Social Justice And The Constitution
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| Author | : Thomas Christiano |
| Publisher | : OUP Oxford |
| Total Pages | : 320 |
| Release | : 2010-06-10 |
| Genre | : Political Science |
| ISBN | : 0191613916 |
What is the ethical basis of democracy? And what reasons do we have to go along with democratic decisions even when we disagree with them? And when do we have reason to say that we may justly ignore democratic decisions? These questions must be answered if we are to have answers to some of the most important questions facing our global community, which include whether there is a human right to democracy and whether we must attempt to spread democracy throughout the globe. This book provides a philosophical account of the moral foundations of democracy and of liberalism. It shows how democracy and basic liberal rights are grounded in the principle of public equality, which tells us that in the establishment of law and policy we must treat persons as equals in ways they can see are treating them as equals. The principle of public equality is shown to be the fundamental principle of social justice. This account enables us to understand the nature and roles of adversarial politics and public deliberation in political life. It gives an account of the grounds of the authority of democracy. It also shows when the authority of democracy runs out. The author shows how the violations of democratic and liberal rights are beyond the legitimate authority of democracy, how the creation of persistent minorities in a democratic society, and the failure to ensure a basic minimum for all persons weaken the legitimate authority of democracy.
| Author | : Antonio Rosmini |
| Publisher | : Lexington Books |
| Total Pages | : 248 |
| Release | : 2007 |
| Genre | : Law |
| ISBN | : 9780739107256 |
Antonio Rosmini-Serbati (1797D1855) was one of the first natural law scholars to bring natural law thinking into a conversation with the market economic order that was beginning to emerge in Europe in the 19th century. His reflections on matters such as the origin, nature, and limits of private property, the role of the state, and the nature of human reason show him to be a unique, innovative thinker who nonetheless was determined to work within the parameters of Catholic doctrine. Many of these ideas are concretized in his seminal work The Constitution Under Social Justice, a text that has profound instights to offer those today seeking to integrate theology, philosophy, and economics into their conceptions of a social order that aspires to be both free and just.
| Author | : Rachael Walsh |
| Publisher | : Cambridge University Press |
| Total Pages | : 321 |
| Release | : 2021-06-10 |
| Genre | : Law |
| ISBN | : 110842693X |
Analyses the mediation of property rights and social justice through the prism of 'progressive' constitutional property rights guarantees.
| 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.
| Author | : Albert Ruben |
| Publisher | : NYU Press |
| Total Pages | : 202 |
| Release | : 2011-05 |
| Genre | : Law |
| ISBN | : 1583672389 |
There is hardly a struggle aimed at upholding and extending therights embedded in the U.S. Constitution in which the Centerfor Constitutional Rights (CCR) has not played a central role,and yet few people have ever heard of it. Whether defendingthe rights of black people in the South, opponents of the war inVietnam and victims of torture worldwide, or fighting illegalactions of the U.S. government, the CCR has stood ready totake on all comers, regardless of their power and wealth. Whenthe United States declared that the Constitution did not applyto detainees at Guantanamo, the CCR waded fearlessly intobattle, its Legal Director declaring, “My job is to defend theConstitution from its enemies. Its main enemies right now arethe Justice Department and the White House.” In this first-ever comprehensive history of one of the most important legal organizations in the United States, the Center forConstitutional Rights, Albert Ruben shows us exactly what itmeans to defend the Constitution. He examines the innovativetactics of the CCR, the ways in which a radical organization isbuilt and nurtured, and the impact that the CCR has had onour very conception of the law. This book is a must-read notonly for lawyers, but for all the rest of us who may one day findour rights in jeopardy.
| Author | : John F. Kowal |
| Publisher | : The New Press |
| Total Pages | : 493 |
| Release | : 2021-09-21 |
| Genre | : Law |
| ISBN | : 1620975629 |
The 233-year story of how the American people have taken an imperfect constitution—the product of compromises and an artifact of its time—and made it more democratic Who wrote the Constitution? That’s obvious, we think: fifty-five men in Philadelphia in 1787. But much of the Constitution was actually written later, in a series of twenty-seven amendments enacted over the course of two centuries. The real history of the Constitution is the astonishing story of how subsequent generations have reshaped our founding document amid some of the most colorful, contested, and controversial battles in American political life. It’s a story of how We the People have improved our government’s structure and expanded the scope of our democracy during eras of transformational social change. The People’s Constitution is an elegant, sobering, and masterly account of the evolution of American democracy. From the addition of the Bill of Rights, a promise made to save the Constitution from near certain defeat, to the post–Civil War battle over the Fourteenth Amendment, from the rise and fall of the “noble experiment” of Prohibition to the defeat and resurgence of an Equal Rights Amendment a century in the making, The People’s Constitution is the first book of its kind: a vital guide to America’s national charter, and an alternative history of the continuing struggle to realize the Framers’ promise of a more perfect union.
| Author | : Cécile Fabre |
| Publisher | : Oxford University Press |
| Total Pages | : 215 |
| Release | : 2000 |
| Genre | : Language Arts & Disciplines |
| ISBN | : 0198296754 |
The desirability, or lack thereof, of bills of rights has been the focus of some of the most enduring political debates over the last two centuries. Unlike civil and political rights, social rights to the meeting of needs, standardly rights to adequate minimum income, education, housing, andhealth care are not usually given constitutional protection. This book argues that social rights should be constitutionalized and protected by the courts, and examines when such constitutionalization conflicts with democracy. It is thus located at the crossroads of two major issues of contemporarypolitical philosophy, to wit, the issue of democracy and the issue of distributie justice. Interestingly and surprisingly enough, philosophers who engage in penetrating discussions on distributive justice do not usually reflect on the implications of their argument for democracy; they are met withequal indifference on the part of theorists of democracy. This book stems from the perception that there may be conflicts between the demands of democracy and the demands of distributive justice, both of which are crucially important, and from the resulting recognition that the question of therelationship between these two values cannot be ignored.
| Author | : Jamal Greene |
| Publisher | : Houghton Mifflin |
| Total Pages | : 341 |
| Release | : 2021 |
| Genre | : Law |
| ISBN | : 1328518116 |
An eminent constitutional scholar reveals how our approach to rights is dividing America, and shows how we can build a better system of justice.
| Author | : George P. Fletcher |
| Publisher | : Oxford University Press |
| Total Pages | : 308 |
| Release | : 2003-01-16 |
| Genre | : Political Science |
| ISBN | : 9780198032434 |
Americans hate and distrust their government. At the same time, Americans love and trust their government. These contradictory attitudes are resolved by Fletcher's novel interpretation of constitutional history. He argues that we have two constitutions--still living side by side--one that caters to freedom and fear, the other that satisfied our needs for security and social justice. The first constitution came into force in 1789. It stresses freedom, voluntary association, and republican elitism. The second constitution begins with the Gettysburg Address and emphasizes equality, organic nationhood, and popular democracy. These radical differences between our two constitutions explain our ambivalence and self-contradictory attitudes toward government. With September 11 the second constitution--which Fletcher calls the Secret Constitution--has become ascendant. When America is under threat, the nation cultivates its solidarity. It overcomes its fear and looks to government for protection and the pursuit of social justice. Lincoln's messages of a strong government and a nation that must "long endure" have never been more relevant to American politics. "Fletcher's argument has intriguing implications beyond the sweeping subject of this profoundly thought-provoking book."--The Denver Post
| Author | : Katharine G. Young |
| Publisher | : Cambridge University Press |
| Total Pages | : 711 |
| Release | : 2019-04-11 |
| Genre | : Law |
| ISBN | : 1108418139 |
Captures significant transformations in the theory and practice of economic and social rights in constitutional and human rights law.
