Hadley Arkes – författare
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18 produkter
18 produkter
Inbunden, Engelska, 2010
1 110 kr
Skickas inom 7-10 vardagar
This book stands against the current of judgments long settled in the schools of law in regard to classic cases such as Lochner v. New York, Near v. Minnesota, the Pentagon Papers case, and Bob Jones University v. United States. Professor Hadley Arkes takes as his subject concepts long regarded as familiar, settled principles in our law - 'prior restraints', ex post facto laws - and he shows that there is actually a mystery about them, that their meaning is not as settled or clear as we have long supposed. Arkes shows this in his text, arguing that the logic of the natural law provides the key to this chain of legal puzzles.
Häftad, Engelska, 2004
444 kr
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Over the last thirty years the American political class has come to talk itself out of the doctrines of 'natural rights' that formed the main teaching of the American Founders and Abraham Lincoln. With that move, it has removed the ground for its own rights. Ironically, this transition has been made without awareness, with a serene conviction that constitutional rights are being expanded. In the name of 'privacy' and 'autonomy', new claims of liberty have been unfolded, all of them bound up in some way with the notion of sexual freedom. The 'right to choose an abortion' has been the 'right' to shift the political class from doctrines of natural right. This new right overturned the liberal jurisprudence of the New Deal, placing jurisprudence on a different foundation. If there is a right to abortion, it has been detached from the logic of natural rights and stripped of moral substance.
Häftad, Engelska, 2010
380 kr
Skickas inom 7-10 vardagar
This book stands against the current of judgments long settled in the schools of law in regard to classic cases such as Lochner v. New York, Near v. Minnesota, the Pentagon Papers case, and Bob Jones University v. United States. Professor Hadley Arkes takes as his subject concepts long regarded as familiar, settled principles in our law - 'prior restraints', ex post facto laws - and he shows that there is actually a mystery about them, that their meaning is not as settled or clear as we have long supposed. Arkes shows this in his text, arguing that the logic of the natural law provides the key to this chain of legal puzzles.
Inbunden, Engelska, 2002
680 kr
Skickas inom 7-10 vardagar
Over the last thirty years the American political class has come to talk itself out of the doctrines of 'natural rights' that formed the main teaching of the American Founders and Abraham Lincoln. With that move, it has removed the ground for its own rights. Ironically, this transition has been made without awareness, with a serene conviction that constitutional rights are being expanded. In the name of 'privacy' and 'autonomy', new claims of liberty have been unfolded, all of them bound up in some way with the notion of sexual freedom. The 'right to choose an abortion' has been the 'right' to shift the political class from doctrines of natural right. This new right overturned the liberal jurisprudence of the New Deal, placing jurisprudence on a different foundation. If there is a right to abortion, it has been detached from the logic of natural rights and stripped of moral substance.
Häftad, Engelska, 1997
423 kr
Skickas inom 5-8 vardagar
In this book, Hadley Arkes seeks to restore, for a new generation, the jurisprudence of the late Justice of the Supreme Court George Sutherland--a jurisprudence anchored in the understanding of natural rights. The doctrine of natural rights has become controversial in our own time, while Sutherland has been widely maligned and screened from our historical memory. He is remembered today as one of the "four horsemen" who resisted Roosevelt and the New Deal; but we have forgotten his leadership in the cause of voting rights for women. Both liberal and conservative jurists now deride Sutherland, yet both groups continue to draw upon his writings. Liberals look to Sutherland for a jurisprudence that protects "privacy" against the rule of majorities, as in matters concerning abortion or gay rights. Conservatives will appeal to his defense of freedom in the economy. However, both liberals and conservatives deny the premises of natural rights that provided the ground, and coherence, of Sutherland's teaching. Arkes contends that Sutherland can supply what is missing in both conservative and liberal jurisprudence.He argues that if a new generation can look again, with unclouded eyes, at the writings of Sutherland, both liberals and conservatives can be led back to the moral ground of their jurisprudence. This compelling intellectual biography introduces readers to an urbane man, and a steely judge, who has been made a stranger to them.
Häftad, Engelska, 1986
460 kr
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This book restores to us an understanding that was once settled in the "moral sciences": that there are propositions, in morals and law, which are not only true but which cannot be otherwise. It was understood in the past that, in morals or in mathematics, our knowledge begins with certain axioms that must hold true of necessity; that the principles drawn from these axioms hold true universally, unaffected by variations in local "cultures"; and that the presence of these axioms makes it possible to have, in the domain of morals, some right answers. Hadley Arkes restates the grounds of that older understanding and unfolds its implications for the most vexing political problems of our day. The author turns first to the classic debate between Abraham Lincoln and Stephen Douglas. After establishing the groundwork and properties of moral propositions, he traces their application in such issues as selective conscientious objection, justifications for war, the war in Vietnam, a nation's obligation to intervene abroad, the notion of supererogatory acts, the claims of "privacy," and the problem of abortion.
Häftad, Engelska, 1992
460 kr
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Hadley Arkes argues that it is necessary to move "beyond the Constitution," to the principles that stood antecedent to the text, if we are to understand the text and apply the Constitution to the cases that arise every day in our law.
E-bok
Engelska, 2020623 kr
Läs direkt efter köp
This book restores to us an understanding that was once settled in the "moral sciences": that there are propositions, in morals and law, which are not only true but which cannot be otherwise. It was understood in the past that, in morals or in mathematics, our knowledge begins with certain axioms that must hold true of necessity; that the principles drawn from these axioms hold true universally, unaffected by variations in local "cultures"; and that the presence of these axioms makes it possible to have, in the domain of morals, some right answers. Hadley Arkes restates the grounds of that older understanding and unfolds its implications for the most vexing political problems of our day.The author turns first to the classic debate between Abraham Lincoln and Stephen Douglas. After establishing the groundwork and properties of moral propositions, he traces their application in such issues as selective conscientious objection, justifications for war, the war in Vietnam, a nation''s obligation to intervene abroad, the notion of supererogatory acts, the claims of "privacy," and the problem of abortion.
E-bok
Engelska, 2020574 kr
Läs direkt efter köp
In this book, Hadley Arkes seeks to restore, for a new generation, the jurisprudence of the late Justice of the Supreme Court George Sutherland--a jurisprudence anchored in the understanding of natural rights. The doctrine of natural rights has become controversial in our own time, while Sutherland has been widely maligned and screened from our historical memory. He is remembered today as one of the "four horsemen" who resisted Roosevelt and the New Deal; but we have forgotten his leadership in the cause of voting rights for women. Both liberal and conservative jurists now deride Sutherland, yet both groups continue to draw upon his writings. Liberals look to Sutherland for a jurisprudence that protects "privacy" against the rule of majorities, as in matters concerning abortion or gay rights. Conservatives will appeal to his defense of freedom in the economy. However, both liberals and conservatives deny the premises of natural rights that provided the ground, and coherence, of Sutherland''s teaching. Arkes contends that Sutherland can supply what is missing in both conservative and liberal jurisprudence. He argues that if a new generation can look again, with unclouded eyes, at the writings of Sutherland, both liberals and conservatives can be led back to the moral ground of their jurisprudence. This compelling intellectual biography introduces readers to an urbane man, and a steely judge, who has been made a stranger to them.
Häftad, Engelska, 2014
789 kr
Skickas inom 5-8 vardagar
After reestablishing the connection between morality and the law, the author develops a coherent position on many of the most controversial issues of urban life: the political uses of the streets; verbal assaults and the defamation of racial groups; the legitimate restriction of public speech; segregation, busing, and the use of racial quotas; education, housing, and the problem of the ghetto"; prostitution, gambling, and the "regulation of vices." Originally published in 1981. The Princeton Legacy Library uses the latest print-on-demand technology to again make available previously out-of-print books from the distinguished backlist of Princeton University Press. These editions preserve the original texts of these important books while presenting them in durable paperback and hardcover editions. The goal of the Princeton Legacy Library is to vastly increase access to the rich scholarly heritage found in the thousands of books published by Princeton University Press since its founding in 1905.
Häftad, Engelska, 2015
1 203 kr
Skickas inom 3-6 vardagar
The Marshall Plan has been widely regarded as a realistic yet generous policy, and a wise construction of the national interest. But how was the blend of interest and generosity in the minds of its initiators transformed in the process of bureaucratic administration? Hadley Arkes studies the Marshall Plan as an example of the process by which a national interest in foreign policy is defined and implemented. The author's analysis of the efforts to design the Economic Cooperation Agency demonstrates how the definition of the national interest is fundamentally linked to the character of the political regime. His account of the discussions in the executive branch of the government, the bureaucratic infighting, and the deliberations in Congressional hearings and floor debates also shows how, in the process of making decisions on administration and procedure, the bureaucracy itself affected the aims of the Plan. Originally published in 1973. The Princeton Legacy Library uses the latest print-on-demand technology to again make available previously out-of-print books from the distinguished backlist of Princeton University Press.These editions preserve the original texts of these important books while presenting them in durable paperback and hardcover editions. The goal of the Princeton Legacy Library is to vastly increase access to the rich scholarly heritage found in the thousands of books published by Princeton University Press since its founding in 1905.
Inbunden, Engelska, 2016
3 292 kr
Skickas inom 3-6 vardagar
After reestablishing the connection between morality and the law, the author develops a coherent position on many of the most controversial issues of urban life: the political uses of the streets; verbal assaults and the defamation of racial groups; the legitimate restriction of public speech; segregation, busing, and the use of racial quotas; education, housing, and the problem of the ghetto"; prostitution, gambling, and the "regulation of vices." Originally published in 1981. The Princeton Legacy Library uses the latest print-on-demand technology to again make available previously out-of-print books from the distinguished backlist of Princeton University Press. These editions preserve the original texts of these important books while presenting them in durable paperback and hardcover editions. The goal of the Princeton Legacy Library is to vastly increase access to the rich scholarly heritage found in the thousands of books published by Princeton University Press since its founding in 1905.
Inbunden, Engelska, 2016
2 851 kr
Skickas inom 3-6 vardagar
The Marshall Plan has been widely regarded as a realistic yet generous policy, and a wise construction of the national interest. But how was the blend of interest and generosity in the minds of its initiators transformed in the process of bureaucratic administration? Hadley Arkes studies the Marshall Plan as an example of the process by which a national interest in foreign policy is defined and implemented. The author's analysis of the efforts to design the Economic Cooperation Agency demonstrates how the definition of the national interest is fundamentally linked to the character of the political regime. His account of the discussions in the executive branch of the government, the bureaucratic infighting, and the deliberations in Congressional hearings and floor debates also shows how, in the process of making decisions on administration and procedure, the bureaucracy itself affected the aims of the Plan. Originally published in 1973. The Princeton Legacy Library uses the latest print-on-demand technology to again make available previously out-of-print books from the distinguished backlist of Princeton University Press.These editions preserve the original texts of these important books while presenting them in durable paperback and hardcover editions. The goal of the Princeton Legacy Library is to vastly increase access to the rich scholarly heritage found in the thousands of books published by Princeton University Press since its founding in 1905.
E-bok
Engelska, 2021623 kr
Läs direkt efter köp
Hadley Arkes argues that it is necessary to move "beyond the Constitution," to the principles that stood antecedent to the text, if we are to understand the text and apply the Constitution to the cases that arise every day in our law.
E-bok
PDF, Engelska, 20141 108 kr
Läs direkt efter köp
After reestablishing the connection between morality and the law, the author develops a coherent position on many of the most controversial issues of urban life: the political uses of the streets; verbal assaults and the defamation of racial groups; the legitimate restriction of public speech; segregation, busing, and the use of racial quotas; education, housing, and the problem of the ghetto"e;; prostitution, gambling, and the "e;regulation of vices."e;Originally published in 1981.The Princeton Legacy Library uses the latest print-on-demand technology to again make available previously out-of-print books from the distinguished backlist of Princeton University Press. These editions preserve the original texts of these important books while presenting them in durable paperback and hardcover editions. The goal of the Princeton Legacy Library is to vastly increase access to the rich scholarly heritage found in the thousands of books published by Princeton University Press since its founding in 1905.
E-bok
PDF, Engelska, 2015927 kr
Läs direkt efter köp
The Marshall Plan has been widely regarded as a realistic yet generous policy, and a wise construction of the national interest. But how was the blend of interest and generosity in the minds of its initiators transformed in the process of bureaucratic administration? Hadley Arkes studies the Marshall Plan as an example of the process by which a national interest in foreign policy is defined and implemented.The author's analysis of the efforts to design the Economic Cooperation Agency demonstrates how the definition of the national interest is fundamentally linked to the character of the political regime. His account of the discussions in the executive branch of the government, the bureaucratic infighting, and the deliberations in Congressional hearings and floor debates also shows how, in the process of making decisions on administration and procedure, the bureaucracy itself affected the aims of the Plan.Originally published in 1973.The Princeton Legacy Library uses the latest print-on-demand technology to again make available previously out-of-print books from the distinguished backlist of Princeton University Press. These editions preserve the original texts of these important books while presenting them in durable paperback and hardcover editions. The goal of the Princeton Legacy Library is to vastly increase access to the rich scholarly heritage found in the thousands of books published by Princeton University Press since its founding in 1905.
E-bok
Engelska, 2023195 kr
Läs direkt efter köp
Originalism Is Not Enough In this profoundly important reassessment of constitutional interpretation, the eminent legal philosopher Hadley Arkes argues that “originalism” alone is an inadequate answer to judicial activism. Untethered from “mere Natural Law”—the moral principles knowable by all—our legal and constitutional system is doomed to incoherence. The framers of the Constitution regarded the “self-evident” truths of the Natural Law as foundational. And yet in our own time, both liberals and conservatives insist that we must interpret the Constitution while ignoring its foundation. Making the case anew for Natural Law, Arkes finds it not in theories hovering in the clouds or in benign platitudes (“be generous,” “be selfless”). He draws us back, rather, to the ground of Natural Law as the American Founders understood it, the anchoring truths of common sense—truths grasped at once by the ordinary man, unburdened by theories imbibed in college and law school. When liberals discovered hitherto unknown rights in the “emanations” and “penumbras” of a “living constitution,” conservatives responded with an “originalism” that refuses to venture beyond the bare text. But in framing that text, the Founders appealed to moral principles that were there before the Constitution and would be there even if there were no Constitution. An originalism that is detached from those anchor - ing principles has strayed far from the original meaning of the Constitution. It is powerless, moreover, to resist the imposition of a perverse moral vision on our institutions and our lives. Brilliant in its analysis, essential in its argument, Mere Natural Law is a must-read for everyone who cares about the Constitution, morality, and the rule of law.
Häftad, Engelska, 2026
343 kr
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