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Uncovering the Constitution's Moral Design
     

Uncovering the Constitution's Moral Design

by Paul R. DeHart
 

ISBN-10: 0826217605

ISBN-13: 9780826217608

Pub. Date: 11/01/2007

Publisher: University of Missouri Press

 

Rejecting the standard approach of the intellectual historian, DeHart applies the method of inference to the best explanation to ascertaining our Constitution’s moral meaning. He distinguishes the Constitution’s intention from the subjective intentions of the framers, teasing out presuppositions that the document makes about the nature of

Overview

 

Rejecting the standard approach of the intellectual historian, DeHart applies the method of inference to the best explanation to ascertaining our Constitution’s moral meaning. He distinguishes the Constitution’s intention from the subjective intentions of the framers, teasing out presuppositions that the document makes about the nature of sovereignty, the common good, natural law, and natural rights. He then argues that the Constitution constrains popular sovereignty in a way that entails a real common good, transcendent of human willing and promotive of human well being; but he points out that while the Constitution presupposes a real common good, it also implies a natural law that prescribes the common good. In critiquing previous attempts at describing and evaluating the Constitution’s normative framework, DeHart demonstrates that the Constitution’s moral framework corresponds largely to classical moral theory.

Product Details

ISBN-13:
9780826217608
Publisher:
University of Missouri Press
Publication date:
11/01/2007
Edition description:
bibliography, index, table, charts
Pages:
312
Product dimensions:
6.13(w) x 9.25(h) x 1.00(d)
Age Range:
18 Years

Table of Contents

Acknowledgments ix

1 Constitutional Presuppositions 1

2 Inferring Moral Assumptions 33

3 The Constitution's Theory of Sovereignty 70

4 The Constitution and the Common Good 114

5 The Constitution's Theory of Natural Law 158

6 The Constitution's Theory of Natural Rights 207

7 Is the Constitution Any Good? 242

Bibliography 275

Index 287

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