welfare and the constitution new forum books

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Welfare And The Constitution

Author : Sotirios A. Barber
ISBN : 1400825830
Genre : Political Science
File Size : 41. 18 MB
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Welfare and the Constitution defends a largely forgotten understanding of the U.S. Constitution: the positive or "welfarist" view of Abraham Lincoln and the Federalist Papers. Sotirios Barber challenges conventional scholarship by arguing that the government has a constitutional duty to pursue the well-being of all the people. He shows that James Madison was right in saying that the "real welfare" of the people must be the "supreme object" of constitutional government. With conceptual rigor set in fluid prose, Barber opposes the shared view of America's Right and Left: that the federal constitutional duties of public officials are limited to respecting negative liberties and maintaining processes of democratic choice. Barber contends that no historical, scientific, moral, or metaethical argument can favor today's negative constitutionalism over Madison's positive understanding. He urges scholars to develop a substantive account of constitutional ends for use in critiquing Supreme Court decisions, the policies of elected officials, and the attitudes of the larger public. He defends the philosophical possibility of such theories while also offering a theory of his own as a starting point for the discussion the book will provoke. This theory holds, for example, that voucher schemes which drain resources from secular public schools to schools that would train citizens to submit to religious authority are unconstitutional; First Amendment issues aside, such schemes defeat what is undeniably an element of the "real welfare" of the people, individually and collectively: the capacity to think critically for oneself.

The Social Welfare Forum

Author : National Conference on Social Welfare
ISBN : SRLF:A0002251734
Genre : Charities
File Size : 39. 71 MB
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Democratic Faith

Author : Patrick Deneen
ISBN : 1400826896
Genre : Political Science
File Size : 47. 43 MB
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The American political reformer Herbert Croly wrote, "For better or worse, democracy cannot be disentangled from an aspiration toward human perfectibility." Democratic Faith is at once a trenchant analysis and a powerful critique of this underlying assumption that informs democratic theory. Patrick Deneen argues that among democracy's most ardent supporters there is an oft-expressed belief in the need to "transform" human beings in order to reconcile the sometimes disappointing reality of human self-interest with the democratic ideal of selfless commitment. This "transformative impulse" is frequently couched in religious language, such as the need for political "redemption." This is all the more striking given the frequent accompanying condemnation of traditional religious belief that informs the "democratic faith." At the same time, because so often this democratic ideal fails to materialize, democratic faith is often subject to a particularly intense form of disappointment. A mutually reinforcing cycle of faith and disillusionment is frequently exhibited by those who profess a democratic faith--in effect imperiling democratic commitments due to the cynicism of its most fervent erstwhile supporters. Deneen argues that democracy is ill-served by such faith. Instead, he proposes a form of "democratic realism" that recognizes democracy not as a regime with aspirations to perfection, but that justifies democracy as the regime most appropriate for imperfect humans. If democratic faith aspires to transformation, democratic realism insists on the central importance of humility, hope, and charity.

Freedom S Orphans

Author : David L. Tubbs
ISBN : 0691134707
Genre : Political Science
File Size : 41. 68 MB
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Has contemporary liberalism's devotion to individual liberty come at the expense of our society's obligations to children? Divorce is now easy to obtain, and access to everything from violent movies to sexually explicit material is zealously protected as freedom of speech. But what of the effects on the young, with their special needs and vulnerabilities? Freedom's Orphans seeks a way out of this predicament. Poised to ignite fierce debate within and beyond academia, it documents the increasing indifference of liberal theorists and jurists to what were long deemed core elements of children's welfare. Evaluating large changes in liberal political theory and jurisprudence, particularly American liberalism after the Second World War, David Tubbs argues that the expansion of rights for adults has come at a high and generally unnoticed cost. In championing new "lifestyle" freedoms, liberal theorists and jurists have ignored, forgotten, or discounted the competing interests of children. To substantiate his arguments, Tubbs reviews important currents of liberal thought, including the ideas of Isaiah Berlin, Ronald Dworkin, and Susan Moller Okin. He also analyzes three key developments in American civil liberties: the emergence of the "right to privacy" in sexual and reproductive matters; the abandonment of the traditional standard for obscenity prosecutions; and the gradual acceptance of the doctrine of "strict separation" between religion and public life.

The Jewish Social Contract

Author : David Novak
ISBN : 0691122105
Genre : Philosophy
File Size : 20. 4 MB
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This book accepts the notion that intelligent and active participation in a democratic polity is best formulated when its citizens see themselves as parties to a social contract. David Novak questions how a traditional Jew can participate in his democratic polity in good faith.

The Future Of Assisted Suicide And Euthanasia

Author : Neil M. Gorsuch
ISBN : 0691140979
Genre : Law
File Size : 64. 53 MB
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After assessing the strengths and weaknesses of arguments for assisted suicide and euthanasia, Gorsuch builds a nuanced, novel, and powerful moral and legal argument against legalization, one based on a principle that, surprisingly, has largely been overlooked in the debate; the idea that human life is intrinsically valuable and that intentional killing is always wrong. At the same time, the argument Gorsuch develops leaves wide latitude for individual patient autonomy and the refusal of unwanted medical treatment and life-sustaining care, permitting intervention only in cases where an intention to kill is present.

Great Cases In Constitutional Law

Author : Robert P. George
ISBN : 0691049521
Genre : Law
File Size : 52. 71 MB
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Slavery, segregation, abortion, workers' rights, the power of the courts. These issues have been at the heart of the greatest constitutional controversies in American history. And in this concise and thought-provoking volume, some of today's most distinguished legal scholars and commentators explain for a general audience how five landmark Supreme Court cases centered on those controversies shaped the country's destiny and continue to affect us even now. The book is a profound exploration of the Supreme Court's importance to America's social and political life. It is also, as many of the contributors show, an intriguing reflection of what some have seen as an important trend in legal scholarship away from an uncritical belief in the essentially benign nature of judicial power. Robert George opens with an illuminating survey of the themes that unite and divide the five cases. Other contributors then examine each case in detail through a lively commentary-and-response format. Mark Tushnet and Jeremy Waldron exchange views on Marbury v. Madison, the pivotal 1803 case that established the power of the courts to invalidate legislation. Cass Sunstein and James McPherson discuss Dred Scott v. Sandford (1857), the notorious case that confirmed the rights of slaveowners, declared that black people could not be American citizens, and is often seen as a cause of the Civil War. Hadley Arkes and Donald Drakeman explore the legacy of Lochner v. New York (1905), a case that ushered in decades of judicial hostility to social welfare laws. Earl Maltz and Walter Murphy assess Brown v. Topeka Board of Education (1954), the famous case that ended racial segregation in public schools. Finally, Jean Bethke Elshtain and George Will tackle Roe v. Wade (1973), still a flashpoint a quarter of a century later in the debate over abortion. While some of the contributors show sympathy for strong judicial interventions on social issues, many across the ideological spectrum are sharply critical of judicial activism. A compelling introduction to the greatest cases in U.S. constitutional law, this is also an enlightening glimpse of the state of the art in American legal scholarship.

A Community Of Equals

Author : Owen M. Fiss
ISBN : 0807004375
Genre : Law
File Size : 47. 34 MB
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Community of Equals is a Beacon Press publication.

The Social Welfare Forum

Author : National Conference on Social Welfare
ISBN : STANFORD:36105004942582
Genre : Charities
File Size : 38. 66 MB
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The Manion Forum

Author : Clarence Manion
ISBN : WISC:89058455056
Genre : Conservatism
File Size : 79. 81 MB
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