Ordered Liberty

Ordered Liberty
Author: James E. Fleming
Publisher: Harvard University Press
Total Pages: 482
Release: 2013-01-01
Genre: Law
ISBN: 0674070747

Many have argued in recent years that the U.S. constitutional system exalts individual rights over responsibilities, virtues, and the common good. Answering the charges against liberal theories of rights, James Fleming and Linda McClain develop and defend a civic liberalism that takes responsibilities and virtues—as well as rights—seriously. They provide an account of ordered liberty that protects basic liberties stringently, but not absolutely, and permits government to encourage responsibility and inculcate civic virtues without sacrificing personal autonomy to collective determination. The battle over same-sex marriage is one of many current controversies the authors use to defend their understanding of the relationship among rights, responsibilities, and virtues. Against accusations that same-sex marriage severs the rights of marriage from responsible sexuality, procreation, and parenthood, they argue that same-sex couples seek the same rights, responsibilities, and goods of civil marriage that opposite-sex couples pursue. Securing their right to marry respects individual autonomy while also promoting moral goods and virtues. Other issues to which they apply their idea of civic liberalism include reproductive freedom, the proper roles and regulation of civil society and the family, the education of children, and clashes between First Amendment freedoms (of association and religion) and antidiscrimination law. Articulating common ground between liberalism and its critics, Fleming and McClain develop an account of responsibilities and virtues that appreciates the value of diversity in our morally pluralistic constitutional democracy.

Liberty, Order, and Justice

Liberty, Order, and Justice
Author: James McClellan
Publisher:
Total Pages: 664
Release: 2000
Genre: History
ISBN:

This new Liberty Fund edition of James McClellan's classic work on the quest for liberty, order, and justice in England and America includes the author's revisions to the original edition published in 1989 by the Center for Judicial Studies. Unlike most textbooks in American Government, Liberty, Order, and Justice seeks to familiarize the student with the basic principles of the Constitution, and to explain their origin, meaning, and purpose. Particular emphasis is placed on federalism and the separation of powers. These features of the book, together with its extensive and unique historical illustrations, make this new edition of Liberty, Order, and Justice especially suitable for introductory classes in American Government and for high school students in advanced placement courses.

The Concept of Ordered Liberty and the Common-Law Due-Process Tradition

The Concept of Ordered Liberty and the Common-Law Due-Process Tradition
Author: Matthew W. Lunder
Publisher: Rowman & Littlefield
Total Pages: 285
Release: 2021-01-12
Genre: Law
ISBN: 1793626359

The Concept of Ordered Liberty is a story of due process from the common-law tradition. Told through Supreme Court cases against a backdrop of political theory, legal philosophy and history, it illuminates a mid-twentieth-century dialectic between theories—liberal and conservative—for resolving controversies about state interference with personal liberties. So pervasive was the partisanship flowing from a riven body politic that every institution comprising the fabric of American society, including the federal courts, was soaked in it. But the ideological contest is not the story’s primary concern. More pertinent to our dilemma today is what the clash of ideologies eclipsed: a venerable judicial practice deeply rooted in American history and tradition. The moral of the story is in this praxis at its center and its understanding of the limits of legislative and judicial power. The modern liberal and conservative approaches to fundamental rights fall short of the tradition, having strayed from the common-law concept of ordered liberty. Readers will find a suprapartisan perspective on the federal courts’ obligation to resolve disputes about our Nation’s most controversial issues, and a critical reflection on the modern Supreme Court’s role in its politics.

On Ordered Liberty

On Ordered Liberty
Author: Samuel Gregg
Publisher: Lexington Books
Total Pages: 148
Release: 2003
Genre: Philosophy
ISBN: 9780739106686

On Ordered Liberty goes beyond the liberal and conservative divide, asking its readers to think about the proper ends of human choice and actions in a free society. Beginning with the insights of Alexis de Tocqueville and some natural law sources, author Samuel Gregg suggests that integral law must be distinguished from most contemporary visions of freedom. This requires, he believes, a complete repudiation of utilitarian ideas as incompatable with human nature and further analysis of the basic but often neglected-question: what is man?

Just War and Ordered Liberty

Just War and Ordered Liberty
Author: Paul D. Miller
Publisher: Cambridge University Press
Total Pages: 277
Release: 2021-01-07
Genre: Political Science
ISBN: 1108892418

When is war just? What does justice require? If we lack a commonly-accepted understanding of justice – and thus of just war – what answers can we find in the intellectual history of just war? Miller argues that just war thinking should be understood as unfolding in three traditions: the Augustinian, the Westphalian, and the Liberal, each resting on distinct understandings of natural law, justice, and sovereignty. The central ideas of the Augustinian tradition (sovereignty as responsibility for the common good) can and should be recovered and worked into the Liberal tradition, for which human rights serves the same function. In this reconstructed Augustinian Liberal vision, the violent disruption of ordered liberty is the injury in response to which force may be used and war may be justly waged. Justice requires the vindication and restoration of ordered liberty in, through, and after warfare.

Democracy

Democracy
Author: Eugene Cotran
Publisher: BRILL
Total Pages: 620
Release: 1999-01-01
Genre: Religion
ISBN: 9789041111852

This important collection of articles, contributed by eminent scholars, judges & legal practitioners, addresses the fundamental issues of human rights, democracy, the rule of law & Islam. It covers a broad & diverse range of topics & discusses key issues & questions such as: . What lessons should emerging democracies learn from mature democracies in the promotion of human rights & respect for the rule of law? . Are democratic processes & human rights standards in the developed world really models that should be adopted by developing countries? . How are human rights protected in Islam & the Middle East? . What is Islamic constitutionalism & how does Islamic law provide for a democratic system of government? The book argues that the development of the rule of law, democracy & respect for human rights should be a process of interaction & integration on a global scale. In addition, it stresses that the integration of previously closed societies into the process of globalisation must take into account the indigenous traditions already existing in such societies, & the extent to which they will contribute to, & benefit from, the process as a whole.

Progressive Constitutionalism

Progressive Constitutionalism
Author: Robin West
Publisher: Duke University Press
Total Pages: 380
Release: 1994
Genre: Law
ISBN: 9780822315254

The Fourteenth Amendment guarantees all citizens equal protection under the law as well as immunity from laws that deprive them of life, liberty, or property without due process of law. In Progressive Constitutionalism, Robin West develops an interpretation of this amendment that contrasts with the views, conservative and liberal, of the Rehnquist, Burger, and Warren Courts, and with the radical "antisubordinationist" account provided by the critical legal studies movement and many prominent feminist and critical race theorists. Her interpretation consists of a "substantive" argument regarding the Amendment's core meaning, and a jurisprudential argument regarding the role of the courts and Congress in fulfilling the Amendment's progressive promise. West shows how the "equal protection" clause, far from insulating the private spheres of culture, market, and home life, as is commonly held, directly targets abuses of power within those spheres. She develops a number of arguments for the modern relevance of this understanding, from the failure of the state to provide equal protection against private domestic violence, permitting a "private sovereignty" of patriarchal power within the home, to the the state's failure to provide equal protection against material deprivation, allowing "private sovereignty" between economically privileged and desperate people in private markets. West's argument extends to the "liberty" prong of the due process clause, seen here as a protection of the positive, not negative, liberty of citizens, covering rights in such typically controversial areas as welfare, education, and domestic safety. This interpretation recasts a number of contemporary constitutional issues, such as affirmative action and hate speech, and points to very different problems--notably private, unchecked criminal violence and extreme economic deprivation--as the central constitutional dilemmas of our day. Progressive Constitutionalism urges a substantive, institutional, and jurisprudential reorientation of our understanding of the Fourteenth Amendment, one that would necessarily be pursued through Congressional rather than judicial channels. In doing so, with attention to history and both feminist and critical race scholarship, it should reinvigorate our politics and our constitutional conversations--and, perhaps, point us toward a more just society.

American Constitutional Law

American Constitutional Law
Author: Donald P. Kommers
Publisher: Rowman & Littlefield
Total Pages: 1128
Release: 2004
Genre: Law
ISBN: 9780742526877

Designed for an undergraduate course in US constitutional law, the casebook takes a liberal arts approach, tracing constitutional doctrine and policy back to their foundation in social, moral, and political theory, and prompting students to engage the great questions of political life addressed by the Constitution and its interpretation. Opinions of the US Supreme Court constitute the core of the documents. The first edition was published in 1998; the second adds and updates topics. Annotation : 2004 Book News, Inc., Portland, OR (booknews.com).

Merriam-Webster's Dictionary of Law

Merriam-Webster's Dictionary of Law
Author: Merriam-Webster, Inc
Publisher: Merriam-Webster
Total Pages: 662
Release: 1996
Genre: Law
ISBN: 9780877796046

A search only dictionary on the FindLaw web site that includes 10,000 definitions of legal terms.