The Basic Questions
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Constitutional Interpretation by Sotirios A. Barber
Book DescriptionRonald Dworkin famously argued that fidelity in interpreting the Constitution as written calls for a fusion of constitutional law and moral philosophy. Barber and Fleming take up that call, arguing for a philosophic approach to constitutional interpretation. In doing so, they systematically critique the competing approaches - textualism, consensualism, originalism, structuralism, doctrinalism, minimalism, and pragmatism - that aim and claim to avoid a philosophic approach. Constitutional Interpretation: The Basic Questions illustrates that these approaches cannot avoid philosophic reflection and choice in interpreting the Constitution. Barber and Fleming contend that fidelity in constitutional interpretation requires a fusion of philosophic and other approaches, properly understood. Within such a fusion, interpreters would begin to think of text, consensus, intentions, structures, and doctrines not as alternatives to, but as sites of philosophic reflection about the best understanding of our constitutional commitments. Constitutional Interpretation: The Basic Questions, examines the fundamental inquiries that arise in interpreting constitutional law.In doing so, the authors survey the controversial and intriguing questions that have stirred constitutional debate in the United States for over two centuries, such as: how and for what ends should governmental institutions and powers be arranged; what does the Constitution mean under general circumstances and how should it be interpreted during concrete controversies; and finally how do we decide what our constitution means and who ultimately decides its meaning.
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Book DetailsISBN: 9780195328578
(236mm x 157mm x 19mm)
Imprint: Oxford University Press Inc
Publisher: Oxford University Press Inc
Publish Date: 7-Jun-2007
Country of Publication: United States
Books By Author Sotirios A. Barber
Fallacies of States' Rights, Hardback (January 2013)
Barber shows how arguments for states' rights from John C. Calhoun to the present offend common sense, logic, and bedrock constitutional principles. The Constitution is a charter of positive benefits, not a contract among separate sovereigns whose function is to protect people from the central government, when there are greater dangers to confront.
Welfare and the Constitution, Paperback (July 2005)
Defends the positive or "welfarist" view of Abraham Lincoln and the Federalist Papers. This book challenges conventional scholarship by arguing that the government has a constitutional duty to pursue the well-being of all the people.
Constitutional Politics, Paperback (November 2001)» View all books by Sotirios A. Barber
Explores questions ranging from the nature of creating the US Constitution to the philosophy behind amending it. This collection brings together 14 essays that consider the meaning of having a constitution, the implications of choices in the design of constitutions, and the meaning of judicial supremacy in the interpretation of the Constitution.
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