Americans have been claiming and defending rights since long before the nation achieved independence. But few Americans recognize how profoundly the nature of rights has changed over the past three hundred years. In The Nature of Rights at the American Founding and Beyond, Barry Alan Shain gathers together essays by some of the leading scholars in American constitutional law and history to examine the nature of rights claims in eighteenth-century America and how they differed, if at all, from today’s understandings. Was America at its founding predominantly individualistic or, in some important way, communal? Similarly, which understanding of rights was of greater centrality: the historical "rights of Englishmen" or abstract natural rights? And who enjoyed these rights, however understood? Everyone? Or only economically privileged and militarily responsible male heads of households? The contributors also consider how such concepts of rights have continued to shape and reshape the American experience of political liberty to this day. Beginning with the arresting transformation in the grounding of rights prompted by the American War of Independence, the volume moves through what the contributors describe as the "Founders’ Bill of Rights" to the "second" Bill of Rights that coincided with the Civil War, and ends with the language of rights erupting from the horrors of the Second World War and its aftermath in the Cold War. By asking what kind of nation the founding generation left us, or intended to leave us, the contributors are then able to compare that nation to the nation we have become. Most, if not all, of the essays demonstrate that the nature of rights in America has been anything but constant, and that the rights defended in the late eighteenth century stand at some distance from those celebrated today. Contributors:Akhil Reed Amar, Yale University * James H. Hutson, Library of Congress * Stephen Macedo, Princeton University * Richard Primus, University of Michigan * Jack N. Rakove, Stanford University * John Phillip Reid, New York University * Daniel T. Rodgers, Princeton University * A. Gregg Roeber, Pennsylvania State University * Barry Alan Shain, Colgate University * Rogers M. Smith, University of Pennsylvania * Leif Wenar, University of Sheffield * Gordon S. Wood, Brown University

America's Founding Fathers shared similar beliefs on the nature of civic life and the character of those supposed to be able to self-govern. Although they studied the failed republics of the ancient world, they believed that classical ideals were still applicable to politics. This unique contribution to the literature on American Founding gathers leading thinkers who set out not to relate its history, but its intellectual underpinnings. They explore the Founding Fathers' assumptions about civic life, human nature, political institutions, private morality, aesthetics, education, and history. Chapters on natural law, the Judeo-Christian conception of human nature, the influence of Aristotle and Cicero, the symbolic role of architecture, and the importance of education help understand the foundations that led to the Declaration of Independence and a constitutional charter that aimed to be universal in its human aspirations. This authoritative work provides a conservative response to more liberal interpretations of America. It will enrich the debate on civic life and be a key resource to anyone interested in America's "experiment in ordered liberty."

Letters, papers, petitions and proclamations from the mid-18th century in the American colonies, provide a different historical perspective on the Declaration of Independence.

Traces the emergence of a revolutionary conception of political authority on the far shores of the eighteenth-century Atlantic world. Based on the equal natural right of English subjects to leave the realm, claim indigenous territory and establish new governments by consent, this radical set of ideas culminated in revolution and republicanism. But unlike most scholarship on early American political theory, Craig Yirush does not focus solely on the revolutionary era of the late eighteenth century. Instead, he examines how the political ideas of settler elites in British North America emerged in the often-forgotten years between the Glorious Revolution in America and the American Revolution against Britain. By taking seriously an imperial world characterized by constitutional uncertainty, geo-political rivalry and the ongoing presence of powerful Native American peoples, Yirush provides a long-term explanation for the distinctive ideas of the American Revolution.

This volume contributes to the on-going legal discussion on pressing procedural and substantial law issues in the ambit of international human rights and civil liberties. While the 20th century has seen the true awakening of human rights, the 21st century poses new challenges to this ever-unfolding area of law. Not only do international tribunals and quasi-tribunals worldwide and domestic US and European continental courts have to deal with increasing numbers of complaints and petitions from individuals and groups on a vast array of societal problems, the legal issues put to them are sometimes extremely difficult to resolve as they relate to very sensitive issues. This book examines issues ranging from the status of human rights under US law to the status of the ECHR in the broader context of international law. It looks at the role of positive obligations in the case law of the Strasbourg Court, as well the impact of its case-law on childbirth and push-back operation towards boat people, but also at the growing unwillingness of ECHR member states to cooperate with the Strasbourg Court. It explores the new frontiers in US Capital punishment litigation, the first case before the International Criminal Court and the legal effect of judgments of the European Court on third states.​

A comparison of French and American approaches to freedom of expression, with reference to the historical, social and philosophical contexts.

Study of church and state in the United States is incredibly complex. Scholars working in this area have backgrounds in law, religious studies, history, theology, and politics, among other fields. Historically, they have focused on particular angles or dimensions of the church-state relationship, because the field is so vast. The results have mostly been monographs that focus only on narrow cross-sections of the field, and the few works that do aim to give larger perspectives are reference works of factual compendia, which offer little or no analysis. The Oxford Handbook of Church and State in the United States fills this gap, presenting an extensive, multidimensional overview of the field. Twenty-one essays offer a scholarly look at the intricacies and past and current debates that frame the American system of church and state, within five main areas: history, law, theology/philosophy, politics, and sociology. These essays provide factual accounts, but also address issues, problems, debates, controversies, and, where appropriate, suggest resolutions. They also offer analysis of the range of interpretations of the subject offered by various American scholars. This Handbook is an invaluable resource for the study of church-state relations in the United States.

From pre-Columbian times to the environmental justice movements of the present, women and men frequently responded to the environment and environmental issues in profoundly different ways. Although both environmental history and women's history are flourishing fields, explorations of the synergy produced by the interplay between environment and sex, sexuality, and gender are just beginning. Offering more than biographies of great women in environmental history, Beyond Nature's Housekeepers examines the intersections that shaped women's unique environmental concerns and activism and that framed the way the larger culture responded. Women featured include Native Americans, colonists, enslaved field workers, pioneers, homemakers, municipal housekeepers, immigrants, hunters, nature writers, soil conservationists, scientists, migrant laborers, nuclear protestors, and environmental justice activists. As women, they fared, thought, and acted in ways complicated by social, political, and economic norms, as well as issues of sexuality and childbearing. Nancy C. Unger reveals how women have played a unique role, for better and sometimes for worse, in the shaping of the American environment.

Hadley Arkes argues that it is necessary to move "beyond the Constitution," to the principles that stood antecedent to the text, if we are to understand the text and apply the Constitution to the cases that arise every day in our law.

In Civil Rights and the Paradox of Liberal Democracy, Bradley Watson demonstrates the paradox of liberal democracy: that its cornerstone principles of equality and freedom are principles inherently directed toward undermining it. Modernity, beyond bringing definition to political equality, unleashed a whirlwind of individualism, which feeds the soul's basic impulse to rule without limitationincluding the limitation of consent. Here Watson begins his analysis of the foundations of liberalism, looking carefully and critically at the moral and political philosophies that justify modern civil rights litigation. He goes on to examine the judicial manifestations of the paradox of liberal democracy, seeking to bring a broad philosophical coherence to legal decision making in the United States and Canada. Finally, Watson illuminates the extent to which this decision making is in tension with liberal democracy, and outlines proposals for reform.