Fr. 31.90

Constitution of Many Minds - Why the Founding Document Doesn''t Mean What It Meant Before

English · Paperback / Softback

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Zusatztext "We would do well to have more thinkers around like Sunstein! and better yet to have more of them on the Supreme Court." ---Leonard H. Becker! DC Lawyer Magazine Informationen zum Autor Cass R. Sunstein Klappentext "What distinguishes the most important minds is less the answers they offer than the questions they ask. Who but Cass Sunstein would think to ask what unites the arguments and assumptions of traditionalists, populists, and cosmopolitans in constitutional interpretation and elsewhere--and what influences the force of those arguments at different times and in different places? Exploring those questions with his characteristic elegance and insight, Sunstein--the most prolific and significant legal scholar of our time--has written a brilliant book for all seasons." --Laurence H. Tribe, Harvard Law School "Sunstein combines diverse theories of constitutional interpretation into one coherent framework. That framework is captured by the book's title-- A Constitution of Many Minds . This book is likely to be widely read and highly cited." --Kim Lane Scheppele, author of Legal Secrets "Sunstein presents an elegant and fascinating argument, and he consistently tries to play fair with the views he is assessing. He covers many areas and has provocative things to say about them. A Constitution of Many Minds is a fine book that is sure to provoke much discussion." --Sanford Levinson, author of Our Undemocratic Constitution Zusammenfassung Proposes a way of interpreting the Constitution of US, one that respects the Constitution's text and history but also refuses to view the document as frozen in time. This book illuminates the underpinnings of constitutionalism itself, and shows that ours is indeed a Constitution, not of any particular generation, but of many minds. Inhaltsverzeichnis Preface ix Introduction: Jefferson's Revenge 1 Part I. Preliminaries 17 Chapter 1. There Is Nothing That Interpretation Just Is 19 Part II. Traditionalism 33 Chapter 2. Burkean Minimalism 35 Chapter 3. Rationalists vs. Burkeans 60 Chapter 4. Due Process Traditionalism 93 Part III. Populism 123 Chapter 5. Backlash's Travels 125 Chapter 6. Public Opinion and Social Consequences 140 Chapter 7. Public Opinion and Judicial Humility 165 Part IV. Cosmopolitanism 185 Chapter 8. What Other Nations Do 187 Afterword 210 Acknowledgments 217 Index 219 ...

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