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Neglected Policies
DIVOffers a critique of the political goals of legal scholars, seeking to expose the extent to which both jurisprudence and political theory are subject to “an ideology of involvement” that falsely assumes a direct relation between scholarly opin/div
Neglected Policies
In Neglected Policies, Ira L. Strauber challenges scholars and critics of constitutional jurisprudence to think differently about the Constitution and its interpretation. He argues that important aspects of law, policies, and politics are neglected because legal formalisms, philosophical theories, the reasoning of litigators and judges, and even the role of the courts are too often taken for granted. Strauber advocates an alternative approach to thinking about the legal and moral abstractions ordinarily used in constitutional decision making. His approach, which he calls “agnostic skepticism,” interrogates all received jurisprudential notions, abandoning the search for “right answers...
What Should Political Theory Be Now?
Confronted with the alienation of political theory from the practice of politics, prominent theorists respond in this book to the growing question: What should political theory be now? New and original contributions by such thinkers as Charles Anderson, John Gunnell, Terence Ball, Paul Kress, Ira Strauber, and William Connolly analyze the current malaise in the field and offer remedies for it. Each contribution is at once an argument about what is to be done in political theory and an exemplar of how to do it. Spurred by the Shambaugh Conference on Political Theory, this cross-disciplinary effort addresses two major issues: What is the proper stance for theorizing about politics? What are th...
Tradition, Interpretation, and Science
This book reassesses the academic field of political theory and brings into sharp relief its problems and opportunities. Here for the first time, diverse theorists coordinate their arguments through a common focus. This focus is the writing of John G. Gunnell. Gunnell attacks a set of myths said to plague almost every recent theory about politics: the myth of the given, the myth of science, myths of theory, the myth of tradition, and the myth of the political. He argues that these all alienate political theory from substantive inquiry and actual practice. Contributors include Richard E. Flathman, Russell L. Hanson, George Kateb, Paul F. Kress, J. Donald Moon, John S. Nelson, J.G.A. Pocock, H...
Constitutional Politics in a Conservative Era
Aims to bring together the work of leading scholars of Constitutionalism, Constitutional law, and politics in the United States to take stock of the field to chart its progress, and point the way for its future development.
Diversity and Tolerance in Socio-Legal Contexts
Why is there so much resistance to recent issues of tolerance and diversity? Despite efforts of the international community to encourage open-mindedness, recent attempts at international, political and economic integration have shown that religious, cultural and ethnic tolerance and diversity remain under threat. The contributions in the volume reflect the growing importance of these issues and why resistance is so widespread. Part I addresses the relationship between the language of law and its power, whilst Part II explores the interplay of tolerance and diversity under visual, legislative and interpretative perspectives. This collection as a whole offers a combination of varied perspectives on the analysis, application and exploitation of laws and will be a valuable source of information for those interested in the general area of language and the law.
Peopling the Constitution
The U. S. Constitution begins with the soaring words “We the People,” but we, the people, have little to do with the document as most of us have come to know it. When most people think of the constitution they think of it as a legal instrument, the province of judges and lawyers, who alone possess the expertise and knowledge necessary to discern its elusive and complex meaning. This book outlines a very different view of the Constitution as a moral and philosophical statement about who we are as a nation. This “Civic Constitution” constitutes us as a civic body politic, transforming “the people” into a singular political entity. Juxtaposing this view with the legal model, the “...
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Reflections on Life, Death, and the Constitution
The role of law in government has been increasingly scrutinized as courts struggle with controversial topics such as assisted suicide, euthanasia, abortion, capital punishment, and torture. Reflections on Life, Death, and the Constitution explores such issues by using classical standards of morality as a starting point for understanding them. Drawing on works of literature and philosophy, and on U.S. Supreme Court decisions, George Anastaplo examines the intimate relationship between human nature and constitutional law.
