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RIGHTS HELDAUTHOR Jack M. Balkin TITLE Constitutional Redemption Political Faith in an Unjust World CATEGORY law academic trade NUMBER OF PAGES 292 1 table PUBLICATION MONTH May AUTHOR BIO Jack M. Balkin was born in Kansas City, Missouri in 1956. Educated at Harvard and Cambridge, he is now Knight Professor of Constitutional Law and the First Amendment at Yale Law School. He is the author of many books, most recently with Reva Siegel of The Constitution in 2020 published by Oxford University Press in 2009. BOOK DESCRIPTION An exploration of faith, narrative, legitimacy and redemption in American constitutional law. For better and for worse, constitutions are always compromises with the political forces of the times in which they are written, which is why the abolitionist William Lloyd Garrison roared that the American Constitution was “a covenant with death and an agreement with hell” because of its accommodation of slavery. Slavery may now be gone, but the deeper problem of compromise remains. Constitutions are almost certain to be “agreements with hell” to somebody, particularly in culturally heterogeneous nations. How can people with very different values assent to such constitutions? Balkin’s answer is that constitutional legitimacy depends not only on the current content of the Constitution, but also on faith in the future of the constitutional project, and the people who will interpret, live by, and in Balkin’s phrase “build out” the Constitution over time. In particular, constitutional legitimacy requires faith in a narrative that Balkin calls “constitutional redemption”: the fulfillment of the Constitution’s promises over time. Constitutional norms change; what seems absurd in one generation becomes orthodox in another. The legitimacy of the Constitution in practice really derives from the belief that people and groups will be able to persuade each other - without deception or force - how best to continue the constitutional project, and maintain a secular citizen’s faith in it as a foundation. RIGHTS HELDAuthor retains dramatic rights AUTHOR Stuart Banner
CATEGORY law trade NUMBER OF PAGES 340 11 halftones PUBLICATION MONTH March AUTHOR BIO Stuart Banner was born in New York city in 1963. Educated at Yale and Stanford he is now Norman Abrams Professor of Law at UCLA School of Law. He is the author of a number of books, most recently Who Owns the Sky published by HUP in 2008. BOOK DESCRIPTION A history of property in the United States that shows how challenging the idea of ownership in property is and how it has changed over the last two centuries, always presenting new and difficult questions. What is property? The question is at the heart of many current controversies, ranging from debates over rights in genetic material, to disputes about who owns indigenous culture, to arguments over music and film on the Internet. To decide whether genes or culture or digits are a kind of property, one has to develop, at least implicitly, some thought about the nature of property itself. How does it originate? What purposes does it serve? The meaning of property is also at the heart of another set of current debates, involving the limits of appropriate government regulation. When does the use of public power infringe the rights of property owners? One cannot form an opinion on this question without having, against at least implicitly, some conception of the nature of property. What exactly is property? Is it a natural right or one created by law? Which of its attributes are essential and which are subject to alteration to advance some public goal? This book is about the ways in which the answers to questions like these have changed over time in America. One approach to understanding these changes is to look closely at the historical emergence of new forms of property in response to technological and cultural change. Several of the chapters in this book are about such episodes; they examine, for example, the development of property in news in the late nineteenth and early twentieth centuries, and the emergence of property in fame in the early twentieth century. Another approach is to scrutinize changing ideas about the limits of appropriate government regulation of property. Some of the chapters in this book thus examine the rise of new kinds of regulation and the development of new ideas about the constitution’s protection of property rights. The basic message of the book is that our ideas about property have always been contested and have always been in flux. Property is a human institution that exists to serve a broad set of purposes. These purposes have changed over time, and as they have, so too has the conventional wisdom about what property is really like. As new coalitions have formed around particular goals, they have pushed conventional understandings of property in one direction or another. Despite much of our rhetoric, property has never been an end in itself. It has always been a means to a variety of other ends. Our conceptions of property have changed to match the changes in the goals we think are worth pursuing. Directory: sites -> default -> files -> katalogi files -> Occupational health and safety files -> The Black Panther Party’s Ten Point Program files -> International programs roel profile files -> Fermi Questions a guide for Teachers, Students, and Event Supervisors Lloyd Abrams, Ph. D. DuPont Company, cr&D/ccas experimental Station Wilmington, de 19880 files -> Personal Information Name: Maha Al-Ammari Nationality: Saudi Relationship Status katalogi -> 2013 rights list non-fiction adshade, Marina dollars and sex: An Economist Puts a Price on Sex and Love katalogi -> Blake friedmann literary, tv and Film Agency katalogi -> Foreign rights guide katalogi -> Rights guide atlantic books corvus katalogi -> Harpercollinspublishers foreign rights guide william Morrow HarperBusiness Avon Avon Impulse Download 252.6 Kb. Share with your friends:
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