Constitutional Mythologies
Constitutional Mythologies

Author: Alain Marciano

Publisher: Springer Science & Business Media

Published: 2011-08-02

Total Pages: 179

ISBN-13: 1441967842

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Our societies obviously rest on common beliefs. These "myths" are tools that help us to develop and build common identities; they form the structure around which societies function. This does not imply that these beliefs are “true,” in the sense that they would be supported by empirical facts. In social matters, myths have undoubtedly important functions to play even if no empirical facts support them. On the other hand, and precisely because they are not discussed, myths may be problematic: they may create illusions, conserve structures that are inefficient and unable to improve the situation of citizens. This is particularly true with constitutions. Constitutions are very important for societies: a constitution is a document — even in societies based on “unwritten” constitutions — which binds citizens together, creating unity among them, and which forms the framework within which our activities take place. As Nobel Prize laureate James Buchanan used to say: constitutions contain the rules of the social game we play in our everyday life. However, constitutions are not frequently debated by citizens. This is why we end up with common beliefs about these constitutions: they are above our heads, around us. We take them, their role, function, and nature as given. The purpose of this volume to investigate and challenge common constitutional myths. Featuring contributions from prominent economists, political scientists, and legal scholars, the chapters in this volume address such myths as “constitutions are binding social contracts,” “constitutions are economic documents” and “constitutions are legal documents.” Illustrating their analyses with historical and contemporary examples from the United States, Canada, and Europe, the authors build a multi-layered approach to understanding constitutions and their implications for social and political influence.

Wrong and Dangerous
Wrong and Dangerous

Author: Garrett Epps

Publisher: Rowman & Littlefield Publishers

Published: 2012-09-16

Total Pages: 229

ISBN-13: 1442216786

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The primary purpose of the United States Constitution is to limit Congress. There is no separation of church and state. The Second Amendment allows citizens to threaten the government. These are just a few of the myths about our constitution peddled by the Far Right—a toxic coalition of Fox News talking heads, radio hosts, angry “patriot” groups, and power-hungry Tea Party politicians. Well-funded, loud, and unscrupulous, they are trying to do to America’s founding document what they have done to global warming and evolution—wipe out the facts and substitute partisan myth. In the process, they seek to cripple the right of We the People to govern ourselves. In Wrong and Dangerous, legal scholar Garrett Epps provides the tools needed to fight back against the flood of constitutional nonsense. In terms every citizen can understand, he tackles ten of the most prevalent myths, providing a clear grasp of the Constitution and the government it established.

Constitutional Myths
Constitutional Myths

Author: Ray Raphael

Publisher: The New Press

Published: 2013-03-05

Total Pages: 338

ISBN-13: 1595588388

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Americans of late have taken to waving the Constitution in the air and proclaiming, "The founders were on MY side! See, it's all right here!" But these phantom constitutions bear little relation to the historical one. By entering the world of the Constitution's framers, and experiencing it one day after the next as they did, Ray Raphael helps us understand how and why they created the document they did. Casting aside preconceptions and commonly held beliefs, he asks provocative questions that get to the heart of the document and its purposes: Was the aim of the Constitution really to limit government? Why didn't the framers include a Bill of Rights? Did they hate taxes? Was James Madison actually the "Father of the Constitution," as proclaimed in our textbooks? Can we find the true meaning of the Constitution by reading The Federalist Papers or by revealing the framers' "original intent"? The answers to these questions are bound to surprise and enlighten. Before we can consider what the framers would do if they were alive today, we first need to see what they did during their own time, not in our terms, but theirs. Only then can we begin to resolve the sweeping question that affects us all: what does the Constitution, written at a different time, mean for us today? With this meticulously researched historical tour de force, Raphael sets the record straight—and sounds a vital call for a reasoned and evidence-driven debate about our founding document.

Constitutional Semiotics
Constitutional Semiotics

Author: Martin Belov

Publisher: Bloomsbury Publishing

Published: 2022-06-30

Total Pages: 368

ISBN-13: 1509931422

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This book offers an outline of the foundations of a theory of constitutional semiotics. It provides a systematic account of the concept of constitutional semiotics and its role in the representation and signification of meaning in constitution, constitutional law, and constitutionalism. The book explores the constitutional signification of meaning that is stretched between rational entrenchment and constitutional imagination. It provides a critical assessment of the rationalist entrapment of constitutional modernity and justifies the need to turn to 'shadow constitutionalisms': textual, symbolic-imaginary and visual constitutionalism. The book puts forward innovative incentives for constitutional analysis based on constitutional semiotics as a paradigm for representation of meaning in rational, textual, symbolic-imaginary and visual constitutionalism. The book focuses on the textual, imaginative, and visual discourse of constitutionalism, which is built upon collective constitutional imaginaries and on the peculiar normativity of constitutional geometry and constitutional mythology as borderline phenomena entrenched in rational, textual, symbolic-imaginary and visual constitutionalism. The book analyses concepts such as: constitutional text and texture, authoritative constitutional narratives and authoritative constitutional narrators, constitutional semiotic community, constitutional utopia, constitutional taboo, normative ideology and normative ideas, constitutional myth and mythology, constitutional symbolism, constitutional code and constitutional geometric form. It explores the textual entrenchment of constitutionalism and its repercussions for representation and signification of meaning.

Founding Myths
Founding Myths

Author: Ray Raphael

Publisher: New Press, The

Published: 2014-07-04

Total Pages: 434

ISBN-13: 159558949X

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First published ten years ago, award-winning historian Ray Raphael’s Founding Myths has since established itself as a landmark of historical myth-busting. With the author’s trademark wit and flair, Founding Myths exposes the errors and inventions in America’s most cherished tales, from Paul Revere’s famous ride to Patrick Henry’s “Liberty or Death” speech. For the seventy thousand readers who have been captivated by Raphael’s eye-opening accounts, history has never been the same. In this revised tenth-anniversary edition, Raphael revisits the original myths and explores their further evolution over the past decade, uncovering new stories and peeling back additional layers of misinformation. This new edition also examines the highly politicized debates over America’s past, as well as how school textbooks and popular histories often reinforce rather than correct historical mistakes. A book that “explores the truth behind the stories of the making of our nation” (National Public Radio), this revised edition of Founding Myths will be a welcome resource for anyone seeking to separate historical fact from fiction.

Common Good Constitutionalism
Common Good Constitutionalism

Author: Adrian Vermeule

Publisher: John Wiley & Sons

Published: 2022-02-08

Total Pages: 171

ISBN-13: 1509548882

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The way that Americans understand their Constitution and wider legal tradition has been dominated in recent decades by two exhausted approaches: the originalism of conservatives and the “living constitutionalism” of progressives. Is it time to look for an alternative? Adrian Vermeule argues that the alternative has been there, buried in the American legal tradition, all along. He shows that US law was, from the founding, subsumed within the broad framework of the classical legal tradition, which conceives law as “a reasoned ordering to the common good.” In this view, law’s purpose is to promote the goods a flourishing political community requires: justice, peace, prosperity, and morality. He shows how this legacy has been lost, despite still being implicit within American public law, and convincingly argues for its recovery in the form of “common good constitutionalism.” This erudite and brilliantly original book is a vital intervention in America’s most significant contemporary legal debate while also being an enduring account of the true nature of law that will resonate for decades with scholars and students.

Myths and Legends of Ancient Greece and Rome
Myths and Legends of Ancient Greece and Rome

Author: E. M. Berens

Publisher: e-artnow

Published: 2021-08-02

Total Pages: 245

ISBN-13:

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"Myths and Legends of Ancient Greece and Rome " is a comprehensive mythology collection, presenting all the major and minor gods of Rome and Greece, with descriptions of festivals and retellings of major mythological stories. The author, thoroughly details each Greek and Roman god, goddess, hero, demi-god and creature and gives the reader a clear and succinct idea of the religious beliefs of the ancients. An exceptional book for those interested in Greek or Roman mythology.

The Politics of Myth
The Politics of Myth

Author: Robert Ellwood

Publisher: State University of New York Press

Published: 1999-08-26

Total Pages: 232

ISBN-13: 1438402023

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The Politics of Myth examines the political views implicit in the mythological theories of three of the most widely read popularizers of myth in the twentieth century, C. G. Jung, Mircea Eliade, and Joseph Campbell. All three had intellectual roots in the anti-modern pessimism and romanticism that also helped give rise to European fascism, and all three have been accused of fascist and anti-Semitic sentiments. At the same time, they themselves tended toward individualistic views of the power of myth, believing that the world of ancient myth contained resources that could be of immense help to people baffled by the ambiguities and superficiality of modern life. Robert Ellwood details the life and thought of each mythologist and the intellectual and spiritual worlds within which they worked. He reviews the damaging charges that have been made about their politics, taking them seriously while endeavoring to put them in the context of the individual's entire career and lifetime contribution. Above all, he seeks to extract from their published work the view of the political world that seems most congruent with it.

Mythologies of State and Monopoly Power
Mythologies of State and Monopoly Power

Author: Michael Tigar

Publisher: NYU Press

Published: 2018-09-24

Total Pages: 116

ISBN-13: 1583677445

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An analysis of the mythologies that influence the American legal system “Mythologies,” writes veteran human rights lawyer Michael Tigar, “are structures of words and images that portray people, institutions, and events in ways that mask an underlying reality.” For instance, the “Justice Department” appears, by its very nature and practice, to appropriate “justice” as the exclusive property of the federal government. In his brilliantly acerbic collection of essays, Tigar reveals, deconstructs, and eviscerates mythologies surrounding the U.S. criminal justice system, racism, free expression, workers’ rights, and international human rights. Lawyers confront mythologies in the context of their profession. But the struggle for human liberation makes mythology-busting the business of all of us. The rights we have learned to demand are not only trivialized in our current system of social relations; they are, in fact, antithetical to that system. With wit and eloquence, Michael Tigar draws on legal cases, philosophy, literature, and fifty-years’ experience as an attorney, activist, and teacher to bust the mythologies and to argue for real change.