Fidelity to Our Imperfect Constitution

preview-18
  • Fidelity to Our Imperfect Constitution Book Detail

  • Author : James E. Fleming
  • Release Date : 2015-07-17
  • Publisher : Oxford University Press
  • Genre : Law
  • Pages : 262
  • ISBN 13 : 0199969469
  • File Size : 82,82 MB

Fidelity to Our Imperfect Constitution by James E. Fleming PDF Summary

Book Description: In recent years, some have asked "Are we all originalists now?" and many have assumed that originalists have a monopoly on concern for fidelity in constitutional interpretation. In Fidelity to Our Imperfect Constitution, James Fleming rejects originalisms-whether old or new, concrete or abstract, living or dead. Instead, he defends what Ronald Dworkin called a "moral reading" of the United States Constitution, or a "philosophic approach" to constitutional interpretation. He refers to conceptions of the Constitution as embodying abstract moral and political principles-not codifying concrete historical rules or practices-and of interpretation of those principles as requiring normative judgments about how they are best understood-not merely historical research to discover relatively specific original meanings. Through examining the spectacular concessions that originalists have made to their critics, he shows the extent to which even they acknowledge the need to make normative judgments in constitutional interpretation. Fleming argues that fidelity in interpreting the Constitution as written requires a moral reading or philosophic approach. Fidelity commits us to honoring our aspirational principles, not following the relatively specific original meanings (or original expected applications) of the founders. Originalists would enshrine an imperfect Constitution that does not deserve our fidelity. Only a moral reading or philosophic approach, which aspires to interpret our imperfect Constitution so as to make it the best it can be, gives us hope of interpreting it in a manner that may deserve our fidelity.

Disclaimer: www.yourbookbest.com does not own Fidelity to Our Imperfect Constitution books pdf, neither created or scanned. We just provide the link that is already available on the internet, public domain and in Google Drive. If any way it violates the law or has any issues, then kindly mail us via contact us page to request the removal of the link.

Fidelity to Our Imperfect Constitution

Fidelity to Our Imperfect Constitution

File Size : 83,83 MB
Total View : 4770 Views
DOWNLOAD

In recent years, some have asked "Are we all originalists now?" and many have assumed that originalists have a monopoly on concern for fidelity in constitutiona

Fidelity to Our Imperfect Constitution

Fidelity to Our Imperfect Constitution

File Size : 58,58 MB
Total View : 2579 Views
DOWNLOAD

In this monograph, James E. Fleming argues that fidelity in interpreting the US Constitution as written requires a moral reading or philosophic approach, and th

Fidelity to Our Imperfect Constitution

Fidelity to Our Imperfect Constitution

File Size : 16,16 MB
Total View : 5843 Views
DOWNLOAD

James E. Fleming argues that fidelity in interpreting the US Constitution as written requires a moral reading or philosophic approach, and that fidelity commits

Constitutional Redemption

Constitutional Redemption

File Size : 5,5 MB
Total View : 5717 Views
DOWNLOAD

Political constitutions are compromises with injustice. What makes the U.S. Constitution legitimate is Americans’ faith that the constitutional system can be

Securing Constitutional Democracy

Securing Constitutional Democracy

File Size : 71,71 MB
Total View : 5070 Views
DOWNLOAD

Famously described by Louis Brandeis as "the most comprehensive of rights" and 'the right most valued by civilized men," the right of privacy or autonomy is mor