The Supreme Court and the Decline of Constitutional AspirationHow should the U.S. Constitution be interpreted, and upon what philosophical basis? What were the intentions of its framers concerning judicial interpretation? the doctrine of natural rights? the finality of Supreme Court decisions? To what extent are these intentions relevant to modern politics and jurisprudence? These and other issues are given a balanced and fresh treatment in Professor Jacobsohn's timely study. |
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Contents
Introduction | 1 |
Legal Science Revisited and Reinterpreted Roscoe Pound and the Jurisprudence of the Founders | 12 |
I Law Politics and the Scientific Age | 14 |
Beyond the Pursuit of Happiness | 16 |
III What Is God Doing Now? | 23 |
IV From Rights to Interests | 25 |
V Of Juries and Jurisprudence | 29 |
VI Conclusion | 33 |
I Justice Constitutionality and James Wilson | 75 |
II Revolution Judicial Review and James Otis | 80 |
III The Supreme Court and the First Principles of Fundamental Law | 86 |
IV Conclusion | 92 |
Abraham Lincoln On This Question of Judicial Authority The Theory of Constitutional Aspiration | 95 |
I The Denial of Unqualified Finality | 96 |
II The Apple of Gold and the Picture of Silver | 100 |
III Constitutional Aspiration | 107 |
Modern Jurisprudence and the Transvaluation of Liberal Constitutionalism | 37 |
I Constitutional Theory and the CounterMajoritarian Premise | 38 |
II Moral Theory and the Constitutional Determination of Rights | 44 |
III Conclusion | 54 |
Hamilton Positivism and the Constitution Judicial Discretion Reconsidered | 57 |
I The Rule of Law | 58 |
II Neither Force nor Will | 60 |
III The Spirit of the Constitution | 65 |
IV The Sciences of Morals and Politics | 69 |
V Conclusion | 72 |
Making Sense of the Unwritten Constitution | 74 |
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Common terms and phrases
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Bibliographic information
| Title | The Supreme Court and the Decline of Constitutional Aspiration G - Reference,Information and Interdisciplinary Subjects Series Philosophy and Society Series |
| Author | Gary J. Jacobsohn |
| Publisher | Rowman & Littlefield, 1986 |
| ISBN | 0847676072, 9780847676071 |
| Length | 192 pages |
| Subjects | › Law / Constitutional |
| Export Citation | BiBTeX EndNote RefMan |