Synopses & Reviews
To Secure These Rights enters the fascinating--and often contentious--debate over constitutional interpretation. Scott Douglas Gerber here argues that the Constitution of the United States should be interpreted in light of the natural rights political philosophy of the Declaration of Independence and that the Supreme Court is the institution of American government that should be primarily responsible for identifying and applying that philosophy in American life.
Importantly, the theory advanced in this book--what Gerber calls liberal originalism--is neither consistently liberal nor consistently conservative in the modern conception of those terms. Rather, the theory is liberal in the classic sense of viewing the basic purpose of government to be safeguarding the natural rights of individuals. As Thomas Jefferson wrote in the Declaration of Independence, to secure these rights, governments are instituted among men. In essence, Gerber maintains that the Declaration articulates the philosophical ends of our nation and that the Constitution embodies the means to effectuate those ends. Gerber's analysis reveals that the Constitution cannot be properly understood without recourse to history, political philosophy, and law.
Review
"A delight to read. . . . Gerber states the principles of a liberal originalism far more clearly and accessibly than any other work on constitutional interpretation. . . . a rare and welcome addition."
"Highly recommended. To be commended for seeking to find a firmer guide to constitutional meanings than the personal predilections of judges."
"A distinctive contribution to the debate over the `return to a jurisprudence of original intent.' Gerber's thesis is provocative and will not sit well with either liberal or conservative advocates of a `jurisprudence of original intent' or their critics."
Review
"Michael Hughes provides the most fully developed and most highly nuanced account of motivation among the troops who composed Napoleons Grande Armée. Founded upon extensive research and enlightened by new cultural and gendered approaches, his volume traces the evolution of Napoleons efforts to inspire, and manipulate, his soldiers and the effects of those efforts on officers and the rank and file. Hughess application of new categories of analysis is not simply a voguish surface gloss; it is fundamental to the traditional military subjects he examines. His treatment of the evolution of military honor is particularly impressive - absolutely the finest available - and his innovative exposition of how the lure of sexual opportunity tempted the troops is a revelation. Forging Napoleon's Grande Armée is a must read."-John A. Lynn,
Review
What were the values that helped to make Napoleons armies the formidable fighting force they became? In this highly innovative study Michael Hughes shows how notions of honour became redefined to reward talent and courage and appeal to a sense of martial masculinity, while maintaining the sense of patriotic virtue that had been so potent during the Revolutionary years. The book is interdisciplinary in its approach, drawing on military studies and gender theory to create a highly convincing picture of the military culture of the Napoleonic era.-Alan Forrest,
Review
"Michael Hughes has produced a fascinating study exploring the motivation of French soldiers during the Napoleonic Era, and the process through which they became Napoleon's men. Hughes book is an important contribution to the historiography of martial culture. He does well to integrate various historical methodologies, producing an intelligent and well conceived book that provides another dimension to Napoleonic military history."-Frederick C. Schneid,
Synopsis
To Secure These Rights enters the fascinating--and often contentious--debate over constitutional interpretation. Scott Douglas Gerber here argues that the Constitution of the United States should be interpreted in light of the natural rights political philosophy of the Declaration of Independence and that the Supreme Court is the institution of American government that should be primarily responsible for identifying and applying that philosophy in American life.
Importantly, the theory advanced in this book--what Gerber calls liberal originalism--is neither consistently liberal nor consistently conservative in the modern conception of those terms. Rather, the theory is liberal in the classic sense of viewing the basic purpose of government to be safeguarding the natural rights of individuals. As Thomas Jefferson wrote in the Declaration of Independence, to secure these rights, governments are instituted among men. In essence, Gerber maintains that the Declaration articulates the philosophical ends of our nation and that the Constitution embodies the means to effectuate those ends. Gerber's analysis reveals that the Constitution cannot be properly understood without recourse to history, political philosophy, and law.
Description
Includes bibliographical references (p. 205-294) and index.
About the Author
Scott Douglas Gerber, Ph.D., J.D., is author of To Secure These Rights: The Declaration of Independence and Constitutional Interpretation and editor of Seriatim: The Supreme Court before John Marshall, both available from New York University Press. He teaches at Ohio Northern University College of Law.