Shifting Foundations and Historical Contingencies

ISBN-13: 9783639064117 / Angielski / Miękka / 2008 / 184 str.

David Ritchie

Opis

This project is a deconstruction both of the liberal mechanisms employed by contemporary political founders to approximate their goals, and the grouping of these mechanisms into totalizing wholes which are designed to constitute the terms of social, political and legal organization. In so doing, this book explores the question of whether positivist constitutionalism is sufficient to create and structure a healthy social group. The author maintains that such a reliance on empty formalism is not sufficient to accomplish this task. Ultimately, the author suggests that the organic elements of culture, tradition and social practices of a nation engaged in constitutional formation must be incorporated into a constitution in order for that text to be authentically linked to the forming or re-forming nation.

O autorze

Ritchie, David David Ritchie teaches at the Walter F. George School of Law at Mercer University in Macon, Georgia. He holds a Ph.D. in Social, Political and Legal Philosophy from the University of Oregon. He received his LL.M. degree from the Temple University School of Law, and his J.D., cum laude, from the Howard University School of Law. He was also a Visiting Scholar at New York University. Dr. Ritchie has taught law school courses at three American law schools, and philosophy courses at several undergraduate institutions. Finally, he teaches and lectures widely In Brazil, where he is on the affiliated faculty at the Gama Filho University in Rio de Janeiro.