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Social Contract Theory in American Jurisprudence: Too Much Liberty and Too Much Authority by Thomas R. Pope (Hardcover, 2013)

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Despite decades of attempts and the best intentions of its members, the United States Supreme Court has failed to develop a coherent jurisprudence regarding the state's proper relationship to the individual. Without some objective standard upon which to ground jurisprudence, decisions have moved along a spectrum between freedom and authority and back again, affecting issues as diverse as individual contractual liberties and the right to privacy. Social Contract Theory in American Jurisprudence seeks to reintroduce the lessons of modern political philosophy to offer a solution for this variable application of legal principle and to lay the groundwork for a jurisprudence consistent in both theory and practice. Thomas R. Pope's argument examines two exemplary court cases, Lochner v. New York and West Coast Hotel v. Parrish, and demonstrates how the results of these cases failed to achieve the necessary balance of liberty and the public good because they considered the matter in terms of a dichotomy. Pope explores our constitution's roots in social contract theory, looking particularly to the ideas of Thomas Hobbes for a jurisprudence that is consistent with the language and tradition of the Constitution, and that is also more effectually viable than existing alternatives. Pope concludes with an examination of recent cases before the Court, grounding his observations firmly within the developments of ongoing negotiation of jurisprudence. Addressing the current debate between individual liberty and government responsibility within the context of contemporary jurisprudence, Pope considers the implications of a Hobbesian founding for modern policy. This book will be particularly relevant to scholars of Constitutional Law, the American Founding, and Modern Political Theory.

Product Identifiers

Publisher
Taylor & Francis Ltd
ISBN-13
9780415824347
eBay Product ID (ePID)
158272711

Product Key Features

Author
Thomas R. Pope
Publication Name
Social Contract Theory in American Jurisprudence: Too Much Liberty and Too Much Authority
Format
Hardcover
Language
English
Subject
History
Publication Year
2013
Type
Textbook
Number of Pages
126 Pages

Dimensions

Item Height
229mm
Item Width
152mm
Item Weight
340g

Additional Product Features

Title_Author
Thomas R. Pope
Series Title
Routledge Research in American Politics and Governance
Country/Region of Manufacture
United Kingdom

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Social Contract Theory in American Jurisprudence: Too Much Liberty and Too Much Authority by Thomas R. Pope (Hardcover, 2013)

About this product

Product Information

Product Identifiers

Product Key Features

Dimensions

Additional Product Features

Best Selling in Adult Learning & University

Time Management by Peter Quarry (Paperback, 1986)

Complete Illustrated Encyclopedia of Dinosaurs & Prehistoric Creatures by Dixon Dougal (Paperback, 2014)

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Save on Adult Learning & University

Ford Falcon EF EL / Fairlane NF NL 1994 - 1998 Workshop Manual

Netter Atlas of Human Anatomy: Classic Regional Approach

Sapiens A Brief History of Humankind by Yuval Noah Harari Paperback Book NEW

BORN IN 1971?... 1951?BIRTHDAY...Australian Social History....Chrisi, Birthdays

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