Beyond the Constitution / Edition 1

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Overview

"No thinker today brings greater intellectual verve and subtlety to delineating the connections between law and moral judgment than Hadley Arkes."—Richard John Neuhaus, President, Institute for Religion and Public Life

"The most significant work on the Constitution in the decade since John Ely's Democracy and Distrust . . . .Beyond the Constitution is 'must' reading."—Gerard V. Bradley, University of Illinois, College of Law

"That whose soul is brevity has been bestowed on Hadley Arkes in abundance . . . . [The] founding fathers would recognize in Arkes a kindred spirit. Here erudition and common sense are combined and bad arguments get what they deserve. One is reminded of Aristotle's definition of wit—well-bred insolence."—Ralph McInerny, University of Notre Dame

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Editorial Reviews

American Political Science Review - Gary J. Jacobsohn
The most illuminating reconsideration of natural rights jurisprudence produced in many years.
From the Publisher
"The most illuminating reconsideration of natural rights jurisprudence produced in many years."—Gary J. Jacobsohn, American Political Science Review

"Arkes brilliantly reexamines the jurisprudence of natural rights.... He deftly chews up and spits out Ely, Dworkin, and Tribe with erudition, vision, and a witty style. His ideas are highly controversial, stimulating, and often very attractive. They are full of common sense. This is a beautifully written book, full of flashes of insight, sometimes provoking thunderous laughter."—Appellate Practice Journal

American Political Science Review
The most illuminating reconsideration of natural rights jurisprudence produced in many years.
— Gary J. Jacobsohn
Appellate Practice Journal
Arkes brilliantly reexamines the jurisprudence of natural rights.... He deftly chews up and spits out Ely, Dworkin, and Tribe with erudition, vision, and a witty style. His ideas are highly controversial, stimulating, and often very attractive. They are full of common sense. This is a beautifully written book, full of flashes of insight, sometimes provoking thunderous laughter.
Read More Show Less

Product Details

  • ISBN-13: 9780691025544
  • Publisher: Princeton University Press
  • Publication date: 9/8/1992
  • Edition description: Reprint
  • Edition number: 1
  • Pages: 288
  • Sales rank: 558,063
  • Product dimensions: 6.24 (w) x 9.14 (h) x 0.74 (d)

Table of Contents

Acknowledgements ix
1 Introduction 3
2 The "Reasoning Spirit" of the Constitution 21
3 Moving Beyond the Text 40
4 On the Dangers of a Bill of Rights: Restating the Federalist Argument 58
5 Life among the Clauses 81
6 The Sweep of Civil Rights and the Maze of Federalism 112
7 On the Art of "Incorporating" Rights 150
8 Incriminations: Self, and Others 173
9 Neonates and Reprobates: The Reach of a Government Competent to Its Ends 206
Notes 249
Index 273
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