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Books > Social sciences > Politics & government > Political structure & processes > Constitution, government & the state
Thomas Hobbes's Leviathan is one of the most important philosophical texts in the English language, and one of the most influential works of political philosophy ever written. This is the first critical edition based on a full study of the manuscript and printing history. It is also the first edition to place the English text side by side with Hobbes's later Latin version of it, complete with a set of notes in which the many passages that differ in the Latin are translated into English. So, for the first time, readers of Leviathan will be able to see clearly every stage of the development of the text. Both texts are fully annotated with explanatory notes. The editor's Introduction, which takes up the whole of the first volume, gives a path-breaking account of the work's context, sources, and textual history. This definitive edition will set the study of Hobbes's masterwork on a new basis. This three volume paperback set is also available in component parts: The Editorial Introduction (Volume 1), ISBN 978-0-19-870909-1, and The English and Latin Texts (Volumes 2 and 3), ISBN 978-0-19-872396-7. The hardback three-volume set is also available, ISBN 978-0-19-960262-9
This book looks at the options for the future development of Church establishment in the UK. The future of church establishment in our ever more pluralized society becomes increasingly urgent; topical because of the heightened appreciation of the issues raised by the presence of non-Christian religious minorities.There is a need for an authoritative understanding of the relevant constitutional law and the options for changing it. With Church establishment largely locked in the geopolitics of the late 17th century, this study examines the case for change. How should the constitution respond to an ever more pluralized society; what are the implications for the religious character of the monarchy? This book helps readers consider such questions and reach their own judgments.
In this newly revised work, Michael Bowers presents an historical
overview of constitutional development in the state of Nevada. The
Nevada State Constitution provides a comprehensive
section-by-section analysis of the state constitution. In addition,
a thorough bibliographic essay notes the seminal works relating to
the constitution, and a list of cases enumerates the landmark
federal and state court decisions interpreting the state's
constitution and the more than one hundred amendments to it. This
one-of-a-kind treatment of the Nevada Constitution is essential
reading for those interested in the historical development and
contemporary meaning of the Sagebrush State's oldest and most
foundational legal document.
If one counts the production of constitutional documents alone, the
nineteenth century can lay claim to being a 'constitutional age';
one in which the generation and reception of constitutional texts
served as a center of gravity around which law and politics
consistently revolved. This volume critically re-examines the role
of constitutionalism in that period, in order to counter
established teleological narratives that imply a consistent
development from absolutism towards inclusive, participatory
democracy. Various aspects of constitutional histories within and
outside of Europe are examined from a comparative, transnational,
and multidisciplinary historical perspective, organized around five
key themes. The first part looks at constitutions as
anti-revolutionary devices, and addresses state building,
monarchical constitutionalism, and restorations. The second part
takes up constitutions and the justification of new social
inequalities, focusing on women's suffrage, human rights, and
property. The third part uses individual country studies to take on
questions of how constitutions served to promote nationalism. The
use of constitutions as instruments of imperialism is covered in
the fourth part, and the final part examines the ways that
constitutions function simultaneously as legal and political texts.
The Virginia State Constitution examines constitutional amendments, court decisions, attorney general opinions, and legislative deliberations bearing on the development and interpretation of the Virginia Constitution. The book contains a detailed history of the Virginia Constitution, with particular attention to key moments in the state's constitutional development, from the 1776 Constitution through the current 1971 Constitution. The book also includes a provision-by-provision commentary on the evolution and meaning of each section of the Virginia Constitution. The second edition brings this material up to date through mid-2013 and analyzes a number of constitutional developments with important implications for governance. Among the recent amendments covered in this volume is an amendment barring recognition of same-sex marriages and civil unions, and an amendment that undertook a major revision of the provision limiting the eminent domain power. The book examines several recent state court decisions of note, including the state supreme court's first interpretation of the provision guaranteeing "the right of the people to keep and bear arms" and various court decisions limiting the power to levy taxes. The book also analyzes recent attorney general opinions with significant implications for legislative appropriations to non-profit groups, along with various other legislative initiatives. The Oxford Commentaries on the State Constitutions of the United States is an important series that reflects a renewed international interest in constitutional history and provides expert insight into each of the 50 state constitutions. Each volume in this innovative series contains a historical overview of the state's constitutional development, a section-by-section analysis of its current constitution, and a comprehensive guide to further research. Under the expert editorship of Professor G. Alan Tarr, Director of the Center on State Constitutional Studies at Rutgers University, this series provides essential reference tools for understanding state constitutional law. Books in the series can be purchased individually or as part of a complete set, giving readers unmatched access to these important political documents.
From Pulitzer Prize–winning author and esteemed presidential historian Doris Kearns Goodwin, an invaluable guide to the development and exercise of leadership from Abraham Lincoln, Theodore Roosevelt, Lyndon B. Johnson, and Franklin D. Roosevelt. The inspiration for the multipart HISTORY Channel series Abraham Lincoln and Theodore Roosevelt. “After five decades of magisterial output, Doris Kearns Goodwin leads the league of presidential historians” (USA TODAY). In her “inspiring” (The Christian Science Monitor) Leadership, Doris Kearns Goodwin draws upon the four presidents she has studied most closely—Abraham Lincoln, Theodore Roosevelt, Franklin D. Roosevelt, and Lyndon B. Johnson (in civil rights)—to show how they recognized leadership qualities within themselves and were recognized as leaders by others. By looking back to their first entries into public life, we encounter them at a time when their paths were filled with confusion, fear, and hope. Leadership tells the story of how they all collided with dramatic reversals that disrupted their lives and threatened to shatter forever their ambitions. Nonetheless, they all emerged fitted to confront the contours and dilemmas of their times. At their best, all four were guided by a sense of moral purpose. At moments of great challenge, they were able to summon their talents to enlarge the opportunities and lives of others. Does the leader make the times or do the times make the leader?
NATIONAL BESTSELLER The FBI's former head of counterintelligence reveals the seven secrets of building and maintaining organizational excellence "A must read for serious leaders at every level." -General Barry R. McCaffrey (Ret.) Frank Figliuzzi was the "Keeper of the Code," appointed the FBI's Chief Inspector by then-Director Robert Mueller. Charged with overseeing sensitive internal inquiries and performance audits, he ensured each employee met the Bureau's exacting standards. Now, drawing on his distinguished career, Figliuzzi reveals how the Bureau achieves its extraordinary track record of excellence-from the training of new recruits in "The FBI Way" to the Bureau's rigorous maintenance of its standards up and down the organization. All good codes of conduct have one common trait: they reflect the core values of an organization. Individuals, companies, schools, teams, or any group seeking to codify their rules to live by must first establish core values. Figliuzzi has condensed the Bureau's process of preserving and protecting its values into what he calls "The Seven C's". If you can adapt the concepts of Code, Conservancy, Clarity, Consequences, Compassion, Credibility, and Consistency, you can instill and preserve your values against all threats, internal and external. This is how the FBI does it. Figliuzzi's role in the FBI gave him a unique opportunity to study patterns of conduct among high-achieving, ethical individuals and draw conclusions about why, when and how good people sometimes do bad things. Unafraid to identify FBI execs who erred, he cites them as the exceptions that prove the rule. Part pulse-pounding memoir, part practical playbook for excellence, The FBI Way shows readers how to apply the lessons he's learned to their own lives: in business, management, and personal development.
North Carolina's state constitution charts the evolution over two centuries of a modern representative democracy. In The North Carolina State Constitution, John V. Orth and Paul M. Newby provide an outstanding constitutional and historical account of the state's governing charter. In addition to an overview of North Carolina's constitutional history, it provides an in-depth, section-by-section analysis of the entire constitution, detailing the many significant changes that have been made since its initial drafting. This treatment, along with a table of cases, index, and bibliography provides an unsurpassed reference guide for students, scholars, and practitioners of North Carolina's constitution. Co-authored by Paul M. Newby, a sitting justice of the North Carolina Supreme Court, the second edition includes significant constitutional amendments adopted since the date of the first edition. Almost every article was affected by the changes. Some were minor-such as the lengthening the term of magistrates-and some were more significant, such as spelling out the rights of victims of crimes. One was obviously major: granting the governor the power to veto legislation-making North Carolina's governor the last American governor to be given that power. In addition, the North Carolina Supreme Court has continued the seemingly never-ending process of constitutional interpretation. Some judicial decisions answered fairly routine questions about the powers of office, such as the governor's clemency power. Others were politically contentious, such as deciding the constitutional constraints on legislative redistricting. And one continues to have momentous consequences for public education, recognizing the state's constitutional duty to provide every school child in North Carolina with a "sound, basic education." The Oxford Commentaries on the State Constitutions of the United States is an important series that reflects a renewed international interest in constitutional history and provides expert insight into each of the 50 state constitutions. Each volume in this innovative series contains a historical overview of the state's constitutional development, a section-by-section analysis of its current constitution, and a comprehensive guide to further research. Under the expert editorship of Professor G. Alan Tarr, Director of the Center on State Constitutional Studies at Rutgers University, this series provides essential reference tools for understanding state constitutional law. Books in the series can be purchased individually or as part of a complete set, giving readers unmatched access to these important political documents.
When a person is not recognised as a citizen anywhere, they are typically referred to as ‘stateless’. This can give rise to challenges both for individuals and for the institutions that try to govern them. Statelessness, governance, and the problem of citizenship breaks from tradition by relocating the ‘problem’ to be addressed from one of statelessness to one of citizenship. It problematises the governance of citizenship – and the use of citizenship as a governance tool – and traces the ‘problem of citizenship’ from global and regional governance mechanisms to national and even individual levels. With contributions from activists, affected persons, artists, lawyers, academics, and national and international policy experts, this volume rejects the idea that statelessness and stateless persons are a problem. It argues that the reality of statelessness helps to uncover a more fundamental challenge: the problem of citizenship. -- .
This is the first of a major two-volume work which provides an authoritative account of devolution in the UK since the initial settlement under New Labour in 1997. This first volume meets the need for a comprehensive, UK-wide analysis of the formative years of devolution from the years 1997 to 2007, offering a rigorous and theoretically innovative re-examination of the period that traces territorial politics from initial settlements in Scotland and Wales and the Good Friday agreement in Northern Ireland to early maturity. Bradbury reviews the trajectory and influencing factors of devolution and its subsequent impacts, using a novel framework to set a significant new agenda for thinking and research on devolution.
In 2015, South Africa celebrated its 21st anniversary as a democratic state. This anniversary was in part boosted by the largely successful rolling out of a fifth free and fair election process in the previous year, albeit with minor hiccups - among others, a vibrant and at times boisterous political party scene; re-energised civil society participation, and a critical reflection of the Chapter 9 institutions, with some under constant scrutiny. However, South Africa's coming-of-age story has also been peppered with signs of increased dissatisfaction with governmental decision making and leadership style, protests around the delivery of services, continuous development and poverty issues as well as concerns about the republic's international conduct and its image and reputation in Africa and the world. Government and politics in South Africa provides an up-to-date introductory narrative on the contemporary political environment in South Africa. Government and politics in South Africa examines and evaluates the processes and policies in place that drive South Africa every day. While most chapters continue to reflect on the first two decades of post-settlement South African politics and governments, particular emphasis is placed upon the Jacob Zuma-led government's first term of office (2009-2014), also touching on the initial months of this head of state's second tenure as president. It examines the current political sphere, the local, provincial and national government, the policy footprint related to these governments, voting behaviour and party politics, foreign policy and the global political economy. Government and politics in South Africa is aimed at both undergraduate and post-graduate students, and other interested observers to the complexities of South African politics and the governmental machinery that operates the country. Chris Landsberg (editor-in-chief) is SARChI chair of African diplomacy and foreign policy at the University of Johannesburg. Suzanne Graham (co-editor) is senior lecturer and doctor of politics at the University of Johannesburg.
This book] provides the kind of scholarly resource that educated citizens need to think for themselves, a rich digest of primary sources documenting--in their own words--the views, motives, and intentions of the Framers, historic commentators, legislators, and judiciary who have debated the right to keep and bear arms from the origins of our republic. "Preston K. Covey, Carnegie Mellon University " Beginning with its origins in the English Civil War, Clayton Cramer traces the development in the United States of the right to keep and bear arms--through the Constitutional Convention, the ratification debates that followed, its inclusion by Congress in the Bill of Rights, to the present controversy over gun control. This book provides important background, analysis, documentation, and perspective for the ongoing national debate over arms.
America's most original legal invention may be the First Amendment guarantee that ''Congress shall make no law respecting an establishment of religion.'' This constitutional provision rejected the millennium-old Western policy of supporting one form of Christianity in each nation and subjugating all other faiths. It was both original and deeply challenging. The new nation encountered difficulty removing the traditional laws that controlled religious doctrine, liturgy, and church life and that discriminated against unpopular religions, and found it even harder to decide more subtle legal questions that continue to divide Americans today: Did the constitutional prohibition on establishment of religion prohibit governmental support for religion altogether, or did it just bar preferential support for some religions over others? Did it require that government remove Sabbath day, blasphemy, oath-swearing and other laws historically rooted in religion, or could those laws now be justified on grounds of tradition, morality, or utility? Did it mean the removal of all religious texts, symbols, and ceremonies from public documents and government lands, or could a democratic government represent these in ever more inclusive ways? Did the First Amendment Establishment Clause bind only "Congress " or were state and local governments bound, too? This twelve essays of this volume examine the diverse and shifting answers to these questions from the founding era until modern times. They show how the eighteenth-century founders took the first decisive steps toward disestablishment of religion, but with diverse political, theological, and philosophical goals in mind. No Establishment of Religion also shows how America's ongoing battles over religion and education, immigration, polygamy, religious funding, religious exemptions, and more have made the original and evolving understanding of disestablishment of religion a source of perennial cultural and constitutional controversy. The authors of the essays stake out strong and sometimes competing positions on what ''no establishment of religion'' meant to the American founders and what it can and should mean for America today. They represent a wide array of perspectives on the genesis and genius of America's original contribution to religious liberty, exposing the fallacies of viewing America as either a Christian nation bent on perpetuating biblical ideals or a secular nation built with a high and impregnable wall of separation between church and state.
With the people of more than one hundred nations living under totalitarian or authoritarian rule, the promotion of democratic development and democratic institutions is likely to be a complex and difficult endeavor for many decades to come. In this collection of papers, eight experienced practitioners and scholars report and analyze what they have learned regarding practical complexities and difficulties. The opening chapter sets current United States' endeavors at promoting democracy into historical context, describing the American sense of mission regarding the promotion of democracy. A second chapter indicates how different authoritarian regimes require different democratizing approaches. Next, an analysis is presented to the consequences--intended and otherwise--of political aid for donor-recipient relationships. Recent efforts, particularly under Foreign Assistance Act programs, are reviewed and assessed, with special attention to the failures. Four chapters are devoted to the role of labor unions, business associations, agrarian workers' organizations, and various types of cooperatives have played in democracy promotion. A more theoretical chapter identifies the intimate connections between freedom of economic associations, political democracy, and the development of thriving market economies. The concluding chapters report on efforts to bring together a formal association of democracies; on the advantages of separating out nongovernmental from governmental programs of political aid; and on the empirical problems of program design and evaluation in the democracy promotion field.
Since the end of the Second World War and the subsequent success of constitutional judicial review, one particular model of constitutional rights has had remarkable success, first in Europe and now globally. This global model of constitutional rights is characterized by an extremely broad approach to the scope of rights (sometimes referred to as 'rights inflation'), the acceptance of horizontal effect of rights, positive obligations, and increasingly also socio-economic rights, and the use of the doctrines of balancing and proportionality to determine the permissible limitations of rights. Drawing on analyses of a broad range of cases from the UK, the European Court of Human Rights, Germany, Canada, the US, and South Africa, this book provides the first substantive moral, reconstructive theory of the global model. It shows that it is based on a coherent conception of constitutional rights which connects to attractive accounts of judicial review, democracy and the separation of powers. The first part of the book develops a theory of the scope of rights under the global model. It defends the idea of a general right to personal autonomy: a right to everything which, according to the agent's self-conception, is in his or her interest. The function of this right is to acknowledge that every act by a public authority which places a burden on a person's autonomy requires justification. The second part of the book proposes a theory of the structure of this justification which offers original and useful accounts of the important doctrines of balancing and proportionality.
In A Constitutional Culture, Adrian Chastain Weimer uncovers the story of how, more than a hundred years before the American Revolution, colonists pledged their lives and livelihoods to the defense of local political institutions against arbitrary rule. With the return of Charles II to the English throne in 1660, the puritan-led colonies faced enormous pressure to conform to the crown’s priorities. Charles demanded that puritans change voting practices, baptismal policies, and laws, and he also cast an eye on local resources such as forests, a valuable source of masts for the English navy. Moreover, to enforce these demands, the king sent four royal commissioners on warships, ostensibly headed for New Netherland but easily redirected toward Boston. In the face of this threat to local rule, colonists had to decide whether they would submit to the commissioners’ authority, which they viewed as arbitrary because it was not accountable to the people, or whether they would mobilize to defy the crown. Those resisting the crown included not just freemen (voters) but also people often seen as excluded or marginalized such as non-freemen, indentured servants, and women. Together they crafted a potent regional constitutional culture in defiance of Charles II that was characterized by a skepticism of metropolitan ambition, a defense of civil and religious liberties, and a conviction that self-government was divinely sanctioned. Weimer shows how they expressed this constitutional culture through a set of well-rehearsed practices—including fast days, debates, committee work, and petitions. Equipped with a ready vocabulary for criticizing arbitrary rule, with a providentially informed capacity for risk-taking, and with a set of intellectual frameworks for divided sovereignty, the constitutional culture that New Englanders forged would not easily succumb to an imperial authority intent on consolidating its power.
This book is the first comprehensive analysis of the politics behind the use of mandates requiring state and local governments to implement federal policy. Over the last twenty-five years, during both liberal and conservative eras, federal mandates have emerged as a resilient tool for advancing the interests of both political parties. Revealing the politics that led to the policies, Paul L. Posner explores the origins of these congressional mandates, what interests and needs they satisfy, whether mandate reform initiatives can be expected to alter their use, and their implications for federalism. This book reveals how mandates have changed the way policy is formed in the United States and the fundamental relationship between the federal government and the state and local governments.
These are the proceedings of the 2nd Krefeld Historical Symposium of 1987 - a meeting of 34 distinguished historians to compare the constitutional history of Germany and the USA. Interdisciplinary in approach - an encounter between legal historians and those specializing in political and social history - the emphasis is on concrete historical realities of constitutional thought in both countries. Dissimilarities between the countries are highlighted in addition to ascertaining factors common to both, to explain why their respective developments diverged. There are 12 papers included, two from each of the six sessions, published here in the original German.
Author Marshall S. Shapo presents the argument that the body of law Americans have developed concerning responsibility for injuries and prevention of injuries has some of the qualities of a constitution--a fundamental set of principles that govern relations among people and between people and corporate and governmental institutions. This 'injury law constitution' includes tort law, legislative compensation systems like workers compensation, and the many statutes that regulate the safety of risky activities and of products ranging from drugs and medical devices to automobiles and cigarettes. An Injury Law Constitution presents a novel thesis that embraces leading features of the American law of injuries. Professor Shapo's analysis, into which he weaves the history of these varied systems of law, links them to the unique compensation plan devised for the victims of the September 11th attacks on the World Trade Center. Professor Shapo examines how our injury law reflects deeply held views in American society on risk and injury, indicating how the injury law constitution serves as a guide to the question of what it means to be an American. Refusing to accept easy academic formulas, An Injury Law Constitution captures the reality of how people respond to injury risks in functional contexts involving diverse activities and products.
Common law is explored as the alternative to natural rights as a means of restricting state power. The separation of powers is weighed in the balance and found wanting as a brake on state power. The underlying root of this inability is discovered in the philosophy of natural rights. Natural rights gave birth to the separation of powers, but neither the former nor the latter has been able to restrain government. This failure is highlighted in detail, and the alternative means to the same end, the common law, is brought to the fore.
In this characteristically turbocharged book, now in a new post-election edition, celebrated Rolling Stone journalist Matt Taibbi provides an insider's guide to the variety of ways today's mainstream media tells us lies. Part tirade, part confessional, Hate Inc reveals that what most people think of as "the news" is, in fact, a twisted wing of the entertainment business. In the Internet age, the press have mastered the art of monetizing anger, paranoia, and distrust. Taibbi, who has spent much of his career covering elections in which this kind of manipulative activity is most egregious, provides a rich taxonomic survey of American political journalism's dirty tricks. After a 2020 election season that proved to be a Great Giza Pyramid Complex of invective and digital ugliness, Hate Inc. is an invaluable antidote to the hidden poisons dished up by those we rely on to tell us what is happening in the world. |
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