Living Constitution Dying Faith

Author: Bradley C. S. Watson
Publisher: Intercollegiate Studies Institute
ISBN: STANFORD:36105134433338
Release Date: 2009-01-01
Genre: History

In Living Constitution, Dying Faith, political scientist and legal historian Bradley Watson examines how the contemporary embrace of the “living” Constitution has arisen from the radical transformation of American political thought. This transformation, brought about in the late nineteenth century by the philosophies of social Darwinism and pragmatism, explains how and why contemporary jurisprudence is so alien to the constitutionalism of the American Founders. To understand why today’s courts rule the way they do, one must start with the ideas exposed by and explained in Watson’s timely tome. Today’s view—rooted in progressivism—is not simply that we have an interpretable Constitution, but that we have a Constitution which must be interpreted in light of “historically situated,” continually evolving notions of the individual, the state, and society. This modern historical approach has been embraced by the judicial appointees of both Democratic and Republican presidents, by both liberals and conservatives, for a century or more. Living Constitution, Dying Faith shows how such an approach has directly undermined Americans’ faith in a limited Constitution—as well as their faith in the eternal verities.

The Relevance of Higher Education

Author: Timothy Simpson
Publisher: Lexington Books
ISBN: 9780739182536
Release Date: 2013-09-24
Genre: Education

Most statements today about higher education begin with the assumption that it should be relevant. That it should be relevant, however, does not settle the matter. The significance of relevance depends on the power of something else that is more fundamental. Relevance may be a true standard of judgment, but it does not stand by itself. Assuming higher education should be relevant, the question emerges, relevant to what? Why? How? At what costs? And, relevant in what sense? These are some of the central questions animating this study. The Relevance of Higher Education: Exploring a Contested Notion, edited by Timothy L. Simpson examines the relevance of higher education by bringing together the work of historians, political scientists, and educational philosophers. The contributors probe the meaning of relevance in its many guises, providing an historical and philosophical account of the roots of this concept and its impact on the institution of higher education. Furthermore, The Relevance of Higher Education provides a critical evaluation of the impact of relevance on our understanding of the political and economic relationship between higher education and society. This study suggests views of relevance that could guide the future of higher education. By providing penetrating analysis, this text thoroughly explores relevance and its underlying assumptions, potential implications and long-lasting effects on higher education and society. The Relevance of Higher Education provides the tools necessary to develop a rich framework for understanding relevance and its impact on higher education and society.

The Just War Tradition

Author: J. Daryl Charles
Publisher: Open Road Media
ISBN: 9781480492981
Release Date: 2014-03-11
Genre: Political Science

Politicians, pundits, and scholars have cited the principles of “just war” to defend military actions from Iraq to Afghanistan to Libya. Other politicians, pundits, and scholars have cited just war principles to condemn those same military interventions. How can the same tradition lead to such sharply opposing conclusions? What is the just war tradition, and why is it important today? Authors David D. Corey and J. Daryl Charles answer those questions in this insightful exploration. A fascinating blend of history, theology, and political philosophy, The Just War Tradition: An Introduction traces the development of the tradition from its inception nearly two millennia ago. Corey and Charles illuminate how the various voices within the tradition—from Augustine and Aquinas, to Luther and Calvin, to Suárez and Locke, up to present-day commentators—relate to one another and to rival ways of understanding war and peace.

Conscience and Its Enemies

Author: Robert P. George
Publisher: Open Road Media
ISBN: 9781504036450
Release Date: 2016-03-29
Genre: Political Science

“Many in elite circles yield to the temptation to believe that anyone who disagrees with them is a bigot or a religious fundamentalist. Reason and science, they confidently believe, are on their side. With this book, I aim to expose the emptiness of that belief.” From the introduction: Assaults on religious liberty and traditional morality are growing fiercer. Here, at last, is the counterattack. Showcasing the talents that have made him one of America’s most acclaimed and influential thinkers, Robert P. George explodes the myth that the secular elite represents the voice of reason. In fact, George shows, it is on the elite side of the cultural divide where the prevailing views frequently are nothing but articles of faith. Conscience and Its Enemies reveals the bankruptcy of these too often smugly held orthodoxies while presenting powerfully reasoned arguments for classical virtues.

Western Civilization and the Academy

Author: Bradley C. S. Watson
Publisher: Lexington Books
ISBN: 9781498517560
Release Date: 2015-09-03
Genre: Political Science

This volume brings together leading thinkers who offer reflections on the place of Western civilization in the academy, at a time when there is indifference or even antipathy toward the study of the West at most institutions of higher learning. Alternative narratives—including multiculturalism, diversity, and sustainability—have come to the fore in the stead of Western civilization. The present volume is designed to explore the roots, extent, and long-term consequences of this educational climate: How and why did undergraduate education turn its back on what was once an important component of its mission? To what extent has such change affected the experience of undergraduates and the ability of colleges to educate citizens of a constitutional republic? What are the likely individual and social outcomes of such a shift in educational priorities? The volume’s theme is, and will continue to be, the subject of national scholarly and media attention.

The Case for Gridlock

Author: Marcus E. Ethridge
Publisher: Lexington Books
ISBN: 9780739142394
Release Date: 2010-03-30
Genre: Political Science

The Case for Gridlock explains how Progressive ideas about government have led to severe representational problems in the American political system. Having rejected the Framers' institutional arrangement as sluggish and frustrating, Progressives have, for over a century, worked to circumvent the Madisonian system by establishing policy-making power in executive agencies and commissions. Ironically, the most consequential legacy of Progressivism is an institutional system that became more perfectly and efficiently responsive to the inherently unbalanced organized political power that they lament. Drawing on an analysis of administrative law and decades of research on interest groups, The Case for Gridlock explores the faulty logic and na_ve thinking of the Progressive perspective, revealing the uncertainties and anomalies in legal doctrine that have emerged as a result of their effort to graft 'efficient' designs onto the gridlock-prone system that James Madison and the other Framers left us. The problems of 'interest group liberalism' and the accumulation of powerful interests that undermine economic growth and political stability have long been recognized by political scientists and economists. The Case for Gridlock argues that these problems are not inevitable and that a solution exists in reasserting the Constitutional Principle as the foundation for the design and operation of U.S. governmental institutions. The public's interests can prevail over those of organized special interests by returning power to the gridlock-prone institutional arrangement established in the Constitution.

The Tyranny of Clich s

Author: Jonah Goldberg
Publisher: Penguin
ISBN: 9781101572351
Release Date: 2012-05-01
Genre: Political Science

The bestselling author of Liberal Fascism dismantles the progressive myths that are passed-off as wisdom in our schools, media and politics. According to Jonah Goldberg, if the greatest trick the Devil ever pulled was convincing the world he didn’t exist, the greatest trick liberals ever pulled was convincing themselves that they’re not ideological. Today, “objective” journalists, academics and “moderate” politicians peddle some of the most radical arguments by hiding them in homespun aphorisms. Barack Obama casts himself as a disciple of reason and sticks to one refrain above all others: he’s a pragmatist, opposed to the ideology and dogma of the right, solely concerned with “what works.” And today’s liberals follow his lead, spouting countless clichés such as: One man’s terrorist is another man’s freedom fighter: Sure, if the other man is an idiot. Was Martin Luther King Jr. a terrorist? Was Bin Laden a freedom fighter? Violence never solves anything: Really? It solved our problems with the British empire and ended slavery. Better ten guilty men go free than one innocent man suffer: So you won’t mind if those ten guilty men move next door to you? Diversity is strength: Cool.The NBA should have a quota for midgets and one-legged point guards! We need complete separation of church and state: In other words all expressions of faith should be barred from politics …except when they support liberal programs. With humor and passion, Goldberg dismantles these and many other Trojan Horses that liberals use to cheat in the war of ideas. He shows that the grand Progressive tradition of denying an ideological agenda while pursuing it vigorously under the false-flag of reasonableness is alive and well. And he reveals how this dangerous game may lead us further down the path of self-destruction.

Originalism in American Law and Politics

Author: Johnathan O'Neill
Publisher: JHU Press
ISBN: 0801881110
Release Date: 2005-06-07
Genre: History

This book explains how the debate over originalism emerged from the interaction of constitutional theory, U.S. Supreme Court decisions, and American political development. Refuting the contention that originalism is a recent concoction of political conservatives like Robert Bork, Johnathan O'Neill asserts that recent appeals to the origin of the Constitution in Supreme Court decisions and commentary, especially by Justices Antonin Scalia and Clarence Thomas, continue an established pattern in American history. Originalism in American Law and Politics is distinguished by its historical approach to the topic. Drawing on constitutional commentary and treatises, Supreme Court and lower federal court opinions, congressional hearings, and scholarly monographs, O'Neill's work will be valuable to historians, academic lawyers, and political scientists.

Law Without Values

Author: Albert W. Alschuler
Publisher: University of Chicago Press
ISBN: 0226015203
Release Date: 2000-12-01
Genre: Biography & Autobiography

Albert Alschuler's study of Holmes is very different from other books about him, in that it is an exercise in debunking him.

Civic Education and Culture

Author: Bradley C. S. Watson
Publisher: Intercollegiate Studies Inst
ISBN: UOM:39015062822138
Release Date: 2005
Genre: Education

What do we teach our citizens? This great Platonic question is as crucial today as it has ever been. America and the West come to terms with this question in the context of their richly diverse, technologically sophisticated, fundamentally individualistic societies. Virtually all would agree that such diversity, sophistication, and freedom are positive political and cultural goods, but many would also argue that they militate against the coherence that all regimes and civilizations must, in some way, demand. The nature, extent, and coherence of civic education are perhaps the greatest determinants of a regime's politics and culture, and the regime can in turn do much to foster the right kind of civic education. This book presents the insights of renowned scholars and writers, including Stephen H. Balch, Timothy Fuller, and Roger Kimball, who have thought broadly and deeply about the role that education at all levels plays in promoting, maintaining, or undermining our politics, culture, and society.

Why We Need the Humanities

Author: Donald Drakeman
Publisher: Springer
ISBN: 9781137497475
Release Date: 2016-02-25
Genre: Literary Criticism

An entrepreneur and educator highlights the surprising influence of humanities scholarship on biomedical research and civil liberties. This spirited defence urges society to support the humanities to obtain continued guidance for public policy decisions, and challenges scholars to consider how best to fulfil their role in serving the common good.

The Critical Legal Studies Movement

Author: Roberto Mangabeira Unger
Publisher: Verso Books
ISBN: 9781781683415
Release Date: 2015-03-03
Genre: Law

Critical legal studies is the most important development in progressive thinking about law of the past half century. It has inspired the practice of legal analysis as institutional imagination, exploring, with the materials of the law, alternatives for society. The Critical Legal Studies Movement was written as the manifesto of the movement by its central figure. This new edition includes a revised version of the original text, preceded by an extended essay in which its author discusses what is happening now and what should happen next in legal thought. From the Trade Paperback edition.

How Progressives Rewrote the Constitution

Author: Richard Allen Epstein
Publisher: Cato Institute
ISBN: 1930865872
Release Date: 2006
Genre: History

How Progressives Rewrote the Constitution explores the fundamental shift in political and economic thought of the Progressive Era and how the Supreme Court was used to transform the Constitution into one that reflected the ideas of their own time, while undermining America's founding principles.

The Ideal Element in Law

Author: Roscoe Pound
ISBN: 0865973253
Release Date: 1958
Genre: Law

Roscoe Pound, former dean of Harvard Law School, delivered a series of lectures at the University of Calcutta in 1948. In these lectures, he criticized virtually every modern mode of interpreting the law because he believed the administration of justice had lost its grounding and recourse to enduring ideals. Now published in the U.S. for the first time, Pound's lectures are collected in Liberty Fund's The Ideal Element in Law, Pound's most important contribution to the relationship between law and liberty. The Ideal Element in Law was a radical book for its time and is just as meaningful today as when Pound's lectures were first delivered. Pound's view of the welfare state as a means of expanding government power over the individual speaks to the front-page issues of the new millennium as clearly as it did to America in the mid-twentieth century. Pound argues that the theme of justice grounded in enduring ideals is critical for America. He views American courts as relying on sociological theories, political ends, or other objectives, and in so doing, divorcing the practice of law from the rule of law and the rule of law from the enduring ideal of law itself. Roscoe Pound is universally recognized as one of the most important legal minds of the early twentieth century. Considered by many to be the dean of American jurisprudence, Pound was a former Justice of the Supreme Court of Nebraska and served as dean of Harvard Law School from 1916 to 1936. Please note: This title is available as an ebook for purchase on Amazon, Barnes and Noble, and iTunes.