Natural Law And The Antislavery Constitutional Tradition
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Author | : Justin Buckley Dyer |
Publisher | : Cambridge University Press |
Total Pages | : |
Release | : 2012-02-13 |
Genre | : Political Science |
ISBN | : 1139505157 |
In Natural Law and the Antislavery Constitutional Tradition, Justin Buckley Dyer provides a succinct account of the development of American antislavery constitutionalism in the years preceding the Civil War. Within the context of recent revisionist scholarship, Dyer argues that the theoretical foundations of American constitutionalism - which he identifies with principles of natural law - were antagonistic to slavery. Still, the continued existence of slavery in the nineteenth century created a tension between practice and principle. In a series of case studies, Dyer reconstructs the constitutional arguments of prominent antislavery thinkers such as John Quincy Adams, John McLean, Abraham Lincoln and Frederick Douglass, who collectively sought to overcome the legacy of slavery by emphasizing the natural law foundations of American constitutionalism. What emerges is a convoluted understanding of American constitutional development that challenges traditional narratives of linear progress while highlighting the centrality of natural law to America's greatest constitutional crisis.
Author | : Justin Buckley Dyer |
Publisher | : |
Total Pages | : 444 |
Release | : 2009 |
Genre | : |
ISBN | : |
Public actors associated with the tradition of American antislavery constitutionalism in the nineteenth-century insisted that the Constitution of 1787 contained certain inbuilt purposes or animating principles, which ought to have aided constitutional interpreters in construing specific provisions of the constitutional text that related, directly or indirectly, to the law and politics of slavery in the United States. The Constitution of 1787 recognized the existence of slavery in the several states, yet antislavery constitutionalists interpreted even the slavery-related clauses as aspiring toward a certain liberal constitutional vision that was not yet a reality. In this dissertation, I argue, first, that these nineteenth-century interpretations of the Constitution in antislavery terms were intricately bound up with theories of natural law, and, second, I suggest that this aspect of the antislavery constitutional tradition offers a strong interpretive challenge (both descriptive and normative) to various aspects of the current scholarly literature on constitutional development and constitutional theory.
Author | : Justin Buckley Dyer |
Publisher | : Cambridge University Press |
Total Pages | : 173 |
Release | : 2016-08-08 |
Genre | : Law |
ISBN | : 1107108241 |
This book shows how Lewis was interested in the truths and falsehoods about human nature and how these conceptions manifest themselves in the public square.
Author | : Justin Buckley Dyer |
Publisher | : Cambridge University Press |
Total Pages | : 209 |
Release | : 2012-02-13 |
Genre | : History |
ISBN | : 1107013631 |
Natural Law and the Antislavery Constitutional Tradition is a succinct account of the development of American antislavery constitutionalism in the years preceding the Civil War. In a series of case studies, Dyer reconstructs the arguments of prominent antislavery thinkers such as John Quincy Adams, John McLean, Abraham Lincoln, and Frederick Douglass. What emerges is a convoluted understanding of American constitutional development that emphasizes the centrality of natural law to America's greatest constitutional crisis.
Author | : Justin Buckley Dyer |
Publisher | : Cambridge University Press |
Total Pages | : 207 |
Release | : 2013-06-28 |
Genre | : Law |
ISBN | : 110703194X |
Justin Buckley Dyer provides the first book-length scholarly treatment of the parallels between slavery and abortion in American constitutional development.
Author | : William M. Wiecek |
Publisher | : Cornell University Press |
Total Pages | : 309 |
Release | : 2018-03-15 |
Genre | : History |
ISBN | : 1501726455 |
This ambitious book examines the constitutional and legal doctrines of the antislavery movement from the eve of the American Revolution to the Wilmot Proviso and the 1848 national elections. Relating political activity to constitutional thought, William M. Wiecek surveys the antislavery societies, the ideas of their individual members, and the actions of those opposed to slavery and its expansion into the territories. He shows that the idea of constitutionalism has popular origins and was not the exclusive creation of a caste of lawyers. In offering a sophisticated examination of both sides of the argument about slavery, he not only discusses court cases and statutes, but also considers a broad range of "extrajudicial" thought—political speeches and pamphlets, legislative debates and arguments.
Author | : Lysander Spooner |
Publisher | : |
Total Pages | : 308 |
Release | : 1853 |
Genre | : Constitutions |
ISBN | : |
Author | : Robert M. Cover |
Publisher | : Yale University Press |
Total Pages | : 340 |
Release | : 1975-01-01 |
Genre | : Law |
ISBN | : 9780300032529 |
What should a judge do when he must hand down a ruling based on a law that he considers unjust or oppressive? This question is examined through a series of problems concerning unjust law that arose with respect to slavery in nineteenth-century America. "Cover's book is splendid in many ways. His legal history and legal philosophy are both first class. . . . This is, for a change, an interdisciplinary work that is a credit to both disciplines."--Ronald Dworkin, Times Literary Supplement "Scholars should be grateful to Cover for his often brilliant illumination of tensions created in judges by changing eighteenth- and nineteenth-century jurisprudential attitudes and legal standards. . . An exciting adventure in interdisciplinary history."--Harold M. Hyman, American Historical Review "A most articulate, sophisticated, and learned defense of legal formalism. . . Deserves and needs to be widely read."--Don Roper, Journal of American History "An excellent illustration of the way in which a burning moral issue relates to the American judicial process. The book thus has both historical value and a very immediate importance."--Edwards A. Stettner, Annals of the American Academy of Political and Social Science "A really fine book, an important contribution to law and to history."--Louis H. Pollak
Author | : Daniel S. Malachuk |
Publisher | : University Press of Kansas |
Total Pages | : 312 |
Release | : 2016-10-07 |
Genre | : Political Science |
ISBN | : 0700623027 |
Since the late eighteenth century the ideals of political democracy and individual flourishing have become so entangled that most people no longer differentiate them. The American Transcendentalists did. Two Cities is the first comprehensive account of the original but still underrated political thought of this movement, especially that of its three major authors: Ralph Waldo Emerson, Margaret Fuller, and Henry David Thoreau. For decades, Daniel S. Malachuk contends, readers have misinterpreted the Transcendentalists as worshipping democracy and secularizing personhood. Two Cities proves the opposite. Focusing on their major writings, Malachuk presents the Transcendentalists as wresting apart and thus clarifying democracy as a profane project and individuality as a sacred one. Building upon this basic insight, the book affirms many recent but discrete conclusions about the movement’s various contributions (especially to liberalism, environmentalism, and public religion) and shows that we will understand how these commitments hang together only when we “re-transcendentalize the Transcendentalists.” In five useful chapters—on the two-cities tradition within the history of liberalism, on the rival and subsequently dominant “overlap” theories of Lincoln and others, and on the unique contributions to two-cities thought by each of the major authors—Two Cities reintroduces readers to the Transcendentalists as among the most original and important contributors to American political thought.
Author | : Stuart Banner |
Publisher | : Oxford University Press |
Total Pages | : 265 |
Release | : 2021 |
Genre | : Common law |
ISBN | : 0197556493 |
The law of nature -- The common law -- The adoption of written constitutions -- The separation of law and religion -- The explosion in law publishing -- The two-sidedness of natural law -- The decline of natural law and custom --Substitutes for natural law -- Echoes of natural law.