Human Rights Of By And For The People

Author: Keri E. Iyall Smith
Editor: Taylor & Francis
ISBN: 1315470004
Size: 13,97 MB
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Together, the US Constitution and the Bill of Rights comprise the constitutional foundation of the United States. These—the oldest governing documents still in use in the world—urgently need an update, just as the constitutions of other countries have been updated and revised. Human Rights Of, By, and For the People brings together lawyers and sociologists to show how globalization and climate change offer an opportunity to revisit the founding documents. Each proposes specific changes that would more closely align US law with international law. The chapters also illustrate how constitutions are embedded in society and shaped by culture. The constitution itself sets up contentious relationships among the three branches of government and between the federal government and each state government, while the Bill of Rights and subsequent amendments begrudgingly recognize the civil and political rights of citizens. These rights are described by legal scholars as "negative rights," specifically as freedoms from infringements rather than as positive rights that affirm personhood and human dignity. The contributors to this volume offer "positive rights" instead. The Universal Declaration of Human Rights (UDHR), written in the middle of the last century, inspires these updates. Nearly every other constitution in the world has adopted language from the UDHR. The contributors use intersectionality, critical race theory, and contemporary critiques of runaway economic inequality to ground their interventions in sociological argument.

The Reader S Adviser

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Public Library Catalog

Author: William A. Katz
Editor:
ISBN: 9780070333536
Size: 14,86 MB
Format: PDF
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Monographic Series

Author: Library of Congress
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Size: 16,62 MB
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Bowker S Law Books And Serials In Print

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Aba Journal

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The ABA Journal serves the legal profession. Qualified recipients are lawyers and judges, law students, law librarians and associate members of the American Bar Association.

The Transformation Of American Law 1780 1860

Author: Morton J. HORWITZ
Editor: Harvard University Press
ISBN: 9780674903715
Size: 11,47 MB
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In a remarkable book based on prodigious research, Morton J. Horwitz offers a sweeping overview of the emergence of a national (and modern) legal system from English and colonial antecedents. He treats the evolution of the common law as intellectual history and also demonstrates how the shifting views of private law became a dynamic element in the economic growth of the United States. Horwitz's subtle and sophisticated explanation of societal change begins with the common law, which was intended to provide justice for all. The great breakpoint came after 1790 when the law was slowly transformed to favor economic growth and development. The courts spurred economic competition instead of circumscribing it. This new instrumental law flourished as the legal profession and the mercantile elite forged a mutually beneficial alliance to gain wealth and power. The evolving law of the early republic interacted with political philosophy, Horwitz shows. The doctrine of laissez-faire, long considered the cloak for competition, is here seen as a shield for the newly rich. By the 1840s the overarching reach of the doctrine prevented further distribution of wealth and protected entrenched classes by disallowing the courts very much power to intervene in economic life. This searching interpretation, which connects law and the courts to the real world, will engage historians in a new debate. For to view the law as an engine of vast economic transformation is to challenge in a stunning way previous interpretations of the eras of revolution and reform.

The Presidency Then And Now

Author: Phillip G. Henderson
Editor: Rowman & Littlefield
ISBN: 9780847697397
Size: 15,22 MB
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In The Presidency Then and Now, leading political scientists and historians assess the development of the presidency and its role in today's political landscape. The questions addressed in this wide-ranging volume include: How has the doctrine of separation of powers evolved? How have presidential campaigns and presidential oratory influenced the constitutional character of the institution? How does the scandal-driven press coverage of the post-Vietnam and post-Watergate presidency compare with the partisan press of the early republic? Among other topics, the contributors examine the early precedents and modern manifestations of the executive veto, executive privilege, and presidential use of force doctrine, and chart the shift from a constitutionally circumspect and constrained chief executive toward the modern notion of a plebiscitary presidency. The Presidency Then and Now assesses several key trends in presidential leadership including the recent movement toward a policy-centered presidency in which detailed policy development has at times supplanted broad vision and historically informed judgment. Other essays address such topics as the transformation of the Cabinet from a body whose members possessed stature equal to the president to a largely symbolic group that has been replaced in its advisory capacity by the White House staff. The Presidency Then and Now makes a case for returning to constitutional, reasoned deliberation and replacing modern fixation on 'celebrity' status with the founders' notion of 'stature.' By drawing comparisons between the old and the new, The Presidency Then and Now offers timely and incisive insights that will appeal not only to scholars of the presidency but to historians and general readers interested in the constitutional foundations, philosophical debates, and key political developments that have affected the presidential office over time.