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The Antebellum Origins of the Modern Constitution
  • Language: en
  • Pages: 285

The Antebellum Origins of the Modern Constitution

This book argues that conflicts over slavery and abolition in the early American Republic generated a mode of constitutional interpretation that remains powerful today: the belief that the historical spirit of founding holds authority over the current moment. Simon J. Gilhooley traces how debates around the existence of slavery in the District of Columbia gave rise to the articulation of this constitutional interpretation, which constrained the radical potential of the constitutional text. To reconstruct the origins of this interpretation, Gilhooley draws on rich sources that include historical newspapers, pamphlets, and congressional debates. Examining free black activism in the North, Abolitionism in the 1830s, and the evolution of pro-slavery thought, this book shows how in navigating the existence of slavery in the District and the fundamental constitutional issue of the enslaved's personhood, Antebellum opponents of abolition came to promote an enduring but constraining constitutional imaginary.

Max Weber's Complete Writings on Academic and Political Vocations
  • Language: en
  • Pages: 236

Max Weber's Complete Writings on Academic and Political Vocations

Annotation This is the first edition in any language of all of Max Weber's writings on academic and political vocations. The translation is new and liberally annotated, including a look at Weber's personality and what it was that made him such a phenomenon. Max Weber made many significant interpretations of both academic and political vocations in his two lectures on Science as a Vocation (Wissenschaft als Beruf, 1917) and Politics as a Vocation (Politik als Beruf) 1919), as well as in a series of newspaper articles including those written between 1908 and 1920. Since these writings are of more than historical interest, there was a need to bring them all together in a single volume. Newly tr...

Final Freedom
  • Language: en
  • Pages: 340

Final Freedom

Focusing on the Thirteenth Amendment, this book examines emancipation after the Emancipation Proclamation of 1863.

Slavery and Sacred Texts
  • Language: en
  • Pages: 399

Slavery and Sacred Texts

An analysis of the development of historical consciousness in antebellum America, using the debate over slavery as a case study.

The Dark Past
  • Language: en
  • Pages: 551

The Dark Past

The Dark Past offers a historical overview and interpretive guide to all the major cases decided by US Supreme Court that have affected the freedom and rights of Black Americans since 1800. It lends coherence to what could otherwise be a disjointed chronicle of cases and connects the events of the past to the current era of racial inequality.

Early Greek Political Thought from Homer to the Sophists
  • Language: en
  • Pages: 388

Early Greek Political Thought from Homer to the Sophists

Including the works of more than thirty authors, this edition of early Greek writings on social and political issues includes the origin of human society and law; the nature of justice and good government; the distribution of power among genders and social classes.

The American Constitution and the Debate Over Originalism
  • Language: en
  • Pages: 319

The American Constitution and the Debate Over Originalism

  • Categories: Law

This is a work of constitutional theory that explores the nature of American constitutional interpretation through a reconsideration of the long-standing debate between the interpretive theories of originalism and nonoriginalism. The book presents the novel argument that a critique of the underlying premises of originalism dissolves not just originalism but nonoriginalism as well, which leads to the recognition that constitutional interpretation is already and always structured. By their fidelity to the Constitution, Americans are a textual people in that they live in and through the terms of a fundamental text. On the basis of this central idea, the book presents a new understanding of constitutional interpretation and an innovative account of the democratic legitimacy and binding capacity of the Constitution.

The Residential Is Racial
  • Language: en
  • Pages: 527

The Residential Is Racial

Housing experts and activists have long described the foundational role race has played in the creation of mass homeownership. This book insistently tracks the inverse: the role of mass homeownership in changing the definition, perception, and value of race. In The Residential is Racial Adrienne Brown reveals how mass homeownership remade the rubrics of race, from the early cases realtors made for homeownership's necessity to white survival through to the 1968 Fair Housing Act. Reading real estate archives and appraisal textbooks alongside literary works by F. Scott Fitzgerald, John Steinbeck, Lorraine Hansberry, Richard Wright, Gwendolyn Brooks, James Baldwin, Ralph Ellison, John Cheever, a...

The Transformation of Edinburgh
  • Language: en
  • Pages: 566

The Transformation of Edinburgh

This is a study of the physical transformation of Edinburgh in the nineteenth century.

Against Constitutional Originalism
  • Language: en
  • Pages: 361

Against Constitutional Originalism

  • Categories: Law

A detailed and compelling examination of how the legal theory of originalism ignores and distorts the very constitutional history from which it derives interpretive authority “What are the chances that, in 2024, a new book could fundamentally reorient how we understand America’s founding? Jonathan Gienapp . . . has written such a book. . . . You read it, and you get vertigo. . . . Gienapp’s book comes as a thunderclap.”—Cass Sunstein, Washington Post Constitutional originalism stakes law to history. The theory’s core tenet—that the U.S. Constitution should be interpreted according to its original meaning—has us decide questions of modern constitutional law by consulting the d...