Search results for 'Constitutional law Methodology' (try it on Scholar)

1000+ found
Sort by:
  1. Regina Valutytė (2012). Legal Consequences for the Infringement of the Obligation to Make a Reference for a Preliminary Ruling Under Constitutional Law. Jurisprudence 19 (3):1171-1186.score: 80.0
    The article deals with the question whether a state might be held liable for the infringement of constitutional law if its national court of last instance violates the obligation to make a reference for a preliminary ruling to the Court of Justice of the European Union under the conditions laid down in Article 267 of the Treaty on the Functioning of the European Union and developed in the case-law of the Court. Relying on the well-established practice of the European (...)
    Direct download (4 more)  
     
    My bibliography  
     
    Export citation  
  2. John William Burgess (1978). Selections From Political Science and Comparative Constitutional Law. Distributed by Dabor Social Science Publications.score: 70.0
     
    My bibliography  
     
    Export citation  
  3. Julian H. Franklin (1977). Jean Bodin and the Sixteenth-Century Revolution in the Methodology of Law and History. Greenwood Press.score: 64.0
     
    My bibliography  
     
    Export citation  
  4. Francis Wharton (1884/2001). Commentaries on Law: Embracing Chapters on the Nature, the Source, and the History of Law, on International Law, Public and Private, and on Constitutional and Statutory Law. Gaunt, Inc..score: 64.0
     
    My bibliography  
     
    Export citation  
  5. Stephan Kirste (ed.) (2012). Interdisciplinary Research in Jurisprudence and Constitutionalism. Druck Nomos, Franz Steiner Verlag ;.score: 60.0
     
    My bibliography  
     
    Export citation  
  6. Perry Dane (1996). Constitutional Law and Religion. In Dennis M. Patterson (ed.), A Companion to Philosophy of Law and Legal Theory. Blackwell Publishers.score: 57.0
    This essay on law and religion appears in the second edition of the Blackwell Companion to Philosophy of Law and Legal Theory, edited by Dennis Patterson. It is a revision of a similar entry in the book’s first edition. The essay opens by broadly discussing the complex relationships between law and religion writ large as movements in human history – social, cultural, intellectual, and institutional phenomena with distinct but often overlapping logics and concerns. It then hones in on the efforts (...)
    Direct download  
     
    My bibliography  
     
    Export citation  
  7. Luc B. Tremblay (2003). General Legitimacy of Judicial Review and the Fundamental Basis of Constitutional Law. Oxford Journal of Legal Studies 23 (4):525-562.score: 56.0
    Four questions dominate normative contemporary constitutional theory: What is the purpose of a constitution? What makes a constitution legitimate? What kinds of arguments are legitimate within the process of constitutional interpretation? What can make judicial review of legislation legitimate in principle? The main purpose of this text is to provide one general answer to the last question. The secondary purpose is to show how this answer may bear upon our understanding of the fundamental basis of constitutional law. (...)
    Direct download (4 more)  
     
    My bibliography  
     
    Export citation  
  8. G. Pino (1999). The Place of Legal Positivism in Contemporary Constitutional States. Law and Philosophy 18 (5):513-536.score: 55.0
    The aim of the paper is that of discussing some recent antipositivist theses, with specific reference to the arguments that focus on the alleged incapability of legal positivism to understand and explain the complex normative structure of constitutional states. One of the central tenets of legal positivism (in its guise of ``methodological'' or ``conceptual'' positivism) is the theory of the separation between law and morality. On the assumption that in contemporary legal systems, constitutional law represents a point of (...)
    Direct download (7 more)  
     
    My bibliography  
     
    Export citation  
  9. Vytautas Sinkevičius (2009). Gross Violation of the Law on Elections to the Seimas Constitutes the Grounds for Discontinuation of the Powers of the Member of the Seimas. Jurisprudence 115 (1):123-153.score: 52.0
    Under Article 63 of the Constitution, a gross violation of the Law on Elections to the Seimas is one of the grounds for discontinuation of the powers of the Member of the Seimas. The Constitution does not reveal expressis verbis as to what is a gross violation of the law on election. The establishment of this is within the discretion of the legislator. While defining what a gross violation of the Law on Elections to the Seimas is, the legislator is (...)
    Translate to English
    | Direct download (3 more)  
     
    My bibliography  
     
    Export citation  
  10. Andrew J. I. Jones & Marek Sergot (1992). Deontic Logic in the Representation of Law: Towards a Methodology. [REVIEW] Artificial Intelligence and Law 1 (1):45-64.score: 51.0
    There seems to be no clear consensus in the existing literature about the role of deontic logic in legal knowledge representation — in large part, we argue, because of an apparent misunderstanding of what deontic logic is, and a misplaced preoccupation with the surface formulation of legislative texts. Our aim in this paper is to indicate, first, which aspects of legal reasoning are addressed by deontic logic, and then to sketch out the beginnings of a methodology for its use (...)
    Direct download (5 more)  
     
    My bibliography  
     
    Export citation  
  11. Alan Brudner (2008). Excusing Necessity and Terror: What Criminal Law Can Teach Constitutional Law. [REVIEW] Criminal Law and Philosophy 3 (2):147-166.score: 51.0
    This essay proposes a theory of excuse that, without blending it into exculpation, avoids the condonation of crime. The question it takes up is: given that neither compulsion by circumstances nor by human threats removes the legal reason for punishing, how can its exonerating force be rendered compatible with the state’s general duty to punish the guilty? The chapter criticizes various proposals for reconciling excuse with the duty to punish the guilty, including the moral involuntariness theory, the concession to frailty (...)
    Direct download (5 more)  
     
    My bibliography  
     
    Export citation  
  12. Toma Birmontiene (2010). Intersection of the Jurisprudences. The European Convention on Human Rights and the Constitutional Doctrine Formulated by the Constitutional Court of the Republic of Lithuania. Jurisprudence 119 (1):7-27.score: 51.0
    The article discusses the certain features of the constitutional doctrine of human rights developed by the Constitutional Court of Lithuania which were influenced by the jurisprudence of the European Court of Human Rights, the role of the European Convention on Human Rights as a legal source in the system of sources of constitutional law. The intersection of the jurisprudences, which came into being due to different assessments of the legal regulation in cases where the same legal act (...)
    Direct download (4 more)  
     
    My bibliography  
     
    Export citation  
  13. Rūta Petkuvienė (2013). Justice and Equity Within Civil Process. Jurisprudence 20 (3):1061-1080.score: 51.0
    The article provides an analysis on how much the standard court proceedings can be regarded as the research, which is performed by investigating by what manner and measures the justice in a procedural sense is implemented. It is generally acknowledged that the court, as a subject, solving a legal dispute, implements justice only in the case, when it ensures the impartiality towards all persons. The appropriate legal proceedings form a constituent part of the constitutional right to apply in the (...)
    Translate to English
    | Direct download (4 more)  
     
    My bibliography  
     
    Export citation  
  14. Beau Breslin (2009). From Words to Worlds: Exploring Constitutional Functionality. Johns Hopkins University Press.score: 49.0
    In the 225 years since the United States Constitution was first drafted, no single book has addressed the key questions of what constitutions are designed to do, how they are structured, and why they matter. In From Words to Worlds, constitutional scholar Beau Breslin corrects this glaring oversight, singling out the essential functions that a modern, written constitution must incorporate in order to serve as a nation's fundamental law. Breslin lays out and explains the basic functions of a modern (...)
    Direct download  
     
    My bibliography  
     
    Export citation  
  15. Aileen Kavanagh & John Oberdiek (eds.) (2009). Arguing About Law. Routledge.score: 49.0
    Arguing about Law introduces philosophy of law in an accessible and engaging way. The reader covers a wide range of topics, from general jurisprudence, law, the state and the individual, to topics in normative legal theory, as well as the theoretical foundations of public and private law. In addition to including many classics, Arguing About Law also includes both non-traditional selections and discussion of timely topical issues like the legal dimension of the war on terror. The editors provide lucid introductions (...)
    Direct download  
     
    My bibliography  
     
    Export citation  
  16. Egidijus Jarašiūnas (2009). The Problems of Correction of the Official Constitutional Doctrine. Jurisprudence 115 (1):39-70.score: 49.0
    The article deals with problems of the doctrine of reinterpretation of constitutional provisions, which are settled in the constitutional jurisprudence on correction of the official constitutional doctrine. This correction is typical or constitutional jurisprudence of most countries’. Under the Constitution, only the Constitutional Court enjoys the power to construe the Constitution officially. Official constitutional doctrine is to be developed in the acts of Constitutional Court gradually, disclosing new aspects of it, and supplementing it. (...)
    Translate to English
    | Direct download (3 more)  
     
    My bibliography  
     
    Export citation  
  17. Milda Vainiutė (2009). Constitutional Status of the Parliament of the Swiss Confederation. Jurisprudence 115 (1):71-88.score: 49.0
    The Swiss Confederation is characterised by a long constitutional evolution that can be divided into several important periods: the Old Swiss Confederacy (13–14 C.), Helvetica (1798–1848), Mediation (1803–1814), Restoration (1815–1830), Regeneration (1830–1848) and development since 1874. It can be stated that Switzerland adopted a modern, democratic constitution early; this state is the oldest democratic republic in Europe. In 1874, many amendments to the effective Constitution were made and a lot of gaps in legal regulation came to light, which led (...)
    Translate to English
    | Direct download (3 more)  
     
    My bibliography  
     
    Export citation  
  18. Cesare Pinelli (2010). The Kelsen/Schmitt Controversy and the Evolving Relations Between Constitutional and International Law. Ratio Juris 23 (4):493-504.score: 48.0
    The article examines Hans Kelsen's and Carl Schmitt's lines of thought concerning the relationship between constitutional and international law, with the aim of ascertaining their respective ability to capture developments affecting that relationship, even those of a contradictory nature. It is significant that, while the rise of wars of humanitarian intervention in the post-Cold War era has evoked Schmitt's concept of the bellum iustum, the evolution in the direction of the “constitutionalisation of international law” has drawn attention to Kelsen's (...)
    Direct download (6 more)  
     
    My bibliography  
     
    Export citation  
  19. Mireille Hildebrandt (2007). European Criminal Law and European Identity. Criminal Law and Philosophy 1 (1):57-78.score: 48.0
    This contribution aims to explain how European Criminal Law can be understood as constitutive of European identity. Instead of starting from European identity as a given, it provides a philosophical analysis of the construction of self-identity in relation to criminal law and legal tradition. The argument will be that the self-identity of those that share jurisdiction depends on and nourishes the legal tradition they adhere to and develop, while criminal jurisdiction is of crucial importance in this process of mutual constitution. (...)
    Direct download (5 more)  
     
    My bibliography  
     
    Export citation  
  20. Vytautas Mizaras (2012). Issues of Intellectual Property Law in the Jurisprudence of the Constitutional Court of the Republic of Lithuania. Jurisprudence 19 (3):1111-1130.score: 48.0
    This article focuses on the analysis of the main positions of the Constitutional Court of the Republic of Lithuania in the cases of intellectual property law. In the article three judgments and the positions of the Constitutional Court extracted therefrom are analysed. The Constitutional Court has formed several important positions with reference to intellectual property law regarding usage of property protection norms for the protection of intellectual property, requirements of application of compensation as an alternative to damages (...)
    Direct download (4 more)  
     
    My bibliography  
     
    Export citation  
  21. Yi-Chen Su (forthcoming). When Ethical Reform Became Law: The Constitutional Concerns Raised by Recent Legislation in Taiwan. Journal of Medical Ethics:2013-101599.score: 48.0
    In an effort at ethical reform, Taiwan recently revised the Hospice Palliative Care Law authorising family members or physicians to make surrogate decisions to discontinue life-sustaining treatment if an incompetent terminally ill patient did not express their wishes while still competent. In particular, Article 7 of the new law authorises the palliative care team, namely the physicians, to act as sole decision-makers on behalf of the incompetent terminally ill patient's best interests if no family member is available. However, the law (...)
    Direct download (6 more)  
     
    My bibliography  
     
    Export citation  
  22. Daniel Frost (forthcoming). Getting Into Mischief: On What It Means to Appeal to the U.S. Constitution. International Journal for the Semiotics of Law - Revue Internationale de Sémiotique Juridique:1-21.score: 46.0
    In this chapter I seek to rehabilitate and elaborate the so-called “mischief rule” of English law. I begin by interrogating two views of legal and constitutional interpretation which make symmetrical mistakes about legal interpretation: Larry Alexander and Emily Sherwin’s view in Demystifying Legal Reasoning and Jack Balkin’s in Living Originalism. Against these views I argue that the appropriate interpretation of laws is guided by the “mischief” the legislators were trying to remedy when they created the law and by what (...)
    No categories
    Direct download (2 more)  
     
    My bibliography  
     
    Export citation  
  23. Richard Dawson (2014). Justice as Attunement: Transforming Constitutions in Law, Literature, Economics, and the Rest of Life. Routledge.score: 46.0
     
    My bibliography  
     
    Export citation  
  24. H. G. Callaway (2011). Review of Alison L. LaCroix Ideological Origins of American Federalism. [REVIEW] Law and Politics Book Review 21 (10):619-627.score: 45.0
    Alison L. LaCroix is Assistant Professor of Law at the University of Chicago Law School, where she specializes in legal history, federalism, constitutional law and questions of jurisdiction. She has written a fine, scholarly volume on the intellectual origins of American federalism. LaCroix holds the JD degree (Yale, 1999) and a Ph.D. in history (Harvard, 2007). According to the author, to fully understand the origins of American federalism, we must look beyond the Constitutional Convention of 1787 and range (...)
    Direct download (2 more)  
     
    My bibliography  
     
    Export citation  
  25. Christopher B. Gray (2010). The Methodology of Maurice Hauriou: Legal, Sociological, Philosophical. Rodopi.score: 45.0
    Maurice Hauriou (1856-1929) -- Methodology -- Hauriou's general methodology -- Legal methodology -- Sociological methodolgy -- Methodological interplay of law and social science -- Application of methodology to large groups -- Philosophical methodology -- The philosophical status of Hauriou's methodology.
    Direct download  
     
    My bibliography  
     
    Export citation  
  26. J. M. Dubois (2008). Is Anesthesia Intrinsically Wrong? On Moral Absolutes and Natural Law Methodology. Christian Bioethics 14 (2):206-216.score: 45.0
    This article engages two fundamentally different kinds of so-called natural law arguments in favor of specific moral absolutes: Elizabeth Anscombe's claim that certain actions are known to be intrinsically wrong through intuition (or mystical perceptions), and John Finnis's claim that such actions are known to be wrong because they involve acting directly against a basic human good. Both authors maintain, for example, that murder and contraceptive sexual acts are known to be wrong, always and everywhere, through their respective epistemological lens. (...)
    Direct download (9 more)  
     
    My bibliography  
     
    Export citation  
  27. Brian E. Butler (2012). Law, Pragmatism and Constitutional Interpretation: From Information Exclusion to Information Production. Pragmatism Today 3 (1):39-57.score: 45.0
    Through an analysis of the US Supreme Court's case Heller this paper argues that legal process can be pragmatically reconceptualized so as to create information necessary to decide complex social issues. This is in contrast to other more standard conceptions of law as more emphasizing what information ought to be excluded.
    Translate to English
    | Direct download  
     
    My bibliography  
     
    Export citation  
  28. Peter Suber, The Paradox of Self-Amendment in American Constitutional Law.score: 45.0
    Logical paradoxes in the strict sense produce statements like those of the Liar ("This very statement is false") that are false if true, and true if false. They resist rational solution or at least divide logicians for centuries of apparently irreconcilable wrangling. What happens when similar paradoxes arise in law?
    Translate to English
    | Direct download  
     
    My bibliography  
     
    Export citation  
  29. Vadim Verenich (forthcoming). The Splendors and Miseries of Constitutional Reasoning in Times of Global Crisis: A Critical Look From the Realist Perspectives of Semiotics. International Journal for the Semiotics of Law - Revue Internationale de Sémiotique Juridique:1-25.score: 45.0
    The European Stability Mechanism (ESM) is the rescue fund that may grant loans to struggling euro zone governments by issuing bonds, collectively by the euro zone members. The implementation of the ESM spawned a lot of legal challenges brought to higher judicial authority in Ireland, Austria, Estonia, Germany and Poland. In the fall of 2012 the ESM was subject to legal analysis in the Estonian National Court, the German Constitutional Court, and in the European Court of Justice. Delivering much (...)
    Direct download (2 more)  
     
    My bibliography  
     
    Export citation  
  30. Doris Liebwald (2013). Law's Capacity for Vagueness. International Journal for the Semiotics of Law - Revue Internationale de Sémiotique Juridique 26 (2):391-423.score: 45.0
    This paper deals with the particularities of vagueness in law. Thereby the question of the law’s capacity for vagueness is closely related to the question of the impact of vagueness in law, since exaggerated vagueness combined with the elasticity of legal interpretation methodology may affect the constitutional principles of legal certainty, the division of powers, and the binding force of statute. To represent vagueness and the instability of legal concepts and rules, a Hyperbola of Meaning is introduced, opposing (...)
    Direct download (4 more)  
     
    My bibliography  
     
    Export citation  
  31. Hans Paul Prümm (2012). The Didactic Turn of German Legal Methodology. Jurisprudence 18 (4):1233-1282.score: 45.0
    We note an increasing consciousness of weakness of legal methodology taught to law students today: The students get neither real idea nor feeling of legal decision-making as mixture of legal matters, issue of facts, personal inputs, diverging interests, and the interplay with other actors. For minimize these defects it is necessary that law students learn in legal studies the following points: (1) Legal decision-making is a special kind of decision-making and is embedded in all problems of this process. (2) (...)
    Direct download (4 more)  
     
    My bibliography  
     
    Export citation  
  32. John Alati (2013). Hanks Australian Constitutional Law: Materials and Commentary, [Book Review]. Ethos: Official Publication of the Law Society of the Australian Capital Territory 229:38.score: 45.0
    No categories
    Direct download  
     
    My bibliography  
     
    Export citation  
  33. Hans Paul Prümm (2009). Reducing Irrationality of Legal Methodology by Realistic Description of Interpretative Tools and Teaching the Causes of Irrationality in Legal Education. Jurisprudence 115 (1):199-219.score: 45.0
    Lawyers pretend as if the process of application of laws, as well as its outcome, could be an analytic-deductive derivation; especially law students learn that legal decision-making is primarily a logic process. But we know that application of laws depends on analytic-logical as well as on voluntaristic (wilful) elements. Exact relations between these components are unknown and will be unknown. At most German law schools students as the most important imperative tool learn the so called “Auslegung” through the use of (...)
    Direct download (3 more)  
     
    My bibliography  
     
    Export citation  
  34. Pavelas Ravluševičius (2011). The Enforcement of the Primacy of the European Union Law: Legal Doctrine and Practice. Jurisprudence 18 (4):1369-1388.score: 45.0
    The main subject of the present research is the enforcement of the European Union law in the domestic legal order. This topic was chosen considering the Treaty of Lisbon amending the Treaty on the European Union and the Treaty establishing the European Community and especially its declaration No. 17 on primacy of EU law. This article will explain the meaning of primacy of the European Union law and the resulting problems in some EU Member States, as well as possible solutions (...)
    Direct download (4 more)  
     
    My bibliography  
     
    Export citation  
  35. Anita L. Allen (1996). Constitutional Law and Privacy. In Dennis M. Patterson (ed.), A Companion to Philosophy of Law and Legal Theory. Blackwell Publishers.score: 45.0
     
    My bibliography  
     
    Export citation  
  36. Rainer Arnold (2009). 7. European Constitutional Law: Its Notion, Scope and Finalities. In Antonina Bakardjieva Engelbrekt (ed.), New Directions in Comparative Law. Edward Elgar. 99.score: 45.0
    No categories
    Direct download  
     
    My bibliography  
     
    Export citation  
  37. Philip Bobbitt (1996). Constitutional Law and Interpretation. In Dennis M. Patterson (ed.), A Companion to Philosophy of Law and Legal Theory. Blackwell Publishers.score: 45.0
     
    My bibliography  
     
    Export citation  
  38. Jos� de Sousa E. Brito (1996). The Ways of Public Reason Comparative Constitutional Law and Pragmatics. International Journal for the Semiotics of Law - Revue Internationale de Sémiotique Juridique 9 (2):173-183.score: 45.0
    No categories
    Direct download (2 more)  
     
    My bibliography  
     
    Export citation  
  39. Maarten Henket (1996). Hohfeld, Public Reason and Comparative Constitutional Law. International Journal for the Semiotics of Law - Revue Internationale de Sémiotique Juridique 9 (2):202-206.score: 45.0
    No categories
    Direct download (2 more)  
     
    My bibliography  
     
    Export citation  
  40. Kristin O'Connell (1998). Constitutional Law: State Partial Birth Abortion Statutes May Be Constitutional. Journal of Law, Medicine and Ethics: A Journal of the American Society of Law, Medicine & Ethics 27 (4):384-385.score: 45.0
    No categories
    Direct download  
     
    My bibliography  
     
    Export citation  
  41. Otto Pfersmann (2009). 6. Ontological and Epistemological Complexity in Comparative Constitutional Law. In Antonina Bakardjieva Engelbrekt (ed.), New Directions in Comparative Law. Edward Elgar. 81.score: 45.0
    No categories
    Direct download  
     
    My bibliography  
     
    Export citation  
  42. Ilan Saban (2008). Citizenship and Its Erosion: Transfer of Populated Territory and Oath of Allegiance in the Prism of Israeli Constitutional Law. Law and Ethics of Human Rights 2 (1):3-32.score: 45.0
    Direct download (4 more)  
     
    My bibliography  
     
    Export citation  
  43. Maimon Schwarzschild (1996). Constitutional Law and Equality. In Dennis M. Patterson (ed.), A Companion to Philosophy of Law and Legal Theory. Blackwell Publishers.score: 45.0
  44. Andrew Halpin (1997). Rights and Law: Analysis and Theory. Distributed in North America by Northwestern University Press.score: 44.0
    Rights have become,in recent years, a significant concern of legal theorists, as well as of those involved in moral and political philosophy. This new book seeks to move a number of debates forward by developing the analysis of rights and focusing upon more general theoretical considerations relating to rights. The book is divided into five parts. The first includes an explanation of the part played by conceptual analysis within jurisprudence, while the second conducts a re-examination of Hohfeld’s analysis of rights. (...)
    Direct download  
     
    My bibliography  
     
    Export citation  
  45. Joseph Raz (2009). Between Authority and Interpretation: On the Theory of Law and Practical Reason. Oxford University Press.score: 43.0
    Can there be a theory of law? -- Two views of the nature of the theory of law : a partial comparison -- On the nature of law -- The problem of authority : revisiting the service conception -- About morality and the nature of law -- Incorporation by law -- Reasoning with rules -- Why interpret? -- Interpretation without retrieval -- Intention in interpretation -- Interpretation : pluralism and innovation -- On the authority and interpretation of constitutions : some (...)
    Direct download  
     
    My bibliography  
     
    Export citation  
  46. Gerard V. Bradley (1998). Review Essay / Criminal Procedure as Constitutional Law. Criminal Justice Ethics 17 (1):58-66.score: 43.0
    Akhil Reed Amar, The Constitution and Criminal Procedure: First Principles New Haven: Yale University Press, 1997, xi + 272 pp.
    Direct download (4 more)  
     
    My bibliography  
     
    Export citation  
  47. Stefan Höfler (2013). Between Conciseness and Transparency: Presuppositions in Legislative Texts. International Journal for the Semiotics of Law - Revue Internationale de Sémiotique Juridique:1-18.score: 43.0
    Presupposition is the semantic-pragmatic phenomenon whereby a statement contains an implicit precondition that must be taken for granted (presupposed) for that statement to be felicitous. This article discusses the role of presupposition in legislative texts, using examples from Swiss constitutional and administrative law. It illustrates (a) how presuppositions are triggered in these texts and (b) what functions they come to serve, placing special emphasis on their constitutive power. It also demonstrates (c) how legislative drafters can distinguish between “good” presuppositions (...)
    Direct download (2 more)  
     
    My bibliography  
     
    Export citation  
  48. Alan Brudner (2007). Constitutional Goods. Oxford University Press.score: 43.0
    This book aims to distil the essentials of liberal constitutionalism from the jurisprudence and practice of contemporary liberal-democratic states. Most constitutional theorists have despaired of a liberal consensus on the fundamental goals of constitutional order. Instead they have contented themselves either with agreement on lower-level principles on which those who disagree on fundamentals may coincidentally converge, or, alternatively with a process for translating fundamental disgreement into acceptable laws. Alan Brudner suggests a conception of fundamental justice that liberals of (...)
     
    My bibliography  
     
    Export citation  
  49. Douglas W. Kmiec (ed.) (2009). The American Constitutional Order: History, Cases, and Philosophy. Lexisnexis Matthew Bender.score: 43.0
    The philosophical and natural law basis of the American order: remote and immediate ancestors -- The declaration and its constitution: linking first principle to necessary means -- A structurally-divided, but workable, government -- A limited government of enumerated power -- A government mindful of dual sovereignty -- A fair government -- A government commitment to freedom -- A government commitment to equality -- A government of imperfect knowledge of inkblots, liberty and life itself.
     
    My bibliography  
     
    Export citation  
  50. Matthew B. O'Brien (2012). Why Liberal Neutrality Prohibits Same-Sex Marriage: Rawls, Political Liberalism, and the Family. British Journal of American Legal Studies 1 (2):411-466.score: 42.0
    John Rawls’s political liberalism and its ideal of public reason are tremendously influential in contemporary political philosophy and in constitutional law as well. Many, perhaps even most, liberals are Rawlsians of one stripe or another. This is problematic, because most liberals also support the redefinition of civil marriage to include same-sex unions, and as I show, Rawls’s political liberalism actually prohibits same- sex marriage. Recently in Perry v. Schwarzenegger, however, California’s northern federal district court reinterpreted the traditional rational basis (...)
    Translate to English
    | Direct download (3 more)  
     
    My bibliography  
     
    Export citation  
1 — 50 / 1000