|
Showing 1 - 25 of
46 matches in All Departments
|
Various Artists - Stars of Classical (CD)
Various Artists, Emmerich Kalman/Franz Lehar/Johann Strauss II, Francesco Sartori, Andrew Lloyd Webber, Leonard Cohen, …
|
R59
Discovery Miles 590
|
Ships in 10 - 20 working days
|
Is man truly the measure of all things? If so, then perhaps that
very premise accounts for our nation's constitutional ills.
In a wide-ranging study based on legal history, political
theory, and philosophical concepts going all the way back to Plato,
Robert Clinton seeks to challenge current faith in an activist
judiciary. Claiming that a human-centered Constitution leads to
government by reductive moral theory and illegitimate judicial
review, he advocates a return to traditional jurisprudence and a
God-centered Constitution grounded in English common law and its
precedents.
Building upon his widely-discussed work Marbury v. Madison and
Judicial Review, in which he urged the need for greater judicial
accountability, Clinton reviews the transformation of legal
traditions through the "Marbury Myth" and advocates a jurisprudence
that would constrain capricious judicial interpretation by
re-establishing traditional methods of legal analysis and rules of
precedent. He seeks to ground constitutional theory in common law
reasoning, and to ground common law reasoning in a naturalistic
jurisprudence-conceived along Thomistic lines--that presupposes a
transcendent source of legal order in the world.
Clinton argues that his proposed reorientation is superior to
today's most influential approaches to constitutional
interpretation, particularly academic moralism and subjective
intentionalism. His account of the doctrine of original intention
particularly helps to clarify an issue that has until now received
much political attention but little scholarly analysis that is not
already associated with these prevailing approaches.
"God and Man in the Law" joins a literature that stands at the
intersection of political science and the study of law and will
enlighten scholars who study constitutional matters in both fields.
By focusing on the relation between judicial review and
constitutional interpretation, it challenges judges to reclaim the
traditions of the past for the sake of democracy's future.
Few Supreme Court decisions are as well known or loom as large in
our nation's history as "Marbury v. Madison." The 1803 decision is
widely viewed as having established the doctrine of judicial
review, which permits the Court to overturn acts of Congress that
violate the Constitution; moreover, such judicial decisions are
final, not subject to further appeal.
Robert Clinton contends that few decisions have been more
misunderstood, or misused, in the debates over judicial review. He
argues that the accepted view of "Marbury" is ahistorical and
emerges from nearly a century of misinterpretation both by
historians and by legal scholars.
"This book is without doubt one of the half dozen recent works
that will be central to the
scholarly dispute about judicial review."--"Political Science
Quarterly."
"Clinton offers a resounding correction of the prevailing
orthodoxy on the "Marbury" case that has dominated scholarship in
law, history, and political science for roughly the last century. .
. . If he contended only 'that Marbury was not a political decision
but was based on sound constitutional doctrine and existing legal
precedent', this book would still make a quite valuable
contribution to the literature. . . . But there is more: the
constitutional doctrine and legal precedents Clinton has
rediscovered, in which the Marbury ruling is firmly grounded,
reveal judicial review to be . . . of profoundly narrower scope
than is admitted today by right or left, by originalists or
nonoriginalists. . . . Clinton has done much] to blow away a good
deal of fog surrounding Marshall, Marbury, and the scope of
judicial power."--"Review of Politics."
"Every student of judicial review should read this book. Even
those who disagree with its main thesis will find it very
stimulating."--Christopher Wolfe, author of "The Rise of Modern
Judicial Review: From Constitutional Interpretation to Judge-Made
Law."
"An important book. Clinton's new and unorthodox look at Marbury
v. Madison is interesting, provocative, and controversial. He
presents clearly, forcefully, and persuasively a great amount of
evidence to support his thesis."--"Social Science Quarterly."
"Clinton's reconstruction of the legal academicians' wrangling
over Marbury makes delightful reading. . . . He is witty, subtle,
and makes points with great deftness."--"William and Mary
Quarterly."
"A coherent, provocative, and welcome challenge to the
liberal-Progressive interpretation of judicial review."--"Journal
of American History."
|
The Siege of Paris
Sibbet Robert Lowry
|
R1,334
Discovery Miles 13 340
|
Ships in 10 - 15 working days
|
This is a reproduction of a book published before 1923. This book
may have occasional imperfections such as missing or blurred pages,
poor pictures, errant marks, etc. that were either part of the
original artifact, or were introduced by the scanning process. We
believe this work is culturally important, and despite the
imperfections, have elected to bring it back into print as part of
our continuing commitment to the preservation of printed works
worldwide. We appreciate your understanding of the imperfections in
the preservation process, and hope you enjoy this valuable book.
++++ The below data was compiled from various identification fields
in the bibliographic record of this title. This data is provided as
an additional tool in helping to ensure edition identification:
++++ The Tidal Wave: A Collection Of Temperance Songs, Quartets,
Choruses, &c William Howard Doane, Robert Lowry Biglow &
Main, 1874 Music; Religious; Gospel; Music / Religious / Gospel;
Self-Help / Substance Abuse & Addictions / Alcoholism;
Temperance
|
You may like...
On My One
Jake Bugg
CD
R59
Discovery Miles 590
Partners
Stevie Wonder, Billy Joel, …
CD
R72
Discovery Miles 720
|