Suchergebnisse

Can theories of evolution explain the development of our capacityfor moral judgment and the content of morality itself?If bad behavior punished by the criminal law is attributableto physical causes, rather than being intentional or voluntaryas traditionally assumed, what are the implications for rethinkingthe criminal justice system? Is evolutionary theoryand "nature talk," at least as practiced to date, inherentlyconservative and resistant to progressive and feminist proposalsfor social changes to counter subordination and secureequality?In Evolution and Morality, a group of contributors from philosophy,law, political science, history, and genetics addressmany of the philosophical, legal, and political issues raisedby such questions. This insightful interdisciplinary volumeexamines the possibilities of a naturalistic ethics, the implicationsof behavioral morality for reform of the criminal law,the prospects for a biopolitical science, and the relationshipbetween nature, culture, and social engineering

Intro -- Cover Page -- Title Page -- Copyright Page -- Dedication -- Contents -- Preface -- Part I. Introduction -- 1 Legal Canons: An Introduction -- Part II. The Canon in the Curriculum -- 2 Empire or Residue: Competing Visions of the Contractual Canon -- 3 Canons of Property Talk, or, Blackstone's Anxiety -- 4 Vanished from the First Year: Lost Torts and Deep Structures in Tort Law -- 5 Criminal Law -- 6 Teaching American Civil Procedure since 1779 -- 7 Of Coase and the Canon: Reflections on Law and Economics -- Part III. The Canon and Groups -- 8 Race Relations Law in the Canon of Legal Academia -- 9 Recognizing Race in the American Legal Canon -- 10 Feminist Canon -- 11 Homosexuals, Torts, and Dangerous Things -- Part IV. The Constitutional Canon -- 12 The Constitutional Canon -- 13 The Canon in Constitutional Law -- 14 Constitutional Canons and Constitutional Thought -- Contributors -- Permissions -- Index.

The Constitution is the cornerstone of American government, hailed as one of the greatest contributions of the Western Enlightenment. While many seem content simply to celebrate it, those most familiar with the document invariably find it wanting in at least some aspects. This unique volume brings together many of the country's most esteemed constitutional commentators and invites them to answer two questions: First, what is the stupidest provision of the Constitution? "Stupid" need not mean evil. Thus, a second, related question is whether the scholar-interpreter would be forced to

Frontmatter -- CONTENTS -- PREFACE -- CONTRIBUTORS -- 1. LOYALTY AND MORALITY -- 2. LOYALTY FROM A CONFUCIAN PERSPECTIVE -- 3. IN PLACE OF LOYALTY: FRIENDSHIP AND ADVERSARY POLITICS IN CLASSICAL GREECE -- 4. LAWYERLY FIDELITY -- 5. LAWYERLY FIDELITY: AN ETHICAL AND EMPIRICAL CRITIQUE -- 6. A FRACTURED FIDELITY TO CAUSE -- 7. THE PSYCHOLOGY OF JUST AND UNJUST WARS: RESPONSE TO SHERMAN -- 8. FOR CONSTITUTION AND PROFESSION: PARADOXES OF MILITARY SERVICE IN A LIBERAL DEMOCRACY -- 9. THE CASE FOR PARTY LOYALTY -- 10. DEMOCRACY AND THE PROBLEM OF THE PARTISAN STATE -- INDEX

Frontmatter -- CONTENTS -- PREFACE -- CONTRIBUTORS -- INTRODUCTION -- 1. A HISTORY OF INHERENT CONTRADICTIONS: THE ORIGINS AND END OF AMERICAN CONSERVATISM -- 2. AN INTERPRETATION OF AMERICAN CONSERVATIVE THOUGHT: POLITICAL ISSUES, CONCEPTUAL DIFFERENCES, AND ATTITUDINAL DISJUNCTIONS -- 3. CONSERVATISM IN AMERICA? A RESPONSE TO SIDORSKY -- 4. THE WORMS AND THE OCTOPUS: RELIGIOUS FREEDOM, PLURALISM, AND CONSERVATISM -- 5. ANTI-GOVERNMENTISM IN CONSERVATIVE THOUGHT: A NOTE ON GARNETT'S CONCEPTION OF RELIGIOUS FREEDOM -- 6. CONSTITUTIVE STORIES ABOUT THE COMMON LAW IN MODERN AMERICAN CONSERVATISM -- 7. THE ROLE OF CONSERVATISM IN SECURING AND MAINTAINING JUST MORAL CONSTITUTIONS: TOWARD A THEORY OF COMPLEX NORMATIVE SYSTEMS -- 8. CONSTITUTIONAL CONSERVATISM AND AMERICAN CONSERVATISM -- 9. FIGHTING OVER THE CONSERVATIVE BANNER -- 10. UNITING CONSERVATIVES: COMMENTS ON BOGUS'S TRIFURCATED CONSERVATISM -- 11. LEO STRAUSS AND AMERICAN CONSERVATIVE THOUGHT AND POLITICS -- 12. WHAT FASCISM TEACHES US -- 13. SEGREGATION, AGGRESSION, AND EXECUTIVE POWER: LEO STRAUSS AND 'THE BOYS' -- INDEX

"The First Two Centuries": The first panel explored the provisions that the drafters made in the United States Constitution for federal judicial selection and traced the two-century history of the selection process following the constitution's adoption. The panel consisted of Charles Cooper, Esq. of Cooper & Kirk PLLC; Gary L. McDowell, Haynes Professor of Leadership Studies and Political Science at the University of Richmond's Jepson School of Leadership Studies; and Ms. Maeva Marcus, of the United States Supreme Court Historical Society. Rodney A. Smolla, the George E. Allen Chair in Law, served as program coordinator and moderator. "Modern Federal Judicial Selection": The second panel explored modern federal judicial selection, tracing the selection process over the last two decades and analyzing how it has grown increasingly contentious. The panel consisted of Theresa M. Beiner, of the William H. Bowen School of Law at the University of Arkansas at Little Rock; Sheldon Goldman, Department of Political Science University of Massachusetts; Judge Edith Jones, U.S. Court of Appeals for the Fifth Circuit; and William P. Marshall, the Kenan Professor of Law University of North Carolina School of Law. Carl W. Tobias, Williams Professor of Law at the University of Richmond School of Law, served as moderator. "The Prospects of Reform": The third panel explored numerous suggestions for remedying or ameliorating the difficulties that pervade modern federal judicial selection and the prospects for these measures' success. The panel consisted of Terry Eastland, Publisher of The Weekly Standard; Michael Gerhardt, Hanson Professor of Law at the Marshall-Wythe School of Law, College of William and Mary; and Sanford V. Levinson, The W. St. John Garwood Centennial Chair in Law and Professor of Government at the University of Texas School of Law. Gary L. McDowell, the Haynes Professor of Leadership Studies and Political Science at the University of Richmond's Jepson School of Leadership Studies, served as moderator.