Originalism's Promise: A Natural Law Account of the American Constitution
Autor Lee J. Strangen Limba Engleză Paperback – 7 aug 2019
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| Cambridge University Press – 7 aug 2019 | 283.30 lei 6-8 săpt. | |
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Specificații
ISBN-13: 9781108468732
ISBN-10: 110846873X
Pagini: 326
Dimensiuni: 151 x 228 x 19 mm
Greutate: 0.49 kg
Editura: Cambridge University Press
Colecția Cambridge University Press
Locul publicării:New York, United States
ISBN-10: 110846873X
Pagini: 326
Dimensiuni: 151 x 228 x 19 mm
Greutate: 0.49 kg
Editura: Cambridge University Press
Colecția Cambridge University Press
Locul publicării:New York, United States
Cuprins
Introduction; Part I. A Description of Originalism: 1. A brief history of originalism in American constitutional interpretation; 2. The constitutional communication model of originalism; Part II. Originalism is the Best Explanation of our Existing Constitutional Practice and the Most Normatively Attractive Theory of Constitutional Interpretation: 3. Originalism is the best explanation for our existing constitutional practice; 4. Originalism best advances Americans' human flourishing: the law-as-coordination account of originalism; 5. Conclusion; Index.
Recenzii
'Lee J. Strang has provided us with a fresh new explanation and defense of an approach to constitutional interpretation that emphasizes the need for fidelity to original meaning. Unusually, he has built a bridge between originalist theory and modern natural law theory that engages with important ideas in the philosophy of law as well as constitutional theory. A formidable piece of scholarship that deserves close scrutiny.' Keith E. Whittington, Princeton University, New Jersey
'Originalism's Promise provides a sophisticated and important defense of constitutional originalism. Drawing on history, constitutional theory, and the natural law tradition, Professor Strang makes a compelling case that fidelity to the original meaning of the constitutional text is required by both law and morality. His law-as-coordination account of originalism offers a new and distinctive view of the role of the Constitution. In a field where it is difficult to say something that is novel and convincing, Originalism's Promise does both, illuminating old debates and posing new questions. Highly recommended.' Lawrence B. Solum, Carmack-Waterhouse Professor of Law, Georgetown University, Washington DC
'It marks a masterful contribution to originalist literature and is indeed promising for advancing the integration of natural law and originalist jurisprudence.' Karen Taliaferro, Starting Points
'It [Originalism's Promise] provides a useful summary of the current developments among originalists and the author is well read and well informed … and attempts a new and original defense of originalism based on natural law. The book is amply footnoted and well documented on the topic, addressing numerous current controversies among originalists, and those who are interested in the originalist doctrine will no doubt find it useful. Indeed, it is striking how much diversity and disagreement there is among those who call themselves originalists.' Whitley Kaufman, Law and Politics Book Review
'Originalism's Promise provides a sophisticated and important defense of constitutional originalism. Drawing on history, constitutional theory, and the natural law tradition, Professor Strang makes a compelling case that fidelity to the original meaning of the constitutional text is required by both law and morality. His law-as-coordination account of originalism offers a new and distinctive view of the role of the Constitution. In a field where it is difficult to say something that is novel and convincing, Originalism's Promise does both, illuminating old debates and posing new questions. Highly recommended.' Lawrence B. Solum, Carmack-Waterhouse Professor of Law, Georgetown University, Washington DC
'It marks a masterful contribution to originalist literature and is indeed promising for advancing the integration of natural law and originalist jurisprudence.' Karen Taliaferro, Starting Points
'It [Originalism's Promise] provides a useful summary of the current developments among originalists and the author is well read and well informed … and attempts a new and original defense of originalism based on natural law. The book is amply footnoted and well documented on the topic, addressing numerous current controversies among originalists, and those who are interested in the originalist doctrine will no doubt find it useful. Indeed, it is striking how much diversity and disagreement there is among those who call themselves originalists.' Whitley Kaufman, Law and Politics Book Review
Notă biografică
Descriere
Provides the first natural law justification for an originalist interpretation of the American Constitution.