As the notoriously reluctant author of the Bill of Rights, James Madison has had a profound influence on the American government and legal system. This original study examines Madison's writings and speeches to explain his views of human nature and his political philosophy. Politicians, scholars, and even Supreme Court justices often look to Madison's broader body of work for guidance when interpreting the Bill of Rights. Here, Kasper presents an unusually thorough explanation of Madison's vision of the Bill of Rights in the context of his complete body of political thought. Unlike other studies of Madison, To Secure the Liberty of the People not only explores the breadth and depth of Madison's own writings, but also presents a thoughtful look at the philosophers and writers who influenced the Father of the Bill of Rights. Additionally, and perhaps most valuably, Kasper provides a unique examination of modern-era Supreme Court justices and the ways in which they have correctly or incorrectly cited Madison and his original intent in their own opinions. This fascinating analysis shows the enduring vibrancy of Madison's thought—even when misinterpreted—and his ongoing importance in American political thought. Legal historians, legal scholars, and political scientists will find satisfying new perspectives on Madison in this impeccably researched book.
Автор: Heffernan William C. Название: Privacy and the American Constitution: New Rights Through Interpretation of an Old Text ISBN: 3319827464 ISBN-13(EAN): 9783319827469 Издательство: Springer Рейтинг: Цена: 111790.00 T Наличие на складе: Есть у поставщика Поставка под заказ. Описание: 1. Constitutional Afterthoughts.- 2. The Right to Wear a Hat-and Other Afterthoughts.- 3. Developmental Supplementation.- 4. From Property to Privacy.- 5. The Emergence of Privacy Norms in Nineteenth Century America.- 6. The Nineteenth Century Court Reads the Eighteenth Century Text.- 7. From Thoughts and Beliefs to Emotions and Sensations.- 8. An Exercise in Supplementation that Failed.- 9. Ambitious Supplementation.- 10. Unobtrusive Supplementation.- 11. Informational Privacy Imperiled.- 12. Reappraising the Constitutional Past.
This book presents a new constitutional argument for the legitimacy of evolutive interpretation of the ECHR. It constructs a model, in which evolutive and static constitutional principles are balanced with each other.
The author argues that there are three possible interpretive approaches in time-sensitive interpretations of the ECHR, but that only one of them is justifiable by reference to the constitutional principles of the ECHR in every single case. The ECHR's constitutional principles either require an evolutive or static interpretation or they do not establish a preference relation at all, which leads to a margin of appreciation of the member states in the interpretation of the Convention. The balancing model requires the determination of the weights of the competing evolutive and static constitutional principles. For this purpose, the author defines weighting factors for determining the importance of evolutive or static interpretation in a concrete case.
Автор: Letsas, George Название: Theory of interpretation of the european convention on human rights ISBN: 0199203431 ISBN-13(EAN): 9780199203437 Издательство: Oxford Academ Рейтинг: Цена: 126720.00 T Наличие на складе: Есть у поставщика Поставка под заказ. Описание: A Theory of Interpretation of the European Convention on Human Rights provides a philosophically informed study of the methods of interpretation used by the European Court of Human Rights in Strasbourg. By drawing on Anglo-Americal legal, political and moral philosophy, the book also aims to provide a normative theory of the foundations of the ECHR rights.
Автор: Letsas, George Название: A Theory of Interpretation of the European Convention on Human Rights ISBN: 0199563888 ISBN-13(EAN): 9780199563883 Издательство: Oxford Academ Рейтинг: Цена: 49090.00 T Наличие на складе: Есть у поставщика Поставка под заказ. Описание: A Theory of Interpretation of the European Convention on Human Rights provides a philosophically informed study of the methods of interpretation used by the European Court of Human Rights in Strasbourg. By drawing on Anglo-American legal, political and moral philosophy, the book aims to provide a normative theory of the foundations of ECHR rights.
Автор: Marvin Goldwert Название: Democracy, Militarism, and Nationalism in Argentina, 1930–1966: An Interpretation ISBN: 1477301844 ISBN-13(EAN): 9781477301845 Издательство: Marston Book Services Цена: 29030.00 T Наличие на складе: Есть у поставщика Поставка под заказ. Описание: In this study, Marvin Goldwert interprets the rise, growth, and development of militarism in Argentina from 1930 to 1966.
By 1870 the sugar plantations of the Recôncavo region in Bahia, Brazil, held at least seventy thousand slaves, making it one of the largest and most enduring slave societies in the Americas. In this new translation of Crossroads of Freedom—which won the 2011 Clarence H. Haring Prize for the Most Outstanding Book on Latin American History—Walter Fraga charts these slaves' daily lives and recounts their struggle to make a future for themselves following slavery's abolition in 1888. Through painstaking archival research, he illuminates the hopes, difficulties, opportunities, and setbacks of ex-slaves and plantation owners alike as they adjusted to their postabolition environment. Breaking new ground in Brazilian historiography, Fraga does not see an abrupt shift with slavery's abolition; rather, he describes a period of continuous change in which the strategies, customs, and identities that slaves built under slavery allowed them to navigate their newfound freedom. Fraga's analysis of how Recôncavo's residents came to define freedom and slavery more accurately describes this seminal period in Brazilian history, while clarifying how slavery and freedom are understood in the present.
Автор: Emily Blanck Название: Tyrannicide: Forging an American Law of Slavery in Revolutionary South Carolina and Massachusetts ISBN: 0820353884 ISBN-13(EAN): 9780820353883 Издательство: Mare Nostrum (Eurospan) Рейтинг: Цена: 29570.00 T Наличие на складе: Есть у поставщика Поставка под заказ. Описание: Tyrannicide uses a captivating narrative to unpack the experiences of slavery and slave law in South Carolina and Massachusetts during the Revolutionary Era. In 1779, during the midst of the American Revolution, thirty-four South Carolina slaves escaped aboard a British privateer and survived several naval battles until the Massachusetts brig Tyrannicide led them to Massachusetts. Over the next four years, the slaves became the center of a legal dispute between the two states. The case affected slave law and highlighted the profound differences between how the “terrible institution” was practiced in the North and the South, in ways that would foreground issues eventually leading to the Civil War.Emily Blanck uses the Tyrannicide affair and the slaves involved as a lens through which to view contrasting slaveholding cultures and ideas of African American democracy. Blanck’s examination of the debate analyzes crucial questions: How could the colonies unify when they viewed one of America’s foundational institutions in fundamentally different ways? How would fugitive slaves be handled legally and ethically? Blanck shows how the legal and political battles that resulted from the affair reveal much about revolutionary ideals and states’ rights at a time when notions of the New Republic—and philosophies about the unity of American states were being created.
Автор: Warren Eugene Milteer Jr. Название: North Carolina`s Free People of Color, 1715-1885 ISBN: 080717176X ISBN-13(EAN): 9780807171769 Издательство: Mare Nostrum (Eurospan) Рейтинг: Цена: 40650.00 T Наличие на складе: Есть у поставщика Поставка под заказ. Описание: Examines the lives of free persons categorized by their communities as "negroes", "mulattoes," "mustees", "Indians", "mixed-bloods", or simply "free people of color". From the colonial period through Reconstruction, lawmakers passed legislation that curbed the rights and privileges of these non-enslaved residents.
Throughout the nineteenth century the idyllic island of Fernando de Noronha, which lies two hundred miles off Brazil's northeastern coast, was home to Brazil's largest forced labor penal colony. In Punishment in Paradise Peter M. Beattie uses Noronha as a case study to understand nineteenth-century Brazil's varied social and cultural values, especially in relation to justice, class, color, civil condition, human rights and labor. As Brazil’s slave population declined after 1850, the use of colonial-era disciplinary practices at Noronha—such as flogging and forced labor—stoked anxieties about human rights and Brazil’s international image. Beattie contends that the treatment of slaves, convicts, and other social categories subject to coercive labor extraction were interconnected and that reforms that benefitted one of these categories made them harder to deny to others. In detailing Noronha's history and the end of slavery as part of an international expansion of human rights, Beattie places Brazil firmly in the purview of Atlantic history.
By 1870 the sugar plantations of the Recôncavo region in Bahia, Brazil, held at least seventy thousand slaves, making it one of the largest and most enduring slave societies in the Americas. In this new translation of Crossroads of Freedom—which won the 2011 Clarence H. Haring Prize for the Most Outstanding Book on Latin American History—Walter Fraga charts these slaves' daily lives and recounts their struggle to make a future for themselves following slavery's abolition in 1888. Through painstaking archival research, he illuminates the hopes, difficulties, opportunities, and setbacks of ex-slaves and plantation owners alike as they adjusted to their postabolition environment. Breaking new ground in Brazilian historiography, Fraga does not see an abrupt shift with slavery's abolition; rather, he describes a period of continuous change in which the strategies, customs, and identities that slaves built under slavery allowed them to navigate their newfound freedom. Fraga's analysis of how Recôncavo's residents came to define freedom and slavery more accurately describes this seminal period in Brazilian history, while clarifying how slavery and freedom are understood in the present.
Автор: Luke Jenny M. Название: Delivered by Midwives: African American Midwifery in the Twentieth-Century South ISBN: 1496818911 ISBN-13(EAN): 9781496818911 Издательство: Mare Nostrum (Eurospan) Рейтинг: Цена: 91960.00 T Наличие на складе: Есть у поставщика Поставка под заказ. Описание: Catchin' babies was merely one aspect of the broad role of African American midwives in the twentieth-century South. Yet, little has been written about the type of care they provided or how midwifery and maternity care evolved under the increasing presence of local and federal health care structures. Using evidence from nursing, medical, and public health journals of the era; primary sources from state and county departments of health; and personal accounts from varied practitioners, Delivered by Midwives: African American Midwifery in the Twentieth-Century South provides a new perspective on the childbirth experience of African American women and their maternity care providers during the twentieth century. Author Jenny M. Luke moves beyond the usual racial dichotomies to expose a more complex shift in childbirth culture, revealing the changing expectations and agency of African American women in their rejection of a two-tier maternity care system and their demands to be part of an inclusive, desegregated society. Moreover, Luke illuminates valuable aspects of a maternity care model previously discarded in the name of progress. High maternal and infant mortality rates led to the passage of the Sheppard-Towner Maternity and Infancy Protection Act in 1921. This marked the first attempt by the federal government to improve the welfare of mothers and babies. Almost a century later, concern about maternal mortality and persistent racial disparities have forced a reassessment. Elements of the long-abandoned care model are being reincorporated into modern practice, answering current health care dilemmas by heeding lessons from the past.
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