A constitution is, as Article VI of the United States Constitution declares, the fundamental law of the land, supreme as a legal matter over any other nonconstitutional law. But that almost banal statement raises a number of theoretically vexed issues. What is law? How is constitutional law to be distinguished from nonconstitutional law? How do morality and moral rights fit into the picture? And what are the implications of the answers to these questions for such questions as how and by (...) whom should constitutions be interpreted? These are the issues that I shall address. Alexander proceeds as follows: In section I he takes up law's principal function of settling controversies over what we are morally obligated to do. In section II he then relate law's settlement function to the role of constitutional law. In particular, he discusses how constitutional law is distinguished from ordinary law, and he also discusses the role of constitutions in establishing basic governmental structures and enforcing certain moral rights. In section III he addresses the topic of constitutional interpretation, and in section IV the topic of judicial review. Finally, in section V, he discusses constitutional change, both change that occurs through a constitution's own rules for amendments and change that is the product of constitutional misinterpretations and revolutions. (shrink)
Presents a plethora of approaches to developing human potential in areas not conventionally addressed. Organized in two parts, this international collection of essays provides viable educational alternatives to those currently holding sway in an era of high-stakes accountability.
In his book Attention, Professor Alan White says ‘When you see X, it follows that if X is Y, you see Y whether you realise it or not.’ If, in passing through Paris, I saw a tall complex iron structure and that structure is the Eiffel Tower, then I saw the Eiffel Tower whether I realised it or not. I accept this, but because recent philosophical writings and discussions have cast doubt on the validity of the inference-pattern I saw x (...) ; x is y ; so I saw y and certain related patterns, it is clear that we cannot be content with this unvarnished statement. Various entertaining examples are produced to show that some instances of this pattern are invalid and therefore that the pattern itself is invalid. If I saw Jones at noon and at noon Jones was bribing Smith then, it is alleged, I cannot conclude that I saw Jones bribing Smith. Similarly, it is said, from the facts that I saw a man in the far distance and that that man was my father, I cannot conclude that I saw my father in the far distance; from the facts that I saw a foot and that that foot was Lloyd George's I cannot conclude that I saw Lloyd George. (shrink)
???Everyone agrees that the moral features of things supervene on their natural features??? , 22). Everyone is wrong, or so I will argue. In the first section, I explain the version of moral supervenience that Smith and others argue everyone should accept. In the second section, I argue that the mere conceptual possibility of a divine command theory of morality is sufficient to refute the version of moral supervenience under consideration. Lastly, I consider and respond to two objections, showing, among (...) other things, that while DCT is sufficient to refute this version of moral supervenience it is not necessary. (shrink)
Legal and social norms regarding gender relations have undergone dramatic changes in the past 25 years. The changes have come about largely because of the confluence of changing economic and technological realities, the unfolding of the norm dictating equal treatment of individuals, the sexual revolution and its corollaries of improved contraception and legal abortion, the rise of women as a self-conscious group and a presence in the academy, and the interrelations of all of these factors. As men and women have (...) come to share dormitories and workplaces, and as the old mores governing sex—and male-female relations in general—have broken down, there has been struggle and uncertainty over what norms should apply to sexual relations. (shrink)
Lloyd Aeschylus. Pp. xvi + 418. Oxford: Oxford University Press, 2007. Cased, £95 . ISBN: 978-0-19-926525-1 . Cairns, Liapis Dionysalexandros. Essays on Aeschylus and his Fellow Tragedians in Honour of Alexander F. Garvie. Pp. xx + 312. Swansea: The Classical Press of Wales, 2006. Cased, £45. ISBN: 978-1-905125-13-5.