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Legal Foundations of Inequality: Constitutionalism in the Americas, 17761860 [Pehme köide]

  • Formaat: Paperback / softback, 286 pages, kõrgus x laius x paksus: 216x140x16 mm, kaal: 370 g
  • Sari: Cambridge Studies in the Theory of Democracy
  • Ilmumisaeg: 02-Jan-2014
  • Kirjastus: Cambridge University Press
  • ISBN-10: 1107617812
  • ISBN-13: 9781107617810
Teised raamatud teemal:
  • Formaat: Paperback / softback, 286 pages, kõrgus x laius x paksus: 216x140x16 mm, kaal: 370 g
  • Sari: Cambridge Studies in the Theory of Democracy
  • Ilmumisaeg: 02-Jan-2014
  • Kirjastus: Cambridge University Press
  • ISBN-10: 1107617812
  • ISBN-13: 9781107617810
Teised raamatud teemal:
The long revolutionary movements that gave birth to constitutional democracies in the Americas were founded on egalitarian constitutional ideals. They claimed that all men were created equal and with similar capacities and also that the community should become self-governing. Following the first constitutional debates that took place in the region, these promising egalitarian claims, which gave legitimacy to the revolutions, soon fell out of favor. Advocates of a conservative order challenged both ideals and favored constitutions that established religion and created an exclusionary political structure. Liberals proposed constitutions that protected individual autonomy and rights but established severe restrictions on the principle of majority rule. Radicals favored an openly majoritarian constitutional organization that, according to many, directly threatened the protection of individual rights. This book examines the influence of these opposite views during the “founding period” of constitutionalism in countries including the United States, Argentina, Colombia, Chile, Ecuador, Mexico, Peru, and Venezuela and explores their legacy to our time.

This book explores the influence of opposing constitutional ideals during the “founding period” of constitutionalism in the Americas. Examining a range of countries including the United States, Argentina, Colombia, Chile, Ecuador, Mexico, Peru, and Venezuela, Roberto Gargarella outlines these views and traces their influence to the present day.

Arvustused

Most notable for its broad comparative approach is Roberto Gargarellas excellent study of evolving tensions between competing political projects in the nineteenth century and their impact on institutional arrangements that would affect inequality in later yearshe presents a provocative and nuanced understanding of the evolution of inequality, showing that there were moments in which the institutional arrangements underpinning inequality came under challenge or were in flux in Latin America. In this, his book provides a welcome alternative to the widespread notion that inequality in the region is simply a persistent legacy of colonial times -Roberto Patricio Korzeniewicz, University of Maryland, Latin American Research Review

Muu info

This book examines the influence of opposing constitutional ideals during the 'founding period' of constitutionalism in the Americas.
Acknowledgments ix
Introduction 1(8)
1 Radicalism: Honoring the General Will
9(81)
The Engine Of American History
9(3)
The History Of Radical Constitutionalism In America
12(7)
"A Government By Its Citizens In Mass"
19(4)
The People Against "The Few And The Great"
23(7)
Moral Populism: On The Tensions Between Radicalism And Individual Rights
30(8)
The Economy: The Agrarian Republic
38(7)
The Need For New Political Institutions
45(4)
Constitutionalism
49(5)
The Organization Of Power: A Strict Separation Of Powers
54(20)
Rights And The Cultivation Of Virtue
74(4)
From Political Rights To The Right To The Land: The Constitution As La Ley De La Tierra
78(4)
Radicalism And Constitutionalism In The Americas: A Balance
82(8)
2 Conservatism: The Moral Cement of Society
90(63)
The Endless Influence Of Conservatism
90(2)
Moral Perfectionism: Preventing The Loosening Of Moral Bonds
92(11)
Political Elitism: The Impossibility Of Democracy In A Society "Full Of Vices"
103(8)
The Constitution
111(6)
Conservative Constitutions And The Structure Of Power: "A Single Well-Directed Man"
117(13)
Rights: "To Form Customs And National Character"
130(6)
The Regeneration Of American Citizens
136(5)
Private Property And Political Rights: The Realm Of The Wealthy
141(5)
Conservatism And Constitutionalism In The Americas: A Balance
146(4)
The Conservative Legacy
150(3)
3 Liberalism: Between Tyranny and Anarchy
153(62)
The Sovereignty Of The Individual
153(4)
Moral Neutrality: A Wall Of Separation
157(6)
Political Neutrality: The Procedural View
163(4)
From The Sovereignty Of The People To The Sovereignty Of Reason
167(5)
The Economy: The Politics Of Laissez Faire
172(6)
Constitutionalism
178(2)
Rights: The Fight Against All Privileges
180(14)
The Organization Of Power: A System Of Checks And Balances
194(14)
Liberalism And Constitutionalism In The Americas: A Balance
208(7)
4 The Quest for Equality
215(34)
Ulysses' Disloyalty
215(2)
The Unfulfilled Promise Of Radicalism
217(3)
Liberalism: Stabilizing Its Own Program
220(3)
Liberals, Conservatives, And Political Inequality
223(4)
Political Inequalities: Were They Unavoidable?
227(3)
Egalitarianism And Politics: Recognizing The Value Of Public Discussion
230(5)
Egalitarianism And Rights: The Equal Value Of Each Person's Opinions
235(6)
The Egalitarian Constitution
241(8)
Bibliography 249(18)
Index 267
Roberto Gargarella is a Professor of Constitutional Theory and Political Philosophy at the Law School of the Universidad de Buenos Aires and the Universidad Di Tella and a researcher for CONICET in Buenos Aires and the Christian Michelsen Institute in Norway. He has also been a Visiting Fellow at Columbia, New York University, and Harvard and Visiting Professor at universities in Europe, Latin America, and the United States. He received a John Simon Guggenheim grant in 2000 and a Harry Frank Guggenheim grant in 20023 and has published on issues of legal and political philosophy, as well as on US and Latin American constitutionalism.