Lyt når som helst, hvor som helst

Dyk ned i over 1 million e- og lydbøger samt podcasts.

  • Over 1 million titler
  • Eksklusive titler + Mofibo Originals
  • Download og nyd titler offline
  • Opsig når som helst
Prøv nu
Cover for Constitutional Personae: Heroes, Soldiers, Minimalists, and Mutes (Inalienable Rights)

Constitutional Personae: Heroes, Soldiers, Minimalists, and Mutes (Inalienable Rights)

Længde
6T 57M
Sprog
Engelsk
Format
Kategori

Fakta

Since America's founding, the U.S. Supreme Court had issued a vast number of decisions on a staggeringly wide variety of subjects. And hundreds of judges have occupied the bench. Yet as Cass R. Sunstein, the eminent legal scholar and bestselling co-author of Nudge, points out, almost every one of the Justices fits into a very small number of types regardless of ideology: the hero, the soldier, the minimalist, and the mute. Heroes are willing to invoke the Constitution to invalidate state laws, federal legislation, and prior Court decisions. They loudly embrace first principles and are prone to flair, employing dramatic language to fundamentally reshape the law. Soldiers, on the other hand, are skeptical of judicial power, and typically defer to decisions made by the political branches. Minimalists favor small steps and only incremental change. They worry that bold reversals of long-established traditions may be counterproductive, producing a backlash that only leads to another reversal. Mutes would rather say nothing at all about the big constitutional issues, and instead tend to decide cases on narrow grounds or keep controversial cases out of the Court altogether by denying standing. As Sunstein shows, many of the most important constitutional debates are in fact contests between the four Personae. Whether the issue involves slavery, gender equality, same-sex marriage, executive power, surveillance, or freedom of speech, debates have turned on choices made among the four Personae?choices that derive as much from psychology as constitutional theory. Sunstein himself defends a form of minimalism, arguing that it is the best approach in a self-governing society of free people. More broadly, he casts a genuinely novel light on longstanding disputes over the proper way to interpret the constitution, demonstrating that behind virtually every decision and beneath all of the abstract theory lurk the four Personae. By emphasizing the centrality of character types, Sunstein forces us to rethink everything we know about how the Supreme Court works.

"Cass Sunstein provides an enlightening look at the different ways to approach the Constitution. In doing so, he transcends ideology and helps us appreciate different perspectives. He also shows the virtue of his own favorite approach, that of minimalism, which seeks to respect traditions and long-settled practices." -Walter Isaacson, President and CEO of the Aspen Institute, and author of The Innovators

"In this remarkable addition to Oxford University Press' 'Inalienable Rights' series on the American Constitution, Cass Sunstein persuasively speaks not to theories of constitutional interpretation, but to four archetypical judicial personalities reflected in opinion-writing, and in doing so he opens up an imaginative new perspective for appreciating our constitutional history." -Peter L. Strauss, Betts Professor of Law, Columbia Law School

"In Constitutional Personae, Cass Sunstein analyzes judicial review in the United States in terms of four personalities or archetypes. He shows how this model illuminates a wide range of questions, and he offers a subtle restatement and defense of his favorite persona, the constitutional minimalist. Filled to the brim with insights, this is a splendid and imaginative contribution to constitutional theory." -Jack Balkin, Knight Professor of Constitutional Law, Yale Law School

"A novel approach...carefully reasoned and clearly explained, Sunstein's approach offers a more insightful way of analyzing the positions of individual justices than resorting to simplistic ideologies." - Kirkus Reviews

"[A] valuable study of the different approaches that Supreme Court justices take in deciding cases...Given the significance of recent Supreme Court decisions on such issues as campaign finance, health care coverage, and marriage equality, Sunstein has performed a public service by enabling a better comprehension of how these judgments are reached." -Publishers Weekly

"Constitutional Personae has all sorts of treasures in it. Its classifications are illuminating." - The New York Review of Books

© 2019 W. F. Howes Ltd (Lydbog): 9781528891721

Udgivelsesdato

Lydbog: 14. november 2019

Tags

    Andre kan også lide...

    1. Business Ethics for Better Behavior
      Business Ethics for Better Behavior Jason Brennan, William English, John Hasnas, Peter Jaworski
    2. Maxims for Thinking Analytically: The Wisdom of Legendary Harvard Professor Richard Zeckhauser
      Maxims for Thinking Analytically: The Wisdom of Legendary Harvard Professor Richard Zeckhauser Dan Levy
    3. The Cost-Benefit Revolution
      The Cost-Benefit Revolution Cass R. Sunstein
    4. The Intention Economy: When Customers Take Charge
      The Intention Economy: When Customers Take Charge Doc Searls
    5. Critical Decisions
      Critical Decisions Peter A. Ubel
    6. Create the Future: Tactics for Disruptive Thinking
      Create the Future: Tactics for Disruptive Thinking Jeremy Gutsche
    7. Powers of Two: How Relationships Drive Creativity
      Powers of Two: How Relationships Drive Creativity Joshua Wolf Shenk
    8. The High-Potential Leader: How to Grow Fast, Take on New Responsibilities, and Make an Impact
      The High-Potential Leader: How to Grow Fast, Take on New Responsibilities, and Make an Impact Ram Charan
    9. Creating and Capturing Value through Crowdsourcing
      Creating and Capturing Value through Crowdsourcing Allan Afuah, Christopher L. Tucci, Gianluigi Viscusi
    10. AI and the Future of the Public Sector: The Creation of Public Sector 4.0
      AI and the Future of the Public Sector: The Creation of Public Sector 4.0 Tony Boobier
    11. Curve Benders: How Strategic Relationships Can Power Your Non-linear Growth in the Future of Work
      Curve Benders: How Strategic Relationships Can Power Your Non-linear Growth in the Future of Work David Nour
    12. Office Shock: Creating Better Futures for Working and Living
      Office Shock: Creating Better Futures for Working and Living Bob Johansen, Joseph Press, Christine Bullen
    13. Competition Overdose: How Free Market Mythology Transformed Us from Citizen Kings to Market Servants
      Competition Overdose: How Free Market Mythology Transformed Us from Citizen Kings to Market Servants Maurice E. Stucke, Ariel Ezrachi
    14. Leverage: How Cheap Money Will Destroy the World
      Leverage: How Cheap Money Will Destroy the World Charles Hugh Smith, Karl Denninger
    15. How Change Happens
      How Change Happens Cass R. Sunstein
    16. Brilliant Mistakes: Finding Success on the Far Side of Failure
      Brilliant Mistakes: Finding Success on the Far Side of Failure Paul J.H. Schoemaker
    17. The Knowledge Gene
      The Knowledge Gene Lynne Kelly
    18. Choosing Not to Choose: Understanding the Value of Choice
      Choosing Not to Choose: Understanding the Value of Choice Cass R. Sunstein
    19. Business Ethics: What Everyone Needs to Know
      Business Ethics: What Everyone Needs to Know Lynn A. Stout, J.S. Nelson
    20. Elevate the Debate: A Multi-layered Approach to Communicating Your Research
      Elevate the Debate: A Multi-layered Approach to Communicating Your Research Jonathan Schwabish
    21. Divestitures: CREATING VALUE THROUGH STRATEGY, STRUCTURE, AND IMPLEMENTATION
      Divestitures: CREATING VALUE THROUGH STRATEGY, STRUCTURE, AND IMPLEMENTATION Emilie R. Feldman
    22. The Datapreneurs: The Promise of AI and the Creators Building Our Future
      The Datapreneurs: The Promise of AI and the Creators Building Our Future Bob Muglia
    23. The Boomerang Principle: Inspire Lifetime Loyalty from Your Employees
      The Boomerang Principle: Inspire Lifetime Loyalty from Your Employees Lee Caraher
    24. The Gen Z Effect: The Six Forces Shaping the Future of Business
      The Gen Z Effect: The Six Forces Shaping the Future of Business Dan Keldsen, Tom Koulopoulos
    25. The DevSecOps Playbook: Deliver Continuous Security at Speed
      The DevSecOps Playbook: Deliver Continuous Security at Speed Sean D. Mack
    26. Business Models for the Social Mobile Cloud: Transform Your Business Using Social Media, Mobile Internet, and Cloud Computing
      Business Models for the Social Mobile Cloud: Transform Your Business Using Social Media, Mobile Internet, and Cloud Computing Ted Shelton
    27. Judgment Calls: Twelve Stories of Big Decisions and the Teams That Got Them Right
      Judgment Calls: Twelve Stories of Big Decisions and the Teams That Got Them Right Thomas H Davenport, Brook Manville
    28. The Innovation Blind Spot: Why We Back the Wrong Ideas – and What to Do About It: Why We Back the Wrong Ideas--and What to Do About It
      The Innovation Blind Spot: Why We Back the Wrong Ideas – and What to Do About It: Why We Back the Wrong Ideas--and What to Do About It Ross Baird
    29. The New Corporate Facts Life: Rethink Your Business to Transform Today's Challenges into Tomorrow's Profits
      The New Corporate Facts Life: Rethink Your Business to Transform Today's Challenges into Tomorrow's Profits Diana Rivenburgh
    30. $700 Billion Bailout: The Emergency Economic Stabilization Act and What It Means to You, Your Money, Your Mortgage and Your Taxes
      $700 Billion Bailout: The Emergency Economic Stabilization Act and What It Means to You, Your Money, Your Mortgage and Your Taxes Paul Muolo
    31. Missed Information: Better Information for Building a Wealthier, More Sustainable Future
      Missed Information: Better Information for Building a Wealthier, More Sustainable Future David Sarokin, Jay Schulkin
    32. Pitch the Perfect Investment: The Essential Guide to Winning on Wall Street
      Pitch the Perfect Investment: The Essential Guide to Winning on Wall Street Paul Johnson, Paul D. Sonkin
    33. Head in the Cloud: Why Knowing Things Still Matters When Facts Are So Easy to Look Up
      Head in the Cloud: Why Knowing Things Still Matters When Facts Are So Easy to Look Up William Poundstone
    34. The Strategy Activation Playbook: A Practical Approach to Bringing Your Strategies to Life
      The Strategy Activation Playbook: A Practical Approach to Bringing Your Strategies to Life Aric Wood
    35. Decision Intelligence: Transform Your Team and Organization with AI-Driven Decision-Making
      Decision Intelligence: Transform Your Team and Organization with AI-Driven Decision-Making Thorsten Heilig, Ilhan Scheer
    36. Will College Pay Off?: A Guide to the Most Important Financial Decision You'll Ever Make
      Will College Pay Off?: A Guide to the Most Important Financial Decision You'll Ever Make Peter Cappelli
    37. Shockproof: How to Hardwire Your Business for Lasting Success
      Shockproof: How to Hardwire Your Business for Lasting Success Juan Pablo Gonzlez, Debra Jacobs, Garrett Sheridan
    38. The Contrarian's Guide to Leadership
      The Contrarian's Guide to Leadership Steven B. Sample

    Vælg dit abonnement

    • Over 1 million titler

    • Download og nyd titler offline

    • Eksklusive titler + Mofibo Originals

    • Børnevenligt miljø (Kids Mode)

    • Det er nemt at opsige når som helst

    Den mest populære

    Premium

    For dig som lytter og læser ofte.

    129 kr. /måned

    • 1 konto

    • 100 timer/måned

    • Eksklusivt indhold hver uge

    • Fri lytning til podcasts

    • Ingen binding

    Prøv gratis

    Unlimited

    For dig som lytter og læser ubegrænset.

    159 kr. /måned

    50% rabat i 3 måneder
    • 1 konto

    • Ubegrænset timer

    • Eksklusivt indhold hver uge

    • Fri lytning til podcasts

    • Ingen binding

    Start tilbuddet

    Family

    For dig som ønsker at dele historier med familien.

    Fra 179 kr. /måned

    • 2-6 konti

    • 100 timer/måned pr. konto

    • Fri lytning til podcasts

    • Kun 39 kr. pr. ekstra konto

    • Ingen binding

    Dig + 1 familiemedlem

    2 konti

    179 kr. /måned

    Start tilbuddet

    Flex

    For dig som vil prøve Mofibo.

    89 kr. /måned

    • 1 konto

    • 20 timer/måned

    • Gem op til 100 ubrugte timer

    • Eksklusivt indhold hver uge

    • Fri lytning til podcasts

    • Ingen binding

    Prøv gratis