In Francis J. Mootz & William S. Boyd (eds.), On Philosophy in American Law. Cambridge University Press (2009)
|Abstract||Americans have been obsessed about the mechanics of perfectibility. Perfectibility is built into the constitutive documents of the American Republic. The expression of that perfection is Law, and Government provides the means. The mechanics of perfectibility lies in philosophy and theology. Through these mechanics Americans can discern the spirit of perfection - as God or as the genius of the American community made manifest. The essay considers these notions in the context of two cases, Swift v. Tyson (1842) and Erie Railroad Co. v. Tomkins (1938), which provide both the antipodes of American conceptions of the sources and hierarchy of law, and also suggest the mechanics of a mandatory perfectibility in American. But the judge is not the only intermediary between perfection and its expression in law. The essay suggests the way the political branches also seek the role of privileged (and uniquely privileged) intermediaries between the people and perfection. The essay ends with a consideration of the value of the theology of faith and reason in the elaboration of American jurisprudence.|
|Keywords||No keywords specified (fix it)|
|Through your library||Configure|
Similar books and articles
Adam Thurschwell (2009). On Continental Philosophy in American Jurisprudence. In Francis J. Mootz & William S. Boyd (eds.), On Philosophy in American Law. Cambridge University Press.
John Arthur Passmore (1972/1971). The Perfectibility of Man. London,Duckworth.
David Brooke (2011). Jurisprudence. Routledge.
Francis J. Mootz (ed.) (2009). On Philosophy in American Law. Cambridge University Press.
Jonathan Jacobs (2002). Aristotle and Maimonides. American Catholic Philosophical Quarterly 76 (1):145-163.
Lara Denis (1999). Kant on the Perfection of Others. Southern Journal of Philosophy 37 (1):25-41.
Eric Steinhart (2009). A Modern Analysis of Divine Infinity. Theology and Science 7 (3):261-274.
Sister M. Annice Donovan (1945). Limited Perfection as Requiring Subsistent Perfection. Proceedings of the American Catholic Philosophical Association 20:136-145.
Added to index2009-01-28
Total downloads4 ( #178,748 of 549,128 )
Recent downloads (6 months)1 ( #63,361 of 549,128 )
How can I increase my downloads?