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Beyond the Constitution - Hadley Arkes

Beyond the Constitution

Paperback

Published: 28th September 1992
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Hadley Arkes argues that it is necessary to move "beyond the Constitution," to the principles that stood antecedent to the text, if we are to understand the text and apply the Constitution to the cases that arise every day in our law.

"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

Acknowledgementsp. ix
Introductionp. 3
The "Reasoning Spirit" of the Constitutionp. 21
Moving Beyond the Textp. 40
On the Dangers of a Bill of Rights: Restating the Federalist Argumentp. 58
Life among the Clausesp. 81
The Sweep of Civil Rights and the Maze of Federalismp. 112
On the Art of "Incorporating" Rightsp. 150
Incriminations: Self, and Othersp. 173
Neonates and Reprobates: The Reach of a Government Competent to Its Endsp. 206
Notesp. 249
Indexp. 273
Table of Contents provided by Syndetics. All Rights Reserved.

ISBN: 9780691025544
ISBN-10: 0691025541
Audience: Tertiary; University or College
Format: Paperback
Language: English
Number Of Pages: 292
Published: 28th September 1992
Country of Publication: US
Dimensions (cm): 23.22 x 15.85  x 1.88
Weight (kg): 0.44