Welfare and the ConstitutionPrinceton University Press, 2009 M01 10 - 192 páginas Welfare and the Constitution defends a largely forgotten understanding of the U.S. Constitution: the positive or "welfarist" view of Abraham Lincoln and the Federalist Papers. Sotirios Barber challenges conventional scholarship by arguing that the government has a constitutional duty to pursue the well-being of all the people. He shows that James Madison was right in saying that the "real welfare" of the people must be the "supreme object" of constitutional government. With conceptual rigor set in fluid prose, Barber opposes the shared view of America's Right and Left: that the federal constitutional duties of public officials are limited to respecting negative liberties and maintaining processes of democratic choice. |
Dentro del libro
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... common sense affirms: the possibility of error in any concrete judgment of what actually benefits a community and its members. 12 Goodin, “Reasons for Welfare,” 24. 13Norman Barry, Welfare (Minneapolis: EVERY STATE AWELFARE STATE 9.
... Barry is an example. Barry is a leading student of the welfare debate and generally a critic of what he calls the modern welfare state. At one point he contrasts two “line[s] of liberal welfare thinking,” one proceeding from Bentham and ...
... Barry concedes that “some collectivist criterion of welfare seems unavoidable even in the most individualistic of doctrines” (59). He quotes with approval Amartya Sen's view that it is hard to divorce the value of the market from the ...
... Barry that a broad sense of “welfare” departs from current political usage and trivializes the welfare debate. They will point out that the current subject of political debate is the variety and extent of relief for the poor—“poor ...
... constitution. Thus, at 489 U.S. 196, Rehnquist treated the proposition from Youngberg as a general principle of constitutional law. 17 Barry, Welfare, 79. 18 Holmes and Sunstein, The Cost EVERY STATE AWELFARE STATE 13.
Contenido
1 | |
Charter of Negative Liberties Arguments from Text and History | 23 |
Negative Constitutionalism and Unwanted Consequences | 42 |
Moral Philosophy and the NegativeLiberties Model | 65 |
The Instrumental Constitution | 92 |
Is the Constitution Adequate to Its Ends? | 118 |
Index | 157 |