Listing 1 - 3 of 3 |
Sort by
|
Choose an application
Do citizens of a nation such as the United States have a moral duty to obey the law? Do officials, when interpreting the Constitution, have an obligation to follow what that text meant when ratified? To follow precedent? To follow what the Supreme Court today says the Constitution means?These are questions of political obligation (for citizens) and interpretive obligation (for anyone interpreting the Constitution, often officials). Abner Greene argues that such obligations do not exist. Although citizens should obey some laws entirely, and other laws in some instances, no one has put forth a successful argument that citizens should obey all laws all the time. Greene's case is not only "against" obligation. It is also "for" an approach he calls "permeable sovereignty": all of our norms are on equal footing with the state's laws. Accordingly, the state should accommodate religious, philosophical, family, or tribal norms whenever possible.Greene shows that questions of interpretive obligation share many qualities with those of political obligation. In rejecting the view that constitutional interpreters must follow either prior or higher sources of constitutional meaning, Greene confronts and turns aside arguments similar to those offered for a moral duty of citizens to obey the law.
Constitutional law --- Effectiveness and validity of law. --- Law --- Obedience (Law) --- Legal obligation --- Obligation, Legal --- Obligation to obey the law --- Acts, Legislative --- Enactments, Legislative --- Laws (Statutes) --- Legislative acts --- Legislative enactments --- Jurisprudence --- Legislation --- Validity and effectiveness of law --- International law --- Moral and ethical aspects. --- Philosophy --- Effectiveness and validity of law --- Moral and ethical aspects --- Law - Moral and ethical aspects --- Constitutional law - United States
Choose an application
Paperback Edition: Updated and with a New Foreword. The nation will not soon forget the drama of the 2000 presidential election. For five weeks we were transfixed by the legal clashes that enveloped the country from election night to the Gore concession. It was instant history, and will be studied by historians, lawyers, political scientists, media critics and others for years to come. Even for those who followed the events most closely, the legal twists and turns of the post-election struggles seemed at times bewildering. We witnessed manual recounts of election ballots, GOP federal court law
Presidents --- Contested elections --- Election --- Gore, Albert, --- Bush, George W. --- Trials, litigation, etc.
Choose an application
Listing 1 - 3 of 3 |
Sort by
|