ISBN-10:
0199793379
ISBN-13:
9780199793372
Pub. Date:
08/14/2015
Publisher:
Oxford University Press
Fidelity to Our Imperfect Constitution: For Moral Readings and Against Originalisms

Fidelity to Our Imperfect Constitution: For Moral Readings and Against Originalisms

by James E. Fleming

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Product Details

ISBN-13: 9780199793372
Publisher: Oxford University Press
Publication date: 08/14/2015
Pages: 264
Product dimensions: 6.20(w) x 9.30(h) x 3.10(d)

About the Author

James E. Fleming is Professor of Law and The Honorable Frank R. Kenison Distinguished Scholar in Law at Boston University School of Law. He authored Ordered Liberty: Rights, Responsibilities, and Virtues (2013, with Linda C. McClain); Constitutional Interpretation: The Basic Questions (Oxford University Press, 2007, with Sotirios A. Barber); Securing Constitutional Democracy: The Case of Autonomy (2006); and American Constitutional Interpretation (5th ed., 2014, with Walter F. Murphy, Sotirios A. Barber & Stephen Macedo). He is the former Editor of Nomos, the annual book of the American Society for Political and Legal Philosophy.

Table of Contents

Acknowledgments

Chapter 1. Are We All Originalists Now? I Hope Not!


Part I. The New Originalism and Its Originalist Discontents

Chapter 2. The New Originalist Manifesto

Chapter 3. Fidelity, Change, and the Good Constitution


Part II. A Moral Reading or Philosophic Approach

Chapter 4. Fidelity Through a Moral Reading or Philosophic Approach

Chapter 5. The Place of Precedent and Common Law Constitutional Interpretation

Part III. Living Originalism and Living Constitutionalism as Moral Readings

Chapter 6. Fidelity Through Living Originalism: Redeeming the Promises of the Constitution

Chapter 7. Fidelity to Our Living Constitution: Honoring the Achievements of We the People


Part IV. Fidelity to Our Imperfect Constitution

Chapter 8. Is It Time to Rewrite the Constitution? Fidelity Through Perfecting Our Imperfect
Constitution

Epilogue

Index

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