Cantitate/Preț
Produs

The Hollow Core of Constitutional Theory: Why We Need the Framers

Autor Donald L. Drakeman
en Limba Engleză Paperback – 7 apr 2021
The Hollow Core of Constitutional Theory is the first major defense of the central role of the Framers' intentions in constitutional interpretation to appear in years. This book starts with a reminder that, for virtually all of Western legal history, when judges interpreted legal texts, their goal was to identify the lawmaker's will. However, for the past fifty years, constitutional theory has increasingly shifted its focus away from the Framers. Contemporary constitutional theorists, who often disagree with each other about virtually everything else, have come to share the view that the Framers' understandings are unknowable and irrelevant. This book shows why constitutional interpretation needs to return to its historical core inquiry, which is a search for the Framers' intentions. Doing so is practically feasible, theoretically defensible, and equally important not only for discovering the original meaning, but also for deciding how to apply the Constitution today.
Citește tot Restrânge

Toate formatele și edițiile

Toate formatele și edițiile Preț Express
Paperback (1) 27721 lei  6-8 săpt.
  Cambridge University Press – 7 apr 2021 27721 lei  6-8 săpt.
Hardback (1) 68287 lei  6-8 săpt.
  Cambridge University Press – 7 apr 2021 68287 lei  6-8 săpt.

Preț: 27721 lei

Nou

Puncte Express: 416

Preț estimativ în valută:
5306 5566$ 4401£

Carte tipărită la comandă

Livrare economică 29 ianuarie-12 februarie 25

Preluare comenzi: 021 569.72.76

Specificații

ISBN-13: 9781108719391
ISBN-10: 1108719392
Pagini: 225
Dimensiuni: 153 x 230 x 15 mm
Greutate: 0.34 kg
Editura: Cambridge University Press
Colecția Cambridge University Press
Locul publicării:New York, United States

Cuprins

1. The Framers and Contemporary Constitutional Theory; 2. The Framers' Intentions: Who, What, and Where; 3. Original Methods and the Limits of Interpretation; 4. Original Methods Updating; 5. The Semantic Summing Problem; 6. Is Corpus Linguistics Better than Flipping a Coin?; 7. The Framers' Intentions Can Solve the Semantic Summing Problem; 8. Interpretation and Sociological Legitimacy; 9. Noninterpretive Decisions; 10. Conclusion.

Recenzii

'Drakeman's treatment and criticisms of constitutional theory - whether of originalism or non-originalism - are unfailingly fair and insightful. His arguments for incorporating the framers' intent into constitutional interpretation today are historically rich and conceptually cogent. A penetrating book sure to be of great interest to the specialist and general reader alike.' Marc O. DeGirolami, Cary Fields Professor of Law, St. John's University School of Law
'Drakeman writes with clarity, wit, and power …' Stephen B. Presser, The Federalist Society Review
'Drakeman finds his way … to the central truth of the matter.' Hadley Arkes, Claremont Review of Books
'A powerful brief written to academics on behalf of the public who want to know the Constitution's meaning.' Adam J. Macleod, Law & Liberty
'Cuts against the grain of both liberal and modern originalist jurisprudence.' Stone Washington, City Journal
'The book is compelling. Greg Weiner' The Constitutionalist
'Drakeman speaks the unpleasant truth that rarely speaks its name: in-stead of taking their lead from the Constitution, many judges simply begin with their own sense of what the right outcome should be.' Hadley Arkes, Claremont Review of Books

Notă biografică


Descriere

The first major scholarly defense of the centrality of the Framers' intentions in constitutional interpretation to appear in years.