|
Showing 1 - 3 of
3 matches in All Departments
In a time when the question of American religious identity
underlies much political conversation that fills the public square,
Dennis Goldford directs his readers to consider the First
Amendment. The founding fathers' words, Congress shall make no law
respecting an establishment of religion, or prohibiting the free
exercise thereof, are the constitutional means of ensuring, however
imperfectly, the American freedom to stand for something sacred. In
his analysis, Goldford ably demonstrates that the very nature of
these religion clauses establishes protection not for 'religion'
but for 'religious freedom'. This book relocates religious
identity, moving it from the nation - and the ideals of its
founders - and placing it within the individual citizen.
Located at the intersection of law, political science, philosophy,
and literary theory, 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. It traces
that debate to a particular set of premises about the nature of
language, interpretation, and objectivity, premises that raise the
specter of unconstrained, unstructured constitutional
interpretation that has haunted contemporary constitutional theory.
It 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. It
makes this argument in terms of the first principle of the American
political system: by their fidelity to the Constitution, Americans
are a textual people in that they live in and through the terms of
a fundamental text.
Located at the intersection of law, political science, philosophy,
and literary theory, 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. It traces
that debate to a particular set of premises about the nature of
language, interpretation, and objectivity, premises that raise the
specter of unconstrained, unstructured constitutional
interpretation that has haunted contemporary constitutional theory.
It 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. It
makes this argument in terms of the first principle of the American
political system: by their fidelity to the Constitution, Americans
are a textual people in that they live in and through the terms of
a fundamental text.
|
You may like...
Loot
Nadine Gordimer
Paperback
(2)
R398
R330
Discovery Miles 3 300
Poor Things
Emma Stone, Mark Ruffalo, …
DVD
R357
Discovery Miles 3 570
|