Results 11 to 20 of about 13,480 (240)
Natural Law’s Return: Uncovering the Roots of Intractability on Guns as Prelude to New Growth
Journal of Moral Theology, 2023 This essay offers an overview of the recent legal history and politics which have contributed to current intractability on gun issues in the United States. Highlighted in this account is scholarship discussing the relationship between the natural law and
John E. Carter
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Trumping Precedent With Original Meaning: Not As Radical As It Sounds [PDF]
, 2005 Originalism was thought to be buried in the 1980s with critiques such as those by Paul Brest and Jeff Powell. Brest charged that originalism was unworkable, while Powell maintained that originalism was inconsistent with the original intentions of the ...
Barnett, Randy E.
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Tertium non datur? American Originalism and Polarization in Democracy [PDF]
Krytyka PrawaOriginalism – as one of the main approaches to the interpretation of the U.S. federal Constitution – has been increasingly viewed as an instrument of political struggle in the hands of the judiciary.
Katarzyna Maćkowska
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Zbornik Pravnog Fakulteta u Zagrebu, 2019 The synoptic character of the American Constitution has created favorable conditions for varied interpretations that were hotbeds of controversy and conflicts. The explanation of the U.S. Constitution is a problem of constitutional theory, constitutional
Edyta Sokalska
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Indecisive Liberal Faith, Capitalism, and the Constitution
Journal of Law and Political Economy, 2023 Jack Balkin’s scholarship exhibits an indecisive faith, symptomatic of legal liberalism, committed to belief in the future moralization of politics and disavowal of that belief.
David Lebow
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, 2013 Recent historical research using big-data techniques casts doubt on whether District of Columbia v. Heller was rightly decided according to originalist methods. These new discoveries put originalists in a bind. Do they embrace “faint hearted” originalism:
Pardon, Gaspard +1 more
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Living or Dead? Specifics of the Language of the Second Amendment to the U.S. Constitution
Studies in Logic, Grammar and Rhetoric, 2014 The original text of the Constitution of the United States of America, written over 200 years ago, constitutes the supreme source of law in the American legal system.
Kraśnicka Izabela
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Living Constitution in Indonesia: The Study of Constitutional Changes Without A Formal Amendment
Lentera Hukum, 2020 The discussion regarding the living constitution in Indonesia has been increasingly important. The importance of this discussion deals with the extent it has developed, particularly after Indonesia's constitutional amendment from 1999 to 2002.
Muhammad Addi Fauzani +3 more
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On Appeals to Non-existent Authorities as Arguments from Analogy
Informal Logic, 2021 Herein, I consider arguments resting on an appeal to a non-existent authority as a species of argument from authority, and ultimately show them to be reliant on arguments from analogy in their inferential force. Three sub-types of argument are discussed:
Martin Hinton
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Why So Silent? The Supreme Court and the Second Amendment Debate After DC v. Heller
European Journal of American Studies, 2017 In District of Columbia v. Heller (2008) the Supreme Court appeared to give to gun rights activists what they had campaigned for since the 1970s: a ruling that the Second Amendment encompassed an individual right to bear arms for the purposes of self ...
Emma Long
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