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Problems of constitutional interpretation have many faces, but much of the contemporary discussion has focused on what has come to be called "originalism." The core of originalism is the belief that fidelity to the original understanding of the Constitution should constrain contemporary judges. As originalist thinking has evolved, it has become clear that there is a family of originalist theories, some emphasizing the intent of the framers, while others focus on the original public meaning of the constitutional text. This idea has enjoyed a modern resurgence, in good part in reaction to the assumption of more sweeping power by the judiciary, operating in the name of constitutional interpreta...
This book is the first authoritative text on virtue jurisprudence - the belief that the final end of law is not to maximize preference satisfaction or protect certain rights and privileges, but to promote human flourishing. Scholars of law, philosophy and politics illustrate here the value of the virtue ethics tradition to modern legal theory.
Legitimacy and judicial authority -- Constitutional meaning : original public meaning -- Constitutional meaning : varieties of history that matter -- Law in the Supreme Court : jurisprudential foundations -- Constitutional constraints -- Constitutional theory and its relation to constitutional practice -- Sociological, legal, and moral legitimacy : today and tomorrow
Originalism is a force to be reckoned with in constitutional interpretation. At one time a monolithic theory of constitutional interpretation, contemporary originalism has developed into a sophisticated family of theories about how to interpret and reason with a constitution. Contemporary originalists harness the resources of linguistic, moral, and political philosophy to propose methodologies for the interpretation of constitutional texts and provide reasons for fidelity to those texts. The essays in this volume, which includes contributions from the flag bearers of several competing schools of constitutional interpretation, provides an introduction to the development of originalist thought, showcases the great range of contemporary originalist constitutional scholarship, and situates competing schools of thought in dialogue with each other. They also make new contributions to the methodological and normative disputes between originalists and non-originalists, and among originalists themselves.
"Heidegger wants us to recapture the sense of people as unique and valuable, and this seems like the central argument of Dillard's book." How did we ever come to believe in the myth of intentional, just and legitimate systems of social organization - like states, corporations, and families - without actually accounting for the fair creation, development and consensual inclusion of future generations - the majority of persons - into those systems? How is consent, or self-determination, possible without that account? What norm could possibly precede that account? These articles - several peer-reviewed and originally published by Yale, Duke, Northwestern and other universities - will argue that...
This book analyzes the theoretical nuances and practical implications of how judges use precedent.
Engages with the life and work of Larry Alexander to explore puzzles and paradoxes in legal and moral theory.
Privacy is one of the most important concepts of our time, yet it is also one of the most elusive. As rapidly changing technology makes information increasingly available, scholars, activists, and policymakers have struggled to define privacy, with many conceding that the task is virtually impossible. In this concise and lucid book, Daniel J. Solove offers a comprehensive overview of the difficulties involved in discussions of privacy and ultimately provides a provocative resolution. He argues that no single definition can be workable, but rather that there are multiple forms of privacy, related to one another by family resemblances. His theory bridges cultural differences and addresses hist...
What legal status should be granted to artificial agents?
How philosophy transformed human knowledge and the world we live in Philosophical investigation is the root of all human knowledge. Developing new concepts, reinterpreting old truths, and reconceptualizing fundamental questions, philosophy has progressed—and driven human progress—for more than two millennia. In short, we live in a world philosophy made. In this concise history of philosophy's world-shaping impact, Scott Soames demonstrates that the modern world—including its science, technology, and politics—simply would not be possible without the accomplishments of philosophy. Firmly rebutting the misconception of philosophy as ivory-tower thinking, Soames traces its essential cont...