: 2010-04-12
Genre: Political Science
ISBN: 1139485989

The long revolutionary movements that gave birth to constitutional democracies in the Americas were founded on egalitarian constitutional ideals. They claimed that all men were created equal with similar capacities and also that the community should become self-governing. Following the first constitutional debates that took place in the region, these promising egalitarian claims, which gave legitimacy to the revolutions, soon fell out of favor. Advocates of a conservative order challenged both ideals and favored constitutions that established religion and created an exclusionary political structure. Liberals proposed constitutions that protected individual autonomy and rights but established severe restrictions on the principle of majority rule. Radicals favored an openly majoritarian constitutional organization that, according to many, directly threatened the protection of individual rights. This book examines the influence of these opposite views during the 'founding period' of constitutionalism in countries including the United States, Argentina, Colombia, Chile, Ecuador, Mexico, Peru, and Venezuela.

The Pivotal Generation

The Pivotal Generation
Author: Henry Shue
Publisher: Princeton University Press
Total Pages: 202
Release: 2022-01-11
Genre: Philosophy
ISBN: 0691226245

"We all recognize that climate change is a supremely important issue of our time, which requires both trans-national and trans-generational collaboration and shared responsibility. What we haven't yet fully appreciated, argues political philosopher Henry Shue, are the ethical considerations surrounding the fact that the next one or two decades will determine whether climate change, which already has led us to dangerous effects, will surge into inescapably disastrous effects. The people alive today thus represent a pivotal generation in human history. For the past two centuries humans have undermined our climate at an increasing rate, in ways that the present generations are the first to fully understand, and the last to be able to reverse. But our responsibility for decisive and immediate action rests on three special features of the relation of our present to the future, that many have failed to realize (1) future generations face dangers greater than ours even if we act robustly, (2) the worsening dangers for future generations are currently without limit, and (3) a less robust effort by us is likely to allow climate change to pass critical tipping points for severely worse and potentially unavoidable future dangers. Shue, a renowned scholar of ethics, politics and international relations who has been studying the ethics of climate change for the last two decades, guides us through what our ethical responsibilities to others are, both across the world but especially over time, and what those commitments require us to do in addressing the climate change crisis, now and forcefully"--

Dred Scott and the Problem of Constitutional Evil

Dred Scott and the Problem of Constitutional Evil
Author: Mark A. Graber
Publisher: Cambridge University Press
Total Pages: 300
Release: 2006-07-03
Genre: History
ISBN: 9781139457071

Dred Scott and the Problem of Constitutional Evil , first published in 2006, concerns what is entailed by pledging allegiance to a constitutional text and tradition saturated with concessions to evil. The Constitution of the United States was originally understood as an effort to mediate controversies between persons who disputed fundamental values, and did not offer a vision of the good society. In order to form a 'more perfect union' with slaveholders, late-eighteenth-century citizens fashioned a constitution that plainly compelled some injustices and was silent or ambiguous on other questions of fundamental right. This constitutional relationship could survive only as long as a bisectional consensus was required to resolve all constitutional questions not settled in 1787. Dred Scott challenges persons committed to human freedom to determine whether antislavery northerners should have provided more accommodations for slavery than were constitutionally strictly necessary or risked the enormous destruction of life and property that preceded Lincoln's new birth of freedom.