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The Nature of Rights at the American Founding and Beyond (Constitutionalism and Democracy)From Brand: University of Virginia Press
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Americans have been claiming and defending rights since long before the nation achieved independence. But few Americans recognize how profoundly the nature of rights has changed over the past three hundred years. In The Nature of Rights at the American Founding and Beyond, Barry Alan Shain gathers together essays by some of the leading scholars in American constitutional law and history to examine the nature of rights claims in eighteenth-century America and how they differed, if at all, from today’s understandings. Was America at its founding predominantly individualistic or, in some important way, communal? Similarly, which understanding of rights was of greater centrality: the historical "rights of Englishmen" or abstract natural rights? And who enjoyed these rights, however understood? Everyone? Or only economically privileged and militarily responsible male heads of households?
The contributors also consider how such concepts of rights have continued to shape and reshape the American experience of political liberty to this day. Beginning with the arresting transformation in the grounding of rights prompted by the American War of Independence, the volume moves through what the contributors describe as the "Founders’ Bill of Rights" to the "second" Bill of Rights that coincided with the Civil War, and ends with the language of rights erupting from the horrors of the Second World War and its aftermath in the Cold War. By asking what kind of nation the founding generation left us, or intended to leave us, the contributors are then able to compare that nation to the nation we have become. Most, if not all, of the essays demonstrate that the nature of rights in America has been anything but constant, and that the rights defended in the late eighteenth century stand at some distance from those celebrated today.
Contributors:Akhil Reed Amar, Yale University * James H. Hutson, Library of Congress * Stephen Macedo, Princeton University * Richard Primus, University of Michigan * Jack N. Rakove, Stanford University * John Phillip Reid, New York University * Daniel T. Rodgers, Princeton University * A. Gregg Roeber, Pennsylvania State University * Barry Alan Shain, Colgate University * Rogers M. Smith, University of Pennsylvania * Leif Wenar, University of Sheffield * Gordon S. Wood, Brown University
- Sales Rank: #4509356 in Books
- Brand: Brand: University of Virginia Press
- Published on: 2013-03-01
- Original language: English
- Number of items: 1
- Dimensions: 9.21" h x .79" w x 6.14" l, 1.20 pounds
- Binding: Paperback
- 352 pages
- Used Book in Good Condition
Review
"Professor Shain has assembled the leading thinkers on the American Founding. Their essays summarize the best works over the past few years on rights when the Constitution was ratified, and effectively demolish notions that rights today are what rights have always been.
(Mark A. GraberUniversity of Maryland, author of Dred Scott and the Problem of Constitutional Evil) About the Author
Barry Alan Shain, Associate Professor of Political Science at Colgate University, is the author of The Myth of American Individualism: The Protestant Origins of American Political Thought and Man, God, and Society: An Interpretive History of Individualism.
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4 of 4 people found the following review helpful.
A Gem of Legal History
By A. Wood
This collection of essays by leading historians of the time surrounding America's founding is invaluable to anyone who is interested in understanding much of the terminology that was "in the air" during that period.
Whether in pamphlets, sermons, bills of rights, constitutions, letters, or speeches the words used in the run-up to the colonies' split from Great Britain cannot be understood in a "self-evident" way (as some present-day academics would have us believe). The essays in this volume offer important contextual analysis when it comes to figuring out exactly what the Founders meant when they spoke of "rights" and what this meant for the cause of revolution and the founding of a new nation.
If you want to begin to get a grasp on the legal philosophy of the Founding era then this book should be at the top of your list. No one should attempt to tackle this area of legal intellectual history without surveying these writers and their works here. Many speak today about the rhetoric of the Founding without actually attempting to understand what the Founders themselves meant when they used words like "rights." This book will help immerse the reader in the intellectual climate of the time and cut through some of the polemic-infused arguments of some current thinkers.
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